Minor injury to health in a road accident compensation amount

How to receive payment for personal injury in an accident under compulsory motor liability insurance? Table and calculation

The legislator, as you probably know, guarantees compensation not only for property, but also for personal damage in the event of an accident. This is the damage caused to the health and life of victims in a car collision. The procedure for receiving payment for health damage under compulsory motor liability insurance is determined by the legislation on motor vehicle insurance quite clearly and clearly. The obligation to compensate for it rests with the insurer who sold the policy to the person responsible for the accident - you cannot receive money through direct compensation, that is, by contacting your insurance company. How injury to health is compensated under compulsory motor liability insurance and how to receive payment of compensation, as well as a table of injuries and an example of calculation, we will consider in this article.

How is compensation for health damage under compulsory motor liability insurance in 2019?

In a road accident, damage can be caused not only to cars and other property of the parties, but also to the health/life of drivers. It is also subject to compensation through compulsory motor liability insurance - the life and health of the injured party are also insured, but the maximum amount is higher than for property damage and amounts to 500 thousand rubles.

In general, health insurance compensation for the victim within the specified amount, according to Art. 1085 Civil Code, clause 2, art. 12 Federal Law No. 40, covers 2 main expense items:

under compulsory motor liability insurance, the costs incurred to restore the victim’s health are covered first,
The payment must also be for earnings lost as a result of an accident.

Thus, among such expenses for correction after an accident, the totality of costs for:

treatment and purchase of medications to restore health damage;
special food;
rehabilitation activities and outside care;
Spa treatment;
prosthetics, professional retraining and other costs associated with the recovery of a victim in an accident.

Lost earnings are the second component of payment under compulsory motor liability insurance for injury to health. According to clause 4.3 of the OSAGO Rules, it is calculated as a percentage of the average monthly earnings of the injured party received before the injury, and equal to the degree of loss by the injured party of professional, and in the absence of it, general ability to work.

The degree of loss of professional ability to work is defined as the ability to continue to perform professional activities that preceded the accident, of the same content and to the same extent, expressed as a percentage from 10 to 100%. Determined according to the Rules approved by Resolution of the Ministry of Labor No. 56 of July 18, 2001.
The degree of loss of general ability to work is also determined as a percentage, but depends on the severity of the injury received in the incident. Determined in accordance with the Table of the Order of the Ministry of Health No. 194N dated April 24, 2008.

For example, a severe traumatic brain injury can lead to from 40 to 60% of the loss of total working capacity, and it is precisely this share of the average income before the injury that the victim can claim from the insurance company as compensation for lost earnings.

If not for one “but”!

Payment calculation rules

The fact is that Government Decree No. 1164 approved the Rules for calculating insurance and the table of payments for compulsory motor liability insurance for damage to health. And according to them, the calculation of the amount of health insurance is somewhat different from the basic rules that are defined by Federal Law No. 40.

Initially, the calculation of the insurance payment is carried out precisely according to this procedure, which determines the amount of payment as a percentage of the maximum insured amount, determined depending on the severity of the damage caused to the victim in an accident. Each injury has its own percentage in the table.

For example, a broken nose in an accident requiring surgery allows you to claim 10% of the compensation amount, that is, 50 thousand rubles (500,000 * 10%), and removal of part of the lung - 40%, that is, 200 thousand rubles. If various health injuries are received, considered in the table as independent injuries, the percentages are summed up until they reach 100%.

Health harm table

In the table below, current for 2019, we provide a list of some common injuries that can be sustained as a result of an accident and the corresponding percentage values, with the help of which you can independently calculate the preliminary amount of payment under compulsory motor liability insurance.

Nature of health damage

Amount of insurance payment as a percentage of 500,000 rubles

3-5% depending on the duration of treatment

7-15% depending on the duration of treatment

Spinal injury with surgery

Damage to 1 eye

5-10% depending on damage

Damage to the ear

Complete lung removal

5-20% depending on the number of teeth

Traumatic injury to the digestive organs

5-50% depending on the degree of damage and the specific organ

5-40% depending on the degree of burn, skin coverage and body part

Muscle and tendon rupture

5-15% depending on the number of tendons or muscles and their location

Traumatic amputation of hands and their parts

from 3% (part of the nail phalanx) to 60% (loss of the arm up to the scapula/clavicle)

Damage to the pelvis, hip joint

Lower limb amputation

from 5% (part of the nail phalanx) to 50%

5-10% depending on the nature of the bleeding and the amount of blood lost

But the indicated amount is not final. According to paragraph 4 of Art. 12 Federal Law No. 40, if the calculation of compensation for health damage under compulsory motor liability insurance according to the specified table turns out to be less than the total amount of expenses for restoring health and lost earnings, the insurer will reimburse these expenses and lost earnings additionally. But only on the condition that the victim documents that he needed help, for which expenses were incurred, and that he actually had lost earnings.

The amount of such compensation will be equal to the difference between the original payment and the amount of restoration costs + lost earnings. For example, if the amount in the table is 100 thousand rubles, and expenses + lost earnings are 180 thousand rubles, the insurance company will have to pay an additional 80 thousand rubles.

A similar procedure for calculating additional insurance payments is provided in the event that the victim is subsequently assigned a disability group. According to clause 5 of the Calculation Rules, the amount of insurance depends on the disability group:

100% of the insured amount – I disability group or assignment to the category of disabled child;
70% – disability group II;
50% – III disability group.

The figure originally calculated from the table is subtracted from the indicated amount, and the difference is reimbursed as an additional payment.

What if the amount of damage caused is greater than the insurance coverage?

In cases where the maximum insurance amount of 500 thousand rubles does not fully cover the damage caused to the injured party, the insurance company pays only the specified 500 thousand - the victim has no right to demand more from it.

However, the difference over 500 thousand rubles can be compensated by the cause of the damage - the direct culprit of the accident. According to Art. 1072 of the Civil Code, the perpetrator is obliged to fully compensate for damage to health in an amount that is not covered by insurance.

He can do this voluntarily - to do this, contact him personally, orally or in writing, with the appropriate requirement. If compensation is denied, seek redress through the courts by filing a claim against the tortfeasor.

The claim can be filed both in the court at the place of residence of the culprit of the accident, and in the court at the place of residence of the victim or at the place of the accident (Clause 5 of Article 29 of the Code of Civil Procedure). For these claims, plaintiffs are exempt from paying state fees (clause 3, clause 1, article 333.36 of the Tax Code).

Moreover, according to Art. 1100 of the Civil Code, the victim has the right to compensation for moral damage, since the harm was caused to him by a source of increased danger.

Who gets reimbursed?

Initially, insurance compensation for health damage under compulsory motor liability insurance is paid exclusively to the party injured in the accident.

But if the victim died in an incident, the right to payment of compensation arises for other persons in the event of the loss of a breadwinner (Article 1088 of the Civil Code, paragraph 6 of Article 12 of Federal Law No. 40), including:

disabled dependents of the deceased (for example, minor children or adults in training);
children born after the death of the breadwinner;
parents, spouse and other non-working family members of the deceased, if they are caring for young children, grandchildren, brothers or sisters who were dependent on the deceased.

Who pays the compensation?

The obligation to calculate payments under compulsory motor liability insurance for serious, moderate or light harm to health and make them in favor of the injured party, in accordance with paragraph. 2 p. 1 art. 12 Federal Law No. 40, is assigned to the insurance company that sold the insurance policy to the culprit of the accident.

But there are cases when such a person violates his insurance obligation and does not have a valid MTPL policy at the time of the collision. In this case, the victim cannot obtain insurance, even if he himself has a valid policy.

But in return, he receives the right to a compensation payment in the same amount as the insurance (subclause g, clause 1, article 18 of Federal Law No. 40). The obligation to transfer such payment rests with the professional association of insurers (Article 19 of Federal Law No. 40), the functions of which in the Russian Federation are performed by the Russian Union of Auto Insurers - RSA.

How to receive payment? Instructions

The algorithm of actions that a victim must perform to receive payment for damage to health includes a number of mandatory steps starting from the moment of the accident.

The injured driver must:

As soon as possible, notify the insurer of the occurrence of an insured event (clause 3.9 of the OSAGO Rules).
Collect documents on compulsory motor liability insurance confirming harm to health and the amount of lost earnings - more about them below.
Submit an application for compensation for health damage under compulsory motor liability insurance and a set of documents to the insurance company of the person at fault for the accident. First, you must obtain the details of his insurance policy and agreement with the insurance company from the person at fault for the accident. Documents must be sent by registered mail with acknowledgment of receipt and a list of attachments, or handed over in person with a note on the copy of the application for its acceptance. The most important thing here is to have evidence of submitting a complete set of documents. The initial application must be submitted within 5 days from the date of the collision. Other documents can be submitted later.
Submit additional documents about harm to health, expenses incurred for treatment, and lost earnings.
Receive the insurance compensation amount to your bank account. The insurance organization must transfer the money within 20 days from the date of receipt of the application (clause 21, article 12 of Federal Law No. 40).
If the specified period is not met, the victim has the right to collect a penalty in the amount of 1% of the amount of compensation for each day of delay. Payment of such an amount is carried out on the basis of an application (claim) to the account specified by the applicant.
If the insurer does not respond to the application within a reasonable time, does not pay the insurance amount and the amount of penalties, the victim must apply to collect them from the financial ombudsman, and in case of a negative decision of the latter, to the court. The claim is filed at the place of residence of the applicant. He is also exempt from paying state duty if the size of the claim does not exceed 1 million rubles.

Documents for compensation for health damage under compulsory motor liability insurance

To compensate for damage to health under compulsory motor liability insurance, the applicant submits to the insurance company of the person responsible for the accident the documents specified in clauses 3.10, 4.2-4.7.6 of the Compulsory Motor Liability Insurance Rules. Depending on the situation, this may include:

application for insurance compensation in the established form;
a notarized copy of the passport;
bank details for transferring money;
a copy of the protocol, resolution, determination of the traffic police;
a medical report from the hospital where the victim was treated with a list of injuries received and the treatment methods and interventions used;
conclusion of the medical examiner on the degree of disability;
a certificate issued by an ambulance confirming assistance at the scene of the incident;
a certificate from the victim’s work indicating the average earnings or other documents confirming it;
extract from the medical history;
receipts for payment for medical services, medicines, medicines, prosthetics, special meals, spa treatment, third-party care and other medical expenses;
agreement for educational services for professional retraining, and so on.

Table of payments for personal injury under compulsory motor liability insurance (draft)

The procedure for making insurance payments under the contract of compulsory insurance of civil liability of vehicle owners in the event of harm to the health of the victim as a result of a traffic accident.

The proposed option for determining the amount of insurance payment under compulsory motor liability insurance in connection with harm to life and health is given. This procedure will come into force after the amendments to the MTPL Law come into force.

Amendments to the Law on Compulsory Motor Liability Insurance regarding an increase in insurance amounts for damage to life and health and the transition to fixed payments depending on the nature of the injury come into force on April 1, 2015.

At the same time, the new amount and procedure for payments will apply only to those MTPL agreements that were concluded after April 1, 2015 .

This procedure determines the standard conditions in accordance with which insurance payment is made to victims in the event of injury to health as a result of a traffic accident under a compulsory insurance contract for civil liability of vehicle owners, namely, the amount of insurance payment to compensate for the damage caused to health, the timing and phasing of insurance payments to the victim.

The amount of payment is determined depending on the severity of damage to health caused as a result of a road traffic accident (hereinafter referred to as the accident) and the consequences of harm to health caused by the accident (outcome), and also takes into account the additional costs of treatment incurred by the victim, including rehabilitation treatment, purchase of medications, additional nutrition, prosthetics, orthotics, outside care, sanatorium treatment, if it is determined that the victim needs these types of assistance and is not entitled to receive them free of charge.

Minor injury to health in an accident compensation amount practice

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.

Moral damage in an accident and its recovery

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

Pre-trial agreement In the event that a criminal case is opened against the culprit of the accident, the victim must seek compensation for moral damage within its framework.

Minor damage to health in an accident

Judicial practice in Russia The practice of collecting material damage from the culprit of a traffic accident in favor of the victim has not yet become widespread in the Russian Federation. Accordingly, court decisions do not differ in diversity.

The amount of compensation, as a rule, varies from one to one hundred thousand rubles:

Causing minor harm to the health of the victim: from 1 to 20 thousand rubles.
Causing moderate harm: from 20 to 50 thousand rubles.
Causing serious harm to health: up to 100 thousand rubles.
Causing death to the victim: calculated individually.

Achieving compensation for moral damage caused is a rather troublesome and complex matter, but quite realistic.

Damage to health in an accident

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.

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.

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

Let's give a simple example: a citizen uses his personal car to provide transportation and loading services for various things. After an accident, a citizen received a dislocation or damaged several fingers on his hand (or whatever) and cannot carry heavy objects or drive a car, therefore he cannot earn money for a living.

In this situation, he needs to present to the court:

All contracts for the last reporting period related to its activities;
All commercial offers for the future regarding the provision of services to third parties;
Other financial documents directly related to its activities;
Calculation of the amount of losses incurred by a citizen during the period of treatment.

If you correctly collect these documents, you will be able to recover all the profits you lost from the person at fault for the accident.

Compensation for moral damage in case of an accident

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.

Compensation for moral damage in case of an accident

Justifications for a claim for compensation for health damage When submitting your own claims for compensation for damage to health, you need to prepare justifications. They will have to be presented during the trial to formally confirm the legitimacy of the wishes. What will it take?

Confirm the status of the victim in an accident;
Present the results of the medical examination;
Certificates from the hospital and receipts for medicines.

Based on the provisions of the current legislation of the Russian Federation, photographs and video materials cannot be presented as evidence, but they can be indicated. They will not be attached to the paperwork, but will provide additional justification. Recommendations for victims Victims believe that the insurance company will meekly transfer the money required for rehabilitation after an accident.

Compensation for moral damage in case of an accident

As a result, a claim is drawn up, which must be attached to the beginning of the paperwork. The procedure for compensation for damage to health in an accident The procedure for compensation for injuries received is not so complicated. Some people believe that they can manage without a professional lawyer, but they are very mistaken. You can list the main stages in order to then indicate the most difficult moments.

Collection of necessary documents;
Filing a claim in court;
Presentation of evidence and testimony;
Receiving an official decision.

Lawyers know the procedure well, so they manage to go through the steps correctly.

Does compulsory motor insurance compensate for harm to health?

Judges rarely make decisions on large amounts of compensation (more than 10-50 thousand rubles). Payment amounts of several hundred or millions of rubles are recovered when severe injuries or even death of the victim are caused. During the process, the court analyzes the following to determine the amount of compensation:

the health status of the victim;
the amount of treatment and recovery costs;
the financial situation of the defendant;
family circumstances of the parties;
obligations to third parties;
investigation materials into the causes of the accident.

The list is not exhaustive. The infliction of moral damage in an accident in the form of lost profits is not taken into account, as in the case of compensation for material damage. If the amount of payments determined by the court does not satisfy the party (plaintiff/defendant), then it can be challenged during the appeal.

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.

Compensation (payments) for serious injury to health in 2019

We are pleased to offer our readers new material. In it we will tell you what compensation for serious injury to health and moral damage in an accident is. In what cases and under what circumstances can appropriate compensation be obtained? Is it necessary to go to court, is there a state fee? We will try to detail all these questions within the framework of this article.

The consequences of an accident usually come as a surprise. It is difficult for victims to cope with the difficulties that arise, especially when it comes to serious physical and moral trauma. Compensation for harm to health is one of the measures that can somewhat minimize the negative consequences. Let's talk about the possibility of her appointment.

Promotion. Legal consultation 2500 rubles FREE until December 21

General concepts

Severe damage – negative consequences that occurred for individual organs, the entire body system and caused complete/partial loss of ability to work. It can occur as a result of an accident. The severity is determined by experts from government medical institutions.

An accident is an incident on a road, parking lot, or parking lot, which is a collision of two or more cars and is the result of a violation of traffic rules and other factors. Injured participants have the opportunity to receive financial compensation, but for this, the vehicles must be insured.

Determination of severity

Injuries resulting from road accidents are damage of varying degrees of severity. There are three of them: light, medium and heavy. To determine this circumstance, the following factors can be used:

impact on later life (temporary impairment or disability);
duration of the disease, deviations;
the degree of impact of injury on the ability to work;
loss of an organ, cessation of its functioning;
the opportunity to continue professional activities.

The full list of factors used to determine the degree is contained in Order of the Ministry of Health No. 94, dated October 24, 2008.

Mild degree

Minor harm is a short-term impairment that causes short-term loss of ability to work. Its signs may include a concussion or disruption of the body’s functioning, loss of activity for up to 20 days.

Art. 12 of the Code of Administrative Offenses defines the criteria for determining the degree of consequences.

Average harm

Injuries in this category are characterized by longer-term disability, lasting from 21 days. They occur as a result of a moderately severe concussion, incapacitating more than a third of the functionality.

Attention! In case of serious injury and death, an investigation is provided with all the ensuing consequences.

Serious harm

Serious harm may be the cause of intentional actions, then the punishment follows under Art. 112 of the Criminal Code. In case of an unintentional incident, the measure is determined by Art. 111 of the same code of laws. Let's define the criteria that determine the highest damage:

inability to work for more than 120 days;
cranial fracture, damage to the facial and occipital bones;
rib fractures;
injuries, hemorrhages in internal organs;
spinal injury;
loss of an organ, functionality of the body system (loss of vision, hearing, kidney);
abortion;
penetrating wound of the neck, head, abdominal area;
mental disorder.

Important! For physical harm and moral damage, the injured applicant is entitled to compensation.

Compensation for personal injury in 2019

The culprit of the accident is the person who bears responsibility for the consequences of the accident. In some situations, it is imposed on the owner of the car, who instructed (permitted) to drive the car. But the owner is completely exempt from the consequences if his vehicle is listed as stolen.

We remind you! You can have your situation assessed by a lawyer - it's free! Call!

Punishment for harm

For mild to moderate injury inflicted on other participants, the culprit may be subject to a fine of 2,500-25,000 rubles. Also faces deprivation of rights for 1-2 years. The situation is more serious with serious harm. Consequences and responsibilities:

Drunkenness + negligence = imprisonment for up to 4 years/forced labor for up to 3 years.
A fatal outcome entails deprivation of will +/removal from office.
In case of intentionally causing serious consequences, a maximum penalty threshold of 15 years in prison can occur.

How compensation is determined

To receive compensation for damage caused to health in an accident, you need to prove the origin of the injury. A certificate from the scene of the incident and medical reports will be required. If there have been losses of property, then ownership of it is confirmed.

In the event that property is damaged, the damage is covered by the insurance company of the culprit. According to the rules in 2017, if the actual losses are greater than the maximum amount under compulsory motor liability insurance, the missing amount is covered by the guilty party.

Compensation includes the following components:

Covering lost income, taking into account business income, profit from temporary and permanent employment.
Reimbursement of actual expenses for treatment, rehabilitation and restoration activities.

Attention! Moral damage is a difficult circumstance to prove, which requires confirmation by medical personnel who witnessed the accident.

How is the amount calculated?

When assigning compensation, real costs are taken into account, in particular the cost of operations, rehabilitation measures, and medications. The amount claimed by the applicant in the claim may be compensated partially or in full. The court approves the payment amount based on requirements, documentary evidence and testimony.

The amount of actual costs is taken into account. You should save all receipts, receipts for purchased drugs, paid for services.
Commensurability of material damage with moral damage. When asking for 15,000 rubles for treatment, the amount for moral recovery of 100,000 rubles is clearly too high.
Lost earnings are calculated based on the average monthly earnings. Ability to work is taken into account. If the loss is partial, there will be no full compensation.
Lost income includes all types of income (main place, temporary work, entrepreneurship). If there was an increase before the accident, there was a highly paid project, a qualitative improvement in the standard of living was expected, new indicators would be taken into account (even if the applicant had not yet received an increased rate).
If the injured party has a disability pension, then this income is not deducted for compensation for lost benefits. The amount is not reduced by the amount of profit received after injury.

On a note! Compensatory non-taxable income is not taken into account when calculating compensation.

Judicial practice on moral compensation

A claim with a corresponding requirement can be filed during the criminal process. If an application was not submitted during this period, then the optimal moment for filing it will be the period of sentencing and admission of guilt. Appeals from the victim himself and his relatives are considered for the presence of psychological trauma caused by injuries, fear, and other negative aspects of the accident.

It happens that the court decides the right to sue. This means that the case has not been considered and is subject to postponement. The interested party will have to submit the corresponding application again. With this option, you will have to independently prove the guilt of the party from whom the amount is recovered.

An application for moral benefits submitted at the trial stage will relieve you of the need to prove guilt. In criminal proceedings, this is the prerogative of the prosecutor’s office and other authorized bodies.

Implementation of a court decision

The guilty party is obliged to pay compensation to the injured party by a court decision. Voluntary as well as compulsory compliance with the requirements is provided for. As judicial practice shows, it can be difficult to do without the participation of bailiffs, since the defendant is rarely in a hurry to part with money.

As part of the proceedings, the accounts of the culprit of the accident may be arrested and his property confiscated. In cases where a person’s freedom is limited, writs of execution are sent to the place where the sentence is served. Funds to cover debts are collected from all types of earnings, including pension and salary income.

Attention! The maximum that can be recovered from earnings to cover damage to health is 70% of earnings. The standard threshold is 50%.

The amount of damage in court is established taking into account the requirements of reasonableness, fairness, degree of harm and depends on each individual situation.

Current questions and answers

Question: When calculating an entrepreneur’s lost profits, do they take into account some standard tariff or real income?
Answer: In this case, the data submitted by the entrepreneur in the tax return is used.

Question: At the time of my injuries in an accident, I was not employed.
There was no income, there will be no refund? Answer: In this case, compensation is calculated based on the level of earnings at the last job. The minimum wage indicator can be used.

Question: What will be the state duty if the claim amount is 500,000 (moral damage)?
If the decision is satisfied, will the defendant compensate for these costs? Answer: For claims related to compensation for health damage, there is no charge of state duty.

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Minor injury to health in an accident: compensation, amount, practice

Home » Collection of funds » Minor injury to health in an accident: compensation, amount, practice

What is moral damages

Almost everyone knows what the concept of “material damage” means. But moral harm should be dealt with. When a person’s non-material benefits are damaged, he experiences physiological and psychological suffering. That is, we are talking about moral damage.

Intangible benefits are a person’s health and life, his reputation in certain circles, honor, the right to privacy, copyright, etc.

If a traffic accident occurs, a person suffers not only material, but also moral damage.

Moral damage in case of an accident consists of:

in causing damage to the physical condition of the victim;
a person cannot continue working after an accident;
there is a psychological trauma;
The accident results in severe and/or prolonged physical pain.

Note! If the factors described above or other similar consequences of an accident are present, the victim has the right to demand compensation for moral damage.

After an accident, I was sued, what to do, read here.

What harm to health is considered minor?

Minor damage to health is one of the most harmless types of damage.

According to Art. 12.24 of the Code of Administrative Offenses of the Russian Federation, light damage is a short-term loss of a person’s health and ability to work.

Signs of this type of damage are:

occurrence of health problems (up to 3 weeks);
mild concussion;
temporary disability (for up to 20 days).

Abrasions, bruises, and scratches do not count as light damage, since as a result of their occurrence a person does not lose his ability to work - he can go to work, and sick leave is not issued for this reason. In the case of such injuries, we can only talk about moral damage.

Compensation for moral damage to the victim

When a victim of an accident wants to receive compensation for moral damage, he cannot be guided by legislative acts regarding the amount of compensation.

The fact is that the exact amounts are not specified in the laws. It turns out that a person can demand compensation as he sees fit.

But this does not mean that he will receive exactly this amount. The court may refuse to fully satisfy the applicant's claims. In this case, the plaintiff will receive only part of the requested amount. How long this will be is not known exactly.

Since there are quite a lot of similar cases in judicial practice, certain standards have been developed.

Important! In most cases, the amount of compensation for minor damage to health is up to 25 thousand rubles.

Grounds for collection

When an accident occurs, an accident or any other incident occurs, as a result of which a person suffers physical and psychological suffering, he has the right to compensation for moral damages.

Please note that in cases of road accidents, only the participant who is not the culprit of the incident can demand compensation for moral damages.

The injured party itself decides whether there is a need to compensate for the moral damage that was caused at the physical and psychological level.

The basis for satisfying a claim related to the protection of the injured party and compensation for damage is the provisions of Art. 151 Civil Code of the Russian Federation.

Circumstances in the presence of which the court will satisfy the claims:

A sufficient amount of evidence of the accident has been presented (Article 1079 of the Civil Code of the Russian Federation);
A claim for compensation for moral damage was received from the injured party;
There is evidence that there were no force majeure circumstances during the accident, and the defendant’s guilt is undeniable (Article 1083 of the Civil Code of the Russian Federation). It may happen that the victim himself specifically influenced the events, for example, he wanted to commit suicide.

Watch the video. Damage to health in an accident and the procedure for compensation:

Filing a claim in court

Sometimes the parties to the incident themselves agree on compensation for damage. But if this does not happen, you should go to court. The plaintiff can be the victim or his lawyer.

In this case, a claim for compensation for moral damage is drawn up.

What the court's decision will be depends to a large extent on how competently and in detail, with reliable evidence of the defendant's guilt, the statement of claim will be drawn up.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

There are certain requirements for the content of the statement of claim.

In particular, the claim for an accident contains the following information:

Description of the incident in detail;
Passport and personal data of the participants in the incident, information about the vehicle: make, model, registration number;
Information about the events that occurred after the accident (hospitalization of the victim, examination by a forensic expert of the injuries received by the person in the accident, what treatment was received, whether there were surgical interventions, etc.). It is mandatory to specify the dates, personal data of the actors, names of institutions, numbers of certificates, documents, and forensic expert opinions;
What expenses did the victim incur as a result of the accident (exact amounts supported by documents are required);
Confirmation of causing moral harm to the victim. Description of this harm;
The amount of compensation required, as well as other requirements for the culprit of the accident;
List of documents that are evidence of certain facts (attached to the statement of claim).

The statement also provides links to current articles of the law. This confirms the legal literacy of the plaintiff.

Required documents

If the victim wants to receive exactly the amount he wrote about in the application, he will need to provide good evidence. It will confirm the fact of causing moral harm.

This base is:

The results of the examination of the victim by forensic experts;
Extracts from medical documents related to treatment after the accident;
Conclusions of doctors - narrow specialists;
Financial documents confirming treatment costs;
Eyewitness testimony.

State duty

When a person goes to court with a claim for compensation for moral damage, he will need to pay a state fee. Its size is 200 rubles.

Such a state duty is paid in case of compensation for non-property damage (Article 333.19 of the Tax Code of the Russian Federation).

Such calls occur when the victim suffered minor injuries, or if no one received injuries or other damage as a result of the accident.

Disabled people who are victims of an accident do not pay state duty when filing such a claim in court (clause 2, clause 2, article 333.36 of the Tax Code of the Russian Federation). In this case, neither the amount of compensation required, nor the type of accident, nor its outcome matters. WWII veterans can count on similar benefits.

Calculation of the payment amount

If you yourself cannot determine the amount of harm caused, contact experienced lawyers. This is their job, so they will cope with this task easier than you.

Since this service is paid, if you cannot pay for it, do the calculations yourself. To do this, we advise you to familiarize yourself with various cases from judicial practice.

When calculating the amount of compensation, we must not forget about the suffering that victims experience after the accident. Especially when it comes to losing the ability to work. The physical component must be taken into account.

To be more competent in matters of compensation for moral damage, read Article 151 of the Civil Code of the Russian Federation. Knowledge of the law will also help in determining the amount of compensation.

Arbitrage practice

Such a case is known from the practice of the Babushkinsky Court. Citizen N., while driving a car, turned at the wrong traffic light and crashed into a car driven by citizen K.

As a result of the collision and hitting his head on the dashboard of the car, a large hematoma appeared on the man’s head. For some time he felt severe headaches.

The court, having considered the victim’s statement, recognized that as a result of the accident, citizen K. suffered minor harm to health.

In addition, we were talking about compensation for moral damage. As a result, citizen N., by court decision, compensated the victim for damages in the amount of 30 thousand rubles.

Watch the video. Compensation for material and moral damage:

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