How to calculate moral damages in an accident

Moral damage in an accident and its recovery

Road accidents are unfortunately not uncommon these days. Not only equipment suffers from them, but also people.

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Very often, due to accidents, the relatives of the victim also suffer and lose their health. About what is called moral damage, how to compensate for it, and what papers will be needed - in the article.

Concept and components

Many Russian citizens often do not realize that moral damage can be compensated. According to Article 1099 of the Civil Code of the Russian Federation, moral damage is compensated to a person, regardless of the damage caused to property.

First you need to understand what this concept is.

This is the suffering endured by the victim or his relatives, who constantly accompany the person or his family members due to the inability to fully move or take part in the life of their family.

Citizens are often interested in what is included in moral damages in an accident.

This:

pain resulting from injury;
job loss due to activity restrictions;
loss of loved ones;
temporary or permanent infringement of rights;
temporary or permanent decrease in physical activity;
experiences that arise as a result of harm to health.

Remember: treatment for injuries sustained as a result of an accident does not constitute compensation for moral damages.

Who is eligible to receive?

The following categories of citizens are entitled to receive compensation:

persons actually injured in road accidents;
relatives of the injured person - they receive compensation if the injured person himself cannot receive payments for health reasons;
parents or guardians who have a minor child who was injured in an accident.

Remember that the insurance company under the issued MTPL and CASCO policies does not compensate for moral damages in the event of an accident.

If there is no insurance, then only the person responsible for the accident can compensate for the damage. If the person who caused the accident was driving a company car, then damages should be recovered from the employer.

Compensation for moral damage in case of an accident

Any vehicle is considered a source of increased danger. The victim has the right to demand that the driver who was driving him compensate for the corresponding damage. This is regulated by Article 1100 of the Civil Code of the Russian Federation.

Moreover, it does not matter what kind of harm was caused to the victim: light, severe or moderate.

In addition, the driver who caused the accident compensates for the damage to the passenger traveling with him.

Process Features

A person can go to court and demand compensation for moral damage in the following cases:

if there is evidence of harm caused to health;
illegal actions or criminal inaction have been committed in relation to the victim;
there is a connection between the actions of the offender and the victim;
there is evidence of the driver's guilt.

What documents may be required

The court will need the following documents:

certificate of the accident;
photocopy of the traffic police report. It must indicate the general condition of the victim and the presence of injuries he received due to the accident;
a certificate from a doctor or a medical commission’s conclusion about deteriorating health;
conclusion of a medical and social examination - it is carried out if a person has become disabled;
a certificate from a neurologist or psychotherapist about the appearance of nervous disorders in a person after an accident;
a conclusion received from a specialized specialist about temporary or complete loss of ability to work;
checks and strict reporting forms confirming expenses incurred for treatment and recovery;
death certificate;
marriage certificate - needed to confirm the relationship between the victim and the person receiving compensation;
birth certificate - necessary to confirm the relationship between the deceased and the person who will receive compensation;
certificate confirming the presence of minor children or dependents in the family.

If the driver was found not guilty, the following documents will also be required:

resolution on refusal to bring to administrative liability;
resolution to terminate the criminal case;
decision to refuse to initiate criminal proceedings.

If the driver is guilty, the following documents will be required:

a decision finding him guilty;
court sentence.

What compensation and in what amount is due?

The amount of payments is not regulated by law. The victim independently determines their size.

In this case, the amount of damage caused to health, the degree of guilt of the driver and the presence of other circumstances are taken into account.

The final amount of payments is determined by the court after clarifying all the circumstances and studying the case materials.

Dire consequences

Grave harm includes injuries that significantly reduced or made it impossible for a person to work: amputation of limbs, brain injuries, loss of some part of the skin.

In the event that a person has suffered serious harm, the amount of payments varies from 50,000 to 100,000 rubles.

Average severity of harm

Medium is considered harm that led to a temporary loss of a person’s ability to work: for example, fractures of the upper and lower extremities.

If the victim suffered moderate harm to health, then the amount of payments ranges from 20,000 rubles to 50,000 rubles.

Minor harm

Minor harm is considered to be harm that does not lead to a person’s loss of ability to work: the occurrence of general malaise, stress, depression and other nervous disorders in a person.

In the event that a person’s health is slightly harmed, the amount of payments varies from 3,000 to 20,000 rubles.

No harm to humans

If no harm was caused to a person’s health, this does not mean that the perpetrator should not compensate for moral damage.

Medicines or other small expenses for treatment incurred by the victim after an accident may also be compensated.

Typically, such types of damage are compensated in the amount of 1000-1500 rubles.

Are fines issued for speeding using cameras? Find out here.

How to assess suffering and calculate the amount

The assessment of suffering arising after an accident is carried out by examining the following circumstances:

the fact of the appearance of physical and moral suffering precisely after the accident;
the way they are applied - how they arose - as a result of specific behavior or intentional actions;
the degree of culpability of all participants in the accident;
the amount of moral damage that must be compensated from the point of view of the victim.

An experienced lawyer will help you calculate the amount of payments, and it is advisable to contact him first.

If a person cannot do this due to financial difficulties, then he needs to study the judicial practice of previous years and articles of the Civil Code (151, 1099, 1100, 1101), which talk in detail about compensation for moral damage.

No casualties

If an accident occurs, but there are no casualties, then moral damages are compensated on an individual basis.

Also, if there is damage to the machines, they should be compensated.

In a non-contact accident

Initially, you should decide what a non-contact accident is.

This is an accident in which the driver violated traffic rules, hit a pedestrian or drove off the roadway, collided with another car or overturned.

In the event that all of the above actions occurred through the fault of the pedestrian, he will need to pay a fine, or he may be imprisoned for a certain period of time.

In the event that all of the above actions occurred through the fault of the driver, he will also be forced to pay a fine or be prosecuted, especially if the pedestrian was seriously injured or died.

If there was a death

If the accident resulted in the death of the victim, then the driver, in addition to the penalties established by Article 264 of the Criminal Code of the Russian Federation, must also compensate for moral damage.

Its size is determined during the court hearing and after studying all the materials of the case, which is regulated by Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 26, 2010 No. 1.

Indexing

Indexation of collected but not paid on time amounts of compensation for moral damage caused during an accident is aimed at protecting the rights of the victim.

After a person has suffered moral damage and until he is paid compensation for it, sometimes a very long time passes.

As a result, the amount recovered from the culprit of the accident becomes very small. Thanks to this, under Article 208 of the Code of Civil Procedure of the Russian Federation, the judge can reconsider the case and collect a new amount of compensation, as well as collect money for failure to pay compensation on time.

Typically, the amount increases in direct proportion to the amount of compensation previously collected.

How to recover from the culprit?

The procedure for collecting moral damages from the culprit of an accident is determined by the following factors:

the responsibility to which he is held;
the presence of evidence of his guilt.

Pre-trial agreement

If a criminal case has been opened against the culprit of the accident, the victim must seek compensation for moral damage within its framework.

In this case, he will be required to file a civil claim for compensation for moral damages in an accident. It sets out the suffering he suffered and the total amount of compensation for it.

Typically, when filing such claims, the person responsible for the accident tries to reach an agreement with the victim on a voluntary basis.

Remember: if the investigator asks the victim to seek compensation for moral damage after considering the criminal case, then he should not agree to these conditions.

Jurisdiction

If the claim was not filed by the victim before the trial, then the victim and his relatives become civil plaintiffs. In this case, the court issues a moral claim related to the crime.

State prosecutors very often satisfy such claims. In some cases, the courts recognize the right of the victim to file a claim, but consider it during the civil hearing of the case.

The victim should not agree to these actions, since during the civil hearing of the case the claim will have to be filed anew and the victim will have to independently collect the evidence base.

What is the responsibility for crossing a double solid line? See here.

Has the fine for not having a child seat been cancelled? Information is here.

What will need to be proven in court?

Regardless of what kind of trial takes place, the victim should be provided with the following evidence:

prepare facts about the accident;
submit documents confirming the harm caused to the victim’s health;
prepare documents on the amount of damage;
present facts confirming that the person responsible for the accident caused harm.

Remember: if a criminal case has been opened against a motorist, then there is no need to collect evidence.

Sample statement of claim

Initially, the victim can apply for compensation to the person responsible for the accident. You can send your claim to him by registered mail. This can also be done through mediation.

This is a procedure for pre-trial settlement of controversial issues with the participation of an experienced specialist.

If a compromise cannot be achieved peacefully, the victim can file a claim in court.

Court selection:

the claim is filed in the district or city court at the place of residence of the person responsible for the accident;
if after the accident the victim’s health has sharply deteriorated or he has lost a family member, then the documents are submitted to the district or city court at the victim’s place of residence;
if the accident was caused by a legal entity, then the claim is filed in court at the location of the organization;
if the case involves criminal prosecution, then the claim is filed in the regional court.

The claim contains an inventory of the attached medical and other documents proving the deterioration of the patient’s health.

The claim must contain the following information:

name and address of the court where the paper is filed;
information about the plaintiff and defendant;
the price of the claim is the amount of moral compensation that a person wants to receive;
requirements presented to the defendant indicating the provisions of the law;
list of attached papers.

If the claim is filed by an individual, then the following data must be indicated: full name, date of birth, passport details, address of residence and registration.

If the claim is filed by a legal entity, then the following shall be indicated: name, full name, position of the head, document regulating its activities, residential address and legal address.

For individual entrepreneurs: full name, passport details, USRIP details.

A sample claim form can be found here:

Moral damage in an accident without victims: how to assess

Compensation for moral damage in an accident in 2018

In our country, road accidents occur every day. In addition, according to statistics, almost every driver with more than 3 years of driving experience has been involved in an accident at least once in his life. The consequences of this unpleasant situation can be very different: from the opening of a criminal case to the need to compensate for moral damage in an accident.

In Russia, court cases related to monetary compensation for moral damages are quite difficult to win. The difficulties lie in the problems with determining a specific amount and proving its value. Despite this, it is quite possible to achieve compensation if you know how to do it correctly.

Differences between moral damage and material damage

Determination of moral damage after an accident

It is rare that an accident occurs without any casualties. The fact is that even if no harm was caused to health, the fact itself still makes the victim worry. Moral damage is usually based on the unpleasant feelings a person suffered during an accident. In other words, moral harm is defined as the mental suffering of a victim who has been in an accident. In addition, the nervous experiences of relatives about a person close to them who, for example, became disabled after an accident, also belong to this definition.

In Art. 1100 of the Civil Code states that moral damage must be paid if its source was a car. Moreover, this rule applies even if the driver was not the culprit of the accident.

The amount of moral damage during an accident does not depend on property compensation. Therefore, in court they are considered separately, despite the fact that the claim itself is filed in the way that is convenient for the plaintiff: separately or together with all the claims.

In addition, the person responsible for the accident may, of his own free will, compensate for moral damages to the victim. In this case, it is recommended to record the transfer of money using a written receipt. If the culprit of the accident refuses to pay or the victim believes that he received an insufficient amount, each of them can go to court to resolve the dispute.

Grounds for collecting moral compensation from the culprit of an accident

The most common reasons for which it is possible to recover moral damages are:

death of a relative in an accident, compensation in this case is paid to the relatives of the victim,
dismissal from a permanent job due to the incapacity of the victim,
frustration due to damage caused to the only means of transportation,
During the accident, serious injuries were sustained that force the victim to endure severe pain,
mental disorders of the victim that arose after the accident.

Applicant and defendant during the recovery of moral damages

A claimant who is ready to file a claim for damages may be:

the victim himself,
guardians or parents of the victim, if the latter has not reached the age of majority,
family of the victim if he died as a result of the accident.

Now let’s figure out who cannot act as a defendant in court on this issue. According to current legislation, compensation for moral damage caused in an accident cannot be demanded from insurance companies (for example, under CASCO or OSAGO policies). The MTPL policy is compulsory insurance, but it can only provide compensation for material damage. Compensation for moral damages can only be demanded from the person responsible for the accident, i.e. individual.

Despite the fact that insurers cannot be sued for moral damages incurred in connection with an accident, it is still possible to file a claim against them. This happens when it comes to stress resulting from illegal actions or inactions of insurance companies.

For example, delays in standard insurance claims.

In addition, there are other persons from whom damages cannot be recovered. This:

the owner of a car who has evidence that his car was stolen at the time of the accident,
a vehicle driver who is able to provide compelling evidence that the person trying to recover moral damages is considered to be the culprit of the accident or has violated other rules that led to these consequences. Such evidence may well be video footage from the recorder. In addition, there are usually many cameras installed on city streets. The results of their shooting can also be used. Witness testimony will also do.
a driver who hit a pedestrian crossing the road outside a pedestrian crossing. Moreover, in this case the plaintiff is completely denied, although judicial practice recognizes cases when it was still possible to recover half the amount from such a defendant.
the driver, in a case where the accident was rigged by the plaintiff in order to receive moral compensation.

Compensation for moral damage in case of an accident in court

Compensation for moral damage received in an accident is possible only after providing significant evidence. To correctly compile the entire package of documents, you need to have the appropriate knowledge in this area. If they are not there, it is better to contact a lawyer.

Where to file a claim for compensation?

To compensate for moral damage caused to mental health in an accident, the plaintiff must provide a correctly collected package of documents:

to the city or district court located at the registration of the defendant,
if the victim feels unwell, it is allowed to submit an application according to the territorial affiliation of the plaintiff,
to the regional court, when along with moral liability comes criminal liability,
to the court at the location of the company, if the defendant is a legal entity.

How to file a claim for damages?

When going to court, the plaintiff must express his intention to receive money for moral damages from the person responsible for the accident. To indicate his intentions, he files a lawsuit.

When a claim for compensation for moral damage is not drawn up according to the rules, the court will not accept it for consideration. This applies even when the errors are of a formal nature.

The statement of claim usually states:

the name of the judicial authority where the documents are submitted,
information about the defendant and plaintiff,
reasons for filing a claim,
the legislative framework in accordance with which the plaintiff acts,
claims against the defendant.

In general, the following documents are attached to the claim, which will be one of the main evidence of what happened. This:

plaintiff's passport,
a paid receipt (for such actions, a state fee is charged, except in cases where harm is caused to the only breadwinner in the family),
extract from the medical record,
report on the inspection of the scene of the incident.

Determining the amount of compensation for moral damage in an accident

Determining the amount of compensation payments for moral damage from an accident is quite difficult. The fact is that the plaintiff usually tries to inflate the amount required to be paid, and in the interests of the defendant, on the contrary, to reduce it. But it is the court that determines the final amount of such debt.

But the plaintiff must indicate at the stage of filing the claim how much he wants to recover. How to correctly calculate the amount of material damage? The plaintiff, theoretically, can demand absolutely any amount from the culprit of the accident, since there is no limit established by law. But you must remember that your requests will need to be confirmed and proven. To do this, you will need to collect the following documents:

sick leave or other document proving the plaintiff’s incapacity for work and loss of associated funds,
a receipt confirming payment for the lawyer's services,
extract from the medical record,
checks confirming the completion of rehabilitation procedures,
receipts for medications prescribed by a doctor,
vouchers to a specialized sanatorium,
a document proving the plaintiff’s disability resulting from the accident,
certificate of presence of disabled dependents,
conclusion of forensic experts that the disease occurred as a result of an accident,
a medical certificate confirming that the patient’s condition worsened as a result of the accident, etc.

If the loss of ability to work is temporary, the victim may demand compensation for money for a given period of time. When it is clear that recovery is not possible, it is possible to compensate for the damage for a lifetime.

The plaintiff, when filing a claim for moral damages in an accident, must provide that the defendant, for his part, will use all possible evidence to reduce the amount requested by him or not pay for moral damages at all. To do this, he will need to prove that:

the plaintiff acted carelessly and unlawfully,
there was a traffic violation,
The defendant's financial position does not allow him to pay large sums.

Average compensation in Russia

Based on judicial practice, we can say that the court estimates the moral damage received by the victim during an accident at 40% of the amount requested in the claim. If we take the average figures for Russia that we were able to obtain in court, then:

minor harm to health is estimated at 1-20 thousand rubles,
loss of average severity - 20-50 thousand rubles,
severe harm to health will cost an amount usually not exceeding 100 thousand rubles,
Death during an accident is assessed on an individual basis.

Court verdict on compensation for moral damages

Based on the documents provided, the judicial authorities make their decision.

If such a conclusion does not suit one of the parties, it has the right to file an appeal. This is done no later than 10 days after the decision is made. An appeal is filed to higher judicial authorities by one of the parties or a lawyer involved in the process as a plaintiff or defendant.

If both parties are satisfied with the court's order, they must be prepared to comply with it. To do this, the judicial authorities transmit the writ of execution to the bailiffs or the bank of the insurance company.

After receiving the documents, the bailiffs open the corresponding paperwork, as a result of which the accounts in the bank whose services the debtor uses are blocked and the required amount is withdrawn from them. If there is not enough money in the defendant’s accounts, the debtor’s property is seized.

When none of the above methods failed to recover the required amount for moral damages in case of an accident from the defendant, it is deducted from the salary.

If the defendant has proven that he is poor, the possibility of obtaining a claim for moral damages is significantly reduced.

The court decision is mandatory for implementation in any region of the country by any commercial organizations or authorities.

When driving a car, remember that it is considered a high-risk vehicle. Try to do this carefully and avoid getting into an accident. If an accident occurs and you suffer moral damage, try to adequately assess your financial requirements.

Who compensates for moral damage in an accident without victims?

Moral damage in road accidents: judicial practice. The amount of moral damage in an accident

Very often, drivers are faced with the fact that they have to somehow compensate for moral damage in an accident. But how to do that? And in what sizes? And from whom can I request this payment? To be honest, a lot depends on what the traffic accident was like. Moral damages are influenced by many factors that should not be overlooked. Depending on the severity of the damage, you will have the opportunity to receive more or less money in the end. So our question is not so simple, so we will have to study it, as they say, up and down. So what should you prepare for? How to behave if you need to make compensation for moral damages in a road accident in one case or another?

Not financially

The first step is to figure out what we are talking about. After all, moral damage is something intangible, and therefore not entirely understandable. In particular, due to the fact that you somehow have to evaluate the torment and anxiety you have suffered, as well as make a decision on the amount of payment. What is such damage in moral terms? In material terms, everything is clear, especially in case of accidents.

We will be dealing with an abstract concept. And it is based on your personal experiences and emotions. We can say that moral harm is your suffering. Don't confuse it with the material.

How to fully understand what moral damages are in an accident? Judicial practice points to some cases that help to understand this issue. For example, as a result of an incident, a citizen lost his ability to work for 3 months. In this case, material damage is losses associated with the victim’s earnings, as well as his expenses for treatment/recovery. Moral matters too. It is expressed in the experiences of the citizen. True, it is not so easy to evaluate them.

Components

In order not to be confused in the two concepts of harm caused, it is customary to highlight some components of each of them. With property (material) damage, everything is clear. But the moral one requires special attention. Before you refund and claim it, you must make sure that it exists.

Thus, moral damages in an accident (without victims and with them) may be different. If you notice that any of them are relevant to your case, it is worth applying for compensation. But first you will have to somehow assess the damage received.

The moral “option” includes, as already mentioned, your experiences. For example, related to the loss of family and friends due to an accident. This also includes pain from injuries inflicted on you, stress, and loss of the ability to lead a normal lifestyle - both temporary and permanent. Disability, loss of employment, damage to your reputation (for example, due to the disclosure of some defamatory information about you), damage caused to your only transport - all this relates to the moral side of the issue. But property should not be forgotten either. She is not excluded.

Independence

Pay attention to a very interesting point. Especially if you have to compensate for moral damages in an accident. We will have to turn to the legislation of the Russian Federation in order to accurately understand and remember some important aspects of our topic of conversation today.

For example, many are interested in the question of the amount of moral compensation for certain events. Setting up these payments is not so easy. However, it is possible. Having studied the laws of the Russian Federation, it is worth noting for yourself the fact that property damage does not depend on moral damage, and vice versa.

What does it mean? Everything is very simple. The amount of compensation that you will pay to the victim (or that is due to you as the victim) is in no way dependent on the property damage caused. This is what Article 1099 of the Civil Code says. It turns out that the greater the material damage, the more you will ultimately have to pay in total. Please take this into account. After all, the moral and material aspects of the issue will be decided in relation to the assignment of the amounts due for payment, independently of each other.

Insurers

So from whom will you have to demand compensation for moral damages in an accident? Judicial practice indicates that most often those involved in the incident fall under the “distribution”. That is, individuals. This is a completely normal and justified phenomenon.

But it doesn't always happen. In some cases, you have the right to claim damages from your insurance company. This is not such a common phenomenon in judicial practice, but it does occur. Insurance companies, either under MTPL or CASCO, as a rule, do not compensate for moral damage received as a result of a traffic accident.

In what cases can you request compensation from insurers in court? Then, when it comes not to your experiences and suffering associated with the accident, but to the stress resulting from the actions of the insurance company. For example, delays in appropriate insurance payments. Not the most common occurrence, but it does occur sometimes.

Harm to life

The peculiarities of our today's question do not end there. The thing is that road traffic accidents are rarely accompanied by harm to health. In practice, as a rule, property damage always occurs, and the victim receives, albeit minor, injury (not always, fortunately, but quite often).

Moral damages in case of an accident (moderate or mild - it doesn’t matter) will be compensated if the plaintiff puts forward appropriate demands. Plus, pay attention to the fact that in this situation the size is set regardless of what damage is caused to the property. We already know about this.

Another feature is that, regardless of the defendant’s fault, moral damages in case of an accident (severe or minor harm to health is not so important, these indicators will only be reflected in the amount of compensation) is compensated when appropriate claims are put forward. This rule is specified in Article 1100 of the Civil Code of the Russian Federation. Why does this happen? All due to the fact that the citizen in this case controls a high-risk vehicle. Any transport (motor) is like that. This means that you will have to bear the appropriate punishment if you are presented with a claim.

Establishing the amount by law

It turns out that if there is evidence, everyone in an accident has the right to receive moral compensation. This is a fairly common practice in court. The only problem is collecting evidence of your suffering. What will be the amount of moral damages in an accident, according to the laws?

To be honest, there are no fixed payments. This means that it is impossible to predict exactly how much you will have to give or be able to receive. The court either independently assigns an amount based on the assessment of the moral damage suffered by the plaintiff, or gives the opportunity to assess the suffering directly to the victim. Nevertheless, according to practice, certain frameworks have been established in Russia regarding our current issue.

Approximate calculations

So, we are interested in monetary restrictions on payments. More precisely, the average indicators of the amounts of moral damage that are paid in Russia, taking into account the severity of the injuries received. It is very important. After all, grave harm and light harm are different concepts. There is no way to evaluate them equally.

If a traffic accident caused minor harm to your health, then don’t even hope for huge payments. On average, they range from 3 to 20 thousand rubles. Although, as practice shows, the average amount will be about 10 thousand. Not too much, but not too little either. Although these limits are not justified. You have every right to ask for more money, but whether the court will agree with you is a completely different question.

The amount of moral damage in an accident of moderate severity in Russia is set at 50,000 rubles. The victim may receive more, sometimes less. Minimum - 20 thousand rubles. As you can see, the difference is quite serious.

But what to do if moral damage was caused in an accident, assessed as serious? More precisely, if the plaintiff’s health was seriously damaged? In this case, get ready for maximum payouts. They range from 100 to 200 thousand rubles. In some cases, of course, payments may be smaller. But this doesn't happen too often.

Regularity

All the surprises regarding our today's question do not end there. Especially if we are talking about cases in which moral damage was caused in an accident of moderate severity, as well as the highest. During such incidents, victims very often lose their ability to work for some time. This factor can play a cruel joke on the culprit.

The thing is that under the current circumstances, moral damages in case of an accident (minor harm to health does not cause such consequences) are repaid in the form of regular payments. Moreover, the duration of these will be exactly as long as the citizen does not work.

Thus, on average you will have to pay about 15-20 thousand rubles. This is exactly how much the average citizen actually earns. Please note that payments will be made monthly. Sometimes they can be significantly larger. It all depends on the victim’s income. True, in practice this option for solving the problem is usually not in great demand. It is much more common to simply issue a “bill” for the harm caused in a fixed amount and receive compensation as a lump sum payment. This is the decision most often made by both the court and the plaintiffs. What is the reason for this? Most likely, the fact that after regular payments have been assigned to the victim, they have to be collected in court. That is, go to court again. And this is an additional waste of time and effort. Not everyone will agree to this. Now a little about how you can compensate yourself for moral damage in an accident. What is the procedure for going to court? What can be useful for this?

Let's go to court

Well, as soon as a traffic accident occurred, during which you were harmed to one degree or another (moral), you should go to court for compensation in monetary terms. Just before this you need to collect some documents and evidence. You will have to start immediately after the accident. First you need to fix it. Or confirm it with witnesses. Usually there are no problems with this point, because now “Safe City” cameras are installed on the roads, which record all violations. And accidents too.

Next, collect evidence of the damage caused. For example, medical reports on your state of health, extracts from hospitals, and so on. Anything that can confirm the presence of moral damage resulting from the accident will do.

When you are ready, take with you the collected evidence, your passport, and also invite witnesses to the accident, if any. And go to court to write a statement of claim. It should describe all the details of what happened in “colors”.

Directly at the appointed hearing, the court must note what kind of damage was caused to the plaintiff, what it was expressed in, and in what way it was caused (by actions or inactions). Next, the degree of guilt of the defendant is assessed. And all other issues related to the case, as well as those that could influence the court’s decision, are considered. In the end, the amount at which the plaintiff assessed the damage received is examined. Moreover, we are talking about moral compensation, without taking into account property damage.

If you have witnesses who are able to confirm/refute guilt, they will also have to be heard without fail when studying your case. After all, the issue of moral compensation for damage plays a huge role. Especially when the amount of payments is set in large amounts. Then you have to thoroughly study all the nuances of the issue. And the court will have the right to increase or decrease payments if it turns out that the plaintiff’s assessment of damage is unreasonable.

True, you shouldn’t hope that your case will be closed quickly. On average, such claims take about three months to be processed. Please take this into account. Plus, the evidence that the plaintiff provides must be really strong. Otherwise, moral damage will not be compensated.

Extortion

In such cases, citizens usually try not to retreat from their positions. And, as a result, they extort moral damages after an accident. If you encounter this phenomenon, try to somehow record all cases of extortion. If you manage to prove the existence of unfounded demands for payment of money, you will have every right to file a claim in court.

The “victim” can be tried directly for extortion. Therefore, keep in mind that only the presence of compelling reasons will help to recover additional money from the defendant as moral damages. In the absence of these, you can completely forget about such a request.

Try to evaluate the harm caused on its merits. If the court considers your situation and then finds that the “cost” of the fee is too high, they will have the right to reduce it. As you can see, the issues related to compensation for moral damage due to an accident are very serious and difficult. Expertise, doctors' reports and other documents - all this can help you. This is how moral damages are compensated in case of an accident. Judicial practice often encounters this phenomenon; this is far from the rarest case.

Moral damage in an accident and its compensation - judicial practice depending on the severity of the incident

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An accident can lead not only to physical injuries, but also to mental suffering. The current legislation of the Russian Federation allows for the recovery of compensation from the culprit of the incident. However, not everyone knows how to act in such a situation. We will talk further about the procedure, the specifics of determining the amount of payment depending on the damage caused, and the package of documents that the citizen must prepare.

Judicial practice on compensation for moral damage from the culprit

Judicial practice under Art. 1079 of the Civil Code of the Russian Federation shows that usually the amount of compensation requested is underestimated. Thus, in case No. 22-4842/2016, the plaintiff filed an appeal, demanding a review of the amount of payments. As justification, the applicant disputes the fact that the absence of a speed limit at the scene of the accident was considered a mitigating circumstance. The court rejected the claim.

The recovery of moral damages in an accident of moderate severity may result in the conclusion of a settlement agreement. Thus, the Novgorod District Court considered case No. 2-2628/13 , in which the plaintiff demanded compensation for a hit-and-run. As a result of the incident, the applicant was injured and was hospitalized. During the trial, the parties filed a motion requesting approval of the settlement agreement. In accordance with it, the defendant assumed obligations to pay compensation in the amount of 20,000 rubles, which is less than the amount initially requested, and the plaintiff abandoned his claims. The court agreed to approve the settlement agreement.

The citizen is obliged to prove the existence of moral suffering. For example, in case No. 33-3495/2016, the plaintiff demanded compensation in connection with the death of his wife. However, the applicant did not provide evidence of moral suffering, stating that this fact was generally known. The court decided differently.

If the actions of the culprit of the incident resulted in serious harm to health or death of a person, the punishment will be established in accordance with Art. 264 of the Criminal Code of the Russian Federation . In this case, collection can begin at the investigation stage.

When causing minor or moderate injuries, the punishment is established in accordance with Art. 12.24 Code of Administrative Offenses of the Russian Federation . A claim for payment can be filed only after one of the participants in the incident is found guilty. The payment is assigned based on the provisions of Art. 1079 Civil Code of the Russian Federation .

The law does not establish the exact procedure that must be performed to receive compensation. In practice, the process is usually carried out according to the following scheme:

The fact of the incident is recorded and representatives of the authorized bodies are notified ( Article 2.6 of the Traffic Regulations of the Russian Federation ).
The citizen is engaged in preparing a package of documents and filing a statement of claim. It is filled out based on the norms of Art. 131 Code of Civil Procedure of the Russian Federation .
The applicant participates in the proceedings.
The court makes a decision. If a citizen does not agree with it, the verdict can be appealed.

The applicant must prove the existence of moral suffering. To do this, you need to seek medical help. It is mandatory to retain all documentation confirming restoration costs. They will act as evidence of the moral suffering of the victim.

Sample statement of claim for compensation for moral damage in an accident

Having figured out whether it is possible to sue the person responsible for the accident for moral damages, it is worth moving directly to the implementation of the process. To initiate proceedings, it is necessary to file a claim for compensation for moral damages. There is no legally prescribed form of the document.

Download a sample statement of claim

However, in Art. 131 of the Code of Civil Procedure of the Russian Federation specifies a list of mandatory information that must be present in each claim. The standard states the following:

The statement of claim must indicate:

name of the court to which the application is filed;
the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative;
the name of the defendant, his place of residence or, if the defendant is an organization, its location;
what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands;
the circumstances on which the plaintiff bases his claims and evidence supporting these circumstances;
the price of the claim, if it is subject to assessment, as well as the calculation of the collected or disputed amounts of money;
information about compliance with the pre-trial procedure for contacting the defendant, if this is established by federal law or provided for by the agreement of the parties;
list of documents attached to the application.

The document must be signed. The action is performed by the plaintiff himself or his representative if he has a power of attorney with the appropriate powers.

Amount of compensation for moral damage

Moral damage in case of an accident and its compensation are compensated according to the rules enshrined in the law. However, there are no rules regulating the amount of the due payment. Therefore, it is not clear how to assess moral damage in an accident and receive payment.

Judicial practice can help in the process of taking action. Claims demanding large compensation (more than 10,000-50,000 rubles) are rarely approved. You can only receive such a payment in the event of serious injury or death. During the proceedings the following will be taken into account:

the health status of the person injured during the accident;
the amount of money spent on treatment;
the financial situation of the person responsible for the incident;
family circumstances of the participants in the incident;
presence of obligations to third parties;
causes of road accidents.

The list is not exhaustive. The court may take into account other features of the current situation. A decision will be made based on the aggregate data. If the citizen is not satisfied with it, you can file an appeal ( Article 320 of the Code of Civil Procedure of the Russian Federation ).

Particular attention during the trial is paid to the severity of injuries received as a result of the accident. In judicial practice, the following pattern can be traced - the more serious the consequences, the greater the amount of compensation the victim can count on. Thus, the amount of moral damage for serious injury to health in an accident will be significantly greater than compensation for mild injuries.

Moral damage of moderate severity

If a citizen has partially lost his ability to work or has had a persistent health disorder for a long time, he is considered to have received a moderate injury. The norm is enshrined in the Rules for determining the severity of harm to health. For example, sustaining fractures during a car collision or pedestrian collision may be classified in this category.

Typically, treatment for moderate injuries is carried out in a hospital for at least several days. To qualify for compensation in the future, a citizen must prepare a package of documents. The following can be attached to the claim:

administrative offense protocol;
papers confirming the presence of health problems;
other documentation that may be useful (eyewitness accounts, receipts for payment for medications or treatment).

Additionally, you can obtain a copy of your medical history and anamnesis.

All of the above papers can be submitted to the court as evidence by attaching them to the claim.

When figuring out what amount of moral damage can be calculated for average harm to health, you need to take into account that the value of the indicator is individual in each specific case. On average, a victim can count on compensation in the amount of 20,000-50,000 rubles.

Moral damage in an accident with minor damage to health

According to the rules, minor injuries are considered to be minor loss of ability to work. The category includes:

bruises;
abrasions;
other minor damage.

The court requires proof of moral suffering. To do this, you need to seek medical help. Then you need to collect a package of documents and obtain an independent expert’s opinion. All papers must be attached to the claim and submitted to the court. The amount of moral damage in a minor accident is also not defined by law. Usually the compensation amount is 1000-20000 rubles.

Moral damage without victims

In practice, road accidents do not always result in injury. However, the victim may experience shock from the very fact of the car collision. Therefore, causing moral damage in an accident without causing harm to health also allows you to receive compensation.

However, proving the fact of injury will be problematic. The law does not regulate this process. Experts advise doing the following:

Carry out registration of an accident in accordance with the norms of clause 2.6.1 of the Traffic Regulations of the Russian Federation . The process must be carried out with the involvement of traffic police officers, even if only property is damaged. The victim must draw the attention of the inspectors to his well-being.
Conduct a technical examination of the vehicle.
All victims should seek medical attention to confirm that the accident has affected their moral well-being.
Undergo an independent examination that will help assess what harm was caused to health.
Prepare documentation, including in the list of papers confirming the costs of treatment, and initiate proceedings.

The demand for compensation for moral damage can be included in the claim sent to obtain payment for damage to property, or sent as a separate statement. You should not expect to receive large compensation. Today in the Russian Federation there are no legislative norms regulating the amount of compensation required. However, practice shows that the size of the payment will be symbolic.

As a result of an accident, serious harm can be caused to a person's health. According to the rules, signs of this are:

harm dangerous to human life;
loss of vision, speech, hearing or any organ or loss of organ functions;
abortion;
mental disorder;
drug addiction or substance abuse;
permanent facial disfigurement;
significant permanent loss of general ability to work by at least one third;
complete loss of professional ability to work.

Severe injuries can lead to the fact that a citizen will spend a long time in a medical institution and will not be able to independently protect his interests during the proceedings. A person can transfer such a right to another person by issuing a power of attorney ( Article 185 of the Civil Code of the Russian Federation ). The following must be provided as supporting documents:

conclusion of the medical commission;
medical examination certificate;
a certificate confirming or refuting the presence of alcohol intoxication;
protocol;
testimony of witnesses recorded in writing.

The process of collecting compensation is carried out in accordance with the classical scheme. The payment amount can reach up to 100,000 rubles.

Recovery of moral damages in a fatal accident

If a victim dies as a result of a car accident, close relatives must go to court. The collection algorithm does not differ from the classic one. The citizen must prepare an application using a sample claim for compensation for moral damage in a fatal accident, and attach papers confirming the fact of the presence of moral suffering. Experts advise attaching the following documents to the application:

documents confirming the fact of relationship with the deceased;
paper certifying the fact of death;
documents confirming the fact of the applicant’s moral suffering.

Then you have to go to court and wait for a decision. The amount of compensation is determined individually.