Average damage to health in an accident liability

Judicial practice of payments for causing harm to health of moderate severity

An accident always entails serious legal consequences. In one case, the culprit of the accident faces administrative liability, in the other – criminal liability. Sometimes you can get by with a fine, but in some situations the culprit has to fully compensate not only the cost of restoring the car after an accident, but also the damage caused to the health of the injured party. Those responsible for road accidents have the most questions when damage of moderate severity is caused.

Moderate harm

The main signs of moderate harm include:

damages and injuries that are not life-threatening (this includes a moderate concussion);
temporary disruption of the normal functioning of organs and systems of the body;
long-term health disorder – over 21 days.

Liability for causing moderate harm to health in an accident

There are three types of liability that arise in the event of personal injury in an accident:

civil liability

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about administrative liability when the accident caused damage to both cars and human health. Implies payment of a fine to the traffic police, as well as deprivation of a license, for example, deprivation of rights for fleeing the scene of an accident

Criminal liability arises if the accident caused serious harm to human health or death. Implies imprisonment.

Administrative responsibility

The average severity of injury to health in an accident entails civil or administrative liability, but if the accident ends in death, then criminal liability begins.

If we talk about administrative liability, then as a punishment the driver will be deprived of his driver's license, but for a period of no more than 24 months. In some cases, the court awards an administrative fine to the culprit of the accident. This happens when the victim has not suffered too much damage. If after an accident one of the victims died, then we will be talking about criminal liability.

When causing moderate harm to health, the basis for punishing the culprit of the accident is Article 12.24 of the Code of Administrative Offenses of the Russian Federation.

As judicial practice shows, in most cases the perpetrators of road accidents, due to which the injured party received injuries of moderate severity, are punished:

a fine, its size ranges from 10 to 25 thousand rubles,
compensation for moral and property damage,
deprivation of rights for two years.

Determining the amount of damage to the victim

When determining damage to health, the monetary equivalent is used and contains the following components:

cost of inpatient or outpatient treatment;
cost of rehabilitation treatment;
the cost of a taxi when traveling to a medical facility;
the cost of medications used to treat the victim.

Compensation for damage of moderate severity

Responsibility for causing harm occurs only when the actions of the perpetrator of the accident can clearly trace the signs of an administrative offense or a crime that is criminally punishable. In both cases, the culprit of the accident is obliged to compensate for the damage caused.

Russian legislation clearly states that compensation for moral damage occurs regardless of the degree of guilt of the perpetrator of an accident, but is carried out only when actual damage has been caused to the victim’s health. The amount of compensation depends on the decision of the court, which will carefully study all the circumstances of the accident and interrogate witnesses, if any. The amount of compensation is also influenced by the degree of guilt of the driver who is found to be at fault for the accident. The court will analyze his actions, which caused the accident. The plaintiff can independently name the amount of compensation for moral damage to health, but this does not mean that the court will satisfy his demands. Having assessed all the circumstances, the degree of guilt and the severity of the damage caused, the court will determine the final amount of payments.

Arbitrage practice

The collection of compensation for damage to health of moderate severity during an accident is considered quite often in Russian courts. This can be partly due to the increase in the number of accidents on the roads. Most courts already have some form of policy for handling such cases. All citizens who were injured in an accident can file a claim for moral damages, provided that they were recognized as the injured party and no administrative measures were taken against them.

The plaintiff will be able to receive compensation for damage if he or his relatives were injured in an accident due to the fault of the second party. The receipt of compensation is not affected by which of the victims was driving. Everyone who was in the car will be able to count on payments for damage to health of moderate severity in an accident. The court will independently examine all the circumstances of the accident and only after that will make a decision, determining the amount of compensation for moral damage.

Punishment for road accidents with victims: criteria for establishing the severity of harm and liability

If people were injured as a result of an accident, the perpetrator may be held liable for damage to their health. Let us consider on the basis of what criteria such liability is established, and what it may be, taking into account the consequences of a road incident.

What are the criteria for determining the degree of harm to health?

Punishment for an accident with victims depends, first of all, on the severity of the harm caused to the health of the people injured. It is determined by an employee of a specialized medical institution who has the necessary powers.

There are the following categories of health damage caused in a road accident:

The main criterion for grievous harm is that a victim in an accident receives injuries that can be life-threatening or lead to a threat to human life. Such injuries include:

intracranial injuries;
closed organ injuries;
multiple fractures;
damage to large arteries and veins;
3rd and 4th degree burns.

The consequences of such injuries can be:

shock;
coma;
excessive blood loss;
loss of the ability to see, hear, speak;
mental trauma.

Moderate harm.

Its main criteria:

the presence of injuries leading to a long-term - more than 21 days - impairment of health that does not threaten human life;
partial loss of ability to work.

An example of an injury that may indicate moderate harm is a moderate cerebral contusion.

Its main criterion is a short-term health disorder, from 1 to 20 days. Examples of injuries in which minor harm to health is established are a fracture of the wrist bone, a mild concussion.

Let us now consider what liability is established by Russian legislation in relation to the culprit of an accident in which the health of other people is harmed to one degree or another.

Serious bodily harm in an accident: liability

Liability for an accident with victims in the event that their health is seriously harmed is determined not only by the severity of the injury, but also by the presence of mitigating and aggravating circumstances characterizing the actions of the culprit of the accident. A mitigating circumstance could be, for example, the immediate provision of assistance to the victim. Aggravating - committing an accident after drinking alcohol.

One way or another, in case of serious harm to health, the punishment is determined on the basis of the provisions of the Criminal Code. In accordance with Art. 264 of the Criminal Code of the Russian Federation, the culprit of an accident can be punished:

For causing grievous harm through negligence:

imprisonment for up to 3 years or forced labor for up to 2 years with possible disqualification (prohibition to engage in certain work activities) for 3 years;
arrest for 6 months;
imprisonment up to 2 years.

For causing grievous harm through negligence when committing an accident while drunk:

forced labor for up to 3 years;
imprisonment up to 4 years.

In case of deprivation of a person’s life due to negligence:

forced labor for up to 4 years;
imprisonment up to 5 years.

In case of deprivation of a person’s life due to negligence during an accident while intoxicated - imprisonment for a period of 2 to 7 years.

In case of deprivation of life of two or more persons due to negligence:

forced labor for up to 5 years:
imprisonment up to 7 years.

In case of deprivation of life of two or more persons due to negligence during an accident while intoxicated - imprisonment from 4 to 9 years.

In all of these cases, the penalty may be supplemented by disqualification for a period of 3 years - at the discretion of the judge, taking into account the circumstances of the incident.

If intent in the actions of the perpetrator is proven, then more stringent provisions of Art. 111 of the Criminal Code of the Russian Federation. For example, if grievous harm is caused, a prison sentence of up to 8 years is possible.

Moderate and minor harm to health in an accident: liability

Punishment for road accidents with moderate injuries is established on the basis of the provisions of the Code of Administrative Offenses of the Russian Federation. That is, criminal liability is excluded.

In accordance with Art. 12.24 of the Code of Administrative Offenses of the Russian Federation, the culprit of a road incident may be punished:

a fine of 10-25 thousand rubles;
deprivation of rights for 1.5-2 years.

Punishment for an accident with minor injuries is determined, as in the case of harm of moderate severity, on the basis of the provisions of Art. 12.24 Code of Administrative Offenses of the Russian Federation. In this case, sanctions are possible in the form of:

a fine of 2500-5000 rubles;
deprivation of rights for 1.5-2 years.

The punishment in both cases is determined on the basis of a protocol drawn up by a traffic police inspector after studying the circumstances of the incident. This protocol indicates that the actions of the guilty person are qualified as an administrative violation.

Let us now consider the features of receiving compensation for injury to health in a road accident by the injured person. These compensations are within the jurisdiction of civil law and are assigned regardless of the application of the provisions of the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation to the culprit of the incident.

Compensation for health damage: nuances

How compensation will be paid to the injured person depends on whether the person at fault for the accident has a compulsory motor liability insurance policy. If it is, then the injured person needs to:

Collect the necessary documents (a list of them is requested from the insurance company of the guilty party).

Submit a claim for compensation to the insurance company of the person at fault.

In cases provided for by law, it is possible to receive compensation not only for treatment costs, but also for lost earnings.

The maximum amount of compensation for health damage under the MTPL policy is 500 thousand rubles. If it turns out to be insufficient, then the excess amount is recovered directly from the guilty person - in accordance with the provisions of the Civil Code of the Russian Federation and the rules governing civil judicial proceedings. In the absence of a policy, the guilty person compensates for the damage to the victim in an accident on his own.

In a situation where the person at fault in an accident has not been identified (for example, if the driver who committed the accident escaped), then the Russian Union of Auto Insurers pays compensation. There you must present documents proving the harm caused and a statement in the prescribed form.

A separate mechanism for regulating the relationship between the culprit of an accident and the injured party is the conclusion of an agreement on compensation for harm. This is a two-sided document certifying:

the fact that the victim received the agreed amount of money from the perpetrator;
the fact that the victim has no claims against the perpetrator - due to receipt of monetary compensation.

Such an agreement is drawn up pre-trial.

Damage to health in an accident can be:

When it is applied, the punishment is determined according to the Criminal Code of the Russian Federation. The severity of the punishment is influenced by the presence or absence of intent and the fact that the accident was committed while intoxicated.

Punishment is determined according to the Code of Administrative Offenses of the Russian Federation - in the form of a fine or deprivation of rights.

Punishment is determined according to the Code of Administrative Offenses of the Russian Federation - in the form of a fine, less than for causing harm of moderate severity, or in the form of deprivation of rights.

Causing moderate harm in an accident

A traffic accident is an event involving vehicles and their drivers. The most common result of an accident is damage to vehicles of varying degrees, entailing material costs for the culprit to repair the victim’s car. There is also often a situation where victims receive severe, mild or moderate harm to their health in an accident.

Types and characteristics of injuries in road accidents

The right to determine the severity of harm caused to health during an accident rests with a doctor specializing in forensic medical examinations. This was established by Russian Government Decree No. 522 of August 17, 2007.

When determining the degree of severity, the health worker uses the following criteria:

The impact of the injuries received on the victim’s ability to work and on his ability to continue professional activities in the future.
The impact of injuries on the life of the victim in the future.
Duration of poor health.
Loss of any important organ (vision, hearing, musculoskeletal system, speech function) or its ability to fully function.

Causes of harm in road accidents are classified into 4 types:

with a fatal outcome - the victim of an accident dies at the scene of the accident, in an ambulance or in a medical facility;
causing serious harm to health - this group is characterized by 3rd or 4th degree burns, damage to an important blood vessel, multiple fractures (bones of the limbs, ribs), closed damage to internal organs, intracranial trauma, mental disorder, 3rd-4th degree shock, heavy bleeding;
causing minor harm - a short-term disruption of the basic functions of the body, accompanied by minor bodily injuries (small hematomas, bruises, abrasions, bruises);
causing moderate harm to health - characterized by a concussion (moderate degree), long-term disruption of key body functions (over 21 days), temporary loss of 1/3 of the ability to work (clause 2, Notes, art. 12.24, Federal Law No. 195 of December 30 2001).

Liability for causing moderate harm

The legislation provides for two types of liability for moderate harm to health in an accident: civil and administrative. Civil liability begins from the moment it is established that cars were damaged as a result of the accident, and administrative liability - if the victim received moderate injuries due to the accident.

Law No. 195 (clause 2, art. 12.24) of December 30, 2001 established the following administrative punishment for harm to health of moderate severity in an accident:

deprivation of a driver's license for a period of 18 to 24 months;
administrative fine in the amount of 10-25 thousand rubles.

Additionally, the culprit will need to compensate for material and moral damage suffered by the injured party. He can do this at the expense of the insurance company (if he has valid insurance) or from his personal savings (if there is no insurance policy).

Determining the amount of damage

If the culprit has a valid insurance policy, then the amount of damage for moderate damage received in an accident is determined by the insurance company. In the process of determining damage, the following points are taken into account:

whether the insurance payment will be able to completely cover the estimated profit (income from business activities, average salary) that the victim could receive during the period of treatment;
will the insurance payment be able to completely cover the victim’s expenses for treatment of moderate harm to health in an accident - the purchase of medicines, payment for procedures, medical staff services, treatment in a sanatorium.

If the person at fault does not have a valid insurance policy, then the victim has the right to independently determine the amount of damage received as a result of the accident and file a lawsuit in order to recover the amount of compensation from the culprit. The main thing is that the amount of the desired compensation payment is determined based on reasonable factors. Otherwise, the court will make an unsatisfactory decision in the case for the victim.

To receive compensation through the court for moderate harm in an accident, you will need to submit the following documents to the judicial authority:

a certificate from a medical institution confirming partial loss of ability to work;
financial documents (agreements for the provision of medical services, cash receipts, receipts, travel tickets) confirming the victim’s expenses for restoring health after receiving moderate injuries;
a certificate of income received for a certain past period - provided by the company where the victim works;
A protocol from the scene of the accident is drawn up by a traffic police inspector;
calculation of the amount of desired compensation.

Compensation for harm

Reference . Persons with or without Russian citizenship have the right to receive compensation for moderate harm received in an accident. This possibility is provided for in paragraph 3, article 18, Federal Law No. 40 of April 25, 2002.

The procedure for receiving compensation payment in case of an accident with moderate harm to health depends on two factors: the presence and absence of a valid MTPL insurance policy at the perpetrator. In each of the mentioned cases, the actions of the victim have several features.

Compensation for damage with an existing insurance policy

If the perpetrator has an insurance policy, then the victim can hope to receive compensation for the damage received at the expense of the insurer. To do this, he will need to prepare a package of documents and contact the insurance company that issued insurance to the at-fault driver.

The injured person should contact the at-fault party to find out information about their current insurance agreement and the insurance company that will be required to pay compensation for the damage received. Next, the injured person submits to the insurer an application for receiving insurance payments and a document about the accident that occurred (a copy of the accident report - drawn up by a traffic police inspector), about the amount of damage to health received (a doctor’s report after a medical examination and receipts, checks confirming payment for treatment).

The insurance company has the right to consider the victim’s application within a month. After this period, the insurer must make a decision to refuse or pay compensation for injuries of moderate severity.

Compensation for damage in the absence of an insurance policy

If the culprit who caused moderate harm to health in an accident does not have an insurance policy, then the victim, in order to receive compensation for the damage suffered (physical, moral), will need to file a lawsuit against the culprit. When going to court, you will need to provide the following package of documents:

statement of claim - written by the plaintiff in any form;
certificate (protocol) about the accident - drawn up by the traffic police inspector at the scene of the accident;
the conclusion of the medical worker who examined the victim about the latter’s state of health after the accident;
receipts, checks confirming payment for doctor’s services, medications, course of treatment;
certificates confirming the amount of income lost by the victim due to temporary disability after an accident.

Legal assistance

Each participant in an accident may be accused of provoking an emergency situation or may have difficulty collecting compensation for damage to health. In both the first and second cases, the participant in the accident will need qualified legal support from our specialists.

Advantages of legal support

The services of a lawyer provide a lot of advantages to a participant in an accident:

representing the client when communicating with a traffic police inspector;
protection of the client’s rights at court hearings;
assistance in calculating the amount of material and moral damage and preparing documents for collecting compensation from the perpetrator;
consulting support on issues of appealing a decision of a traffic police inspector or a court to find a citizen accused of causing an accident guilty.

We recommend that you draw up an agreement for legal assistance in a convenient way. This can be done by visiting our company’s office, making a phone call, or using the functionality of the organization’s official website.

Liability for causing minor and moderate harm to health as a result of an accident

The road is full of surprises and not always pleasant ones. Even an experienced car enthusiast cannot always avoid an emergency. According to statistics, almost every driver has been involved in a car accident at least once in his life. The consequence, which, as a rule, is a damaged car. Unfortunately, in addition to property losses as a result of an accident, there is often harm to the health of the participants in the incident, and often ordinary pedestrians or passengers, which is difficult to compensate in monetary terms, and sometimes is simply impossible.

How are the severity of injury caused in a road accident determined?

The range of the concept of “harm to health” can vary from a banal fright, without consequences for the psyche, to a fatal ending. Everything between the above categories is usually called damage to human health. Only expert research can determine the indicator and degree. The legislation provides for a procedure for conducting a forensic medical examination in such cases.

The two main requirements for its implementation include:

The assignment of the study is entrusted only to government agencies or specialized and licensed medical institutions.
The investigation is carried out only by written order of the official conducting the investigation or the court in which the accident case is being heard.

The concept of “harm to health” is defined both in scientific medical and legal literature. As a rule, this concept includes physical damage to the integrity of any human organ, as well as mental disorders associated with stress. Depending on how and how damaged the victim’s body is, experts make a conclusion about the severity of the harm caused.

The main criteria for determining the severity of injuries are the answers to three questions, namely: how life-threatening the injury is, whether full recovery from it is possible and how long it will take to fully restore health. Such an expert assessment affects both the type and extent of liability and the amount of compensation to the victim.

There are three degrees of severity of harm caused to health:

A serious degree of harm to health in a road accident is determined by injuries that pose a threat to life and are associated with irreparable damage to organs or loss of them. Also an important criterion is long-term loss of performance. Quite often, this type of injury leads to a person’s disability;
the average degree of harm to health in an accident is characterized by the presence of such injuries and damages in which a period of more than three weeks, but less than three months, is required for complete recovery of the body;
minor injury to health in a road accident is characterized by the presence of at least one of the determining factors: minor loss of performance and (or) short-term impairment of both physical and mental health.

When causing minor harm to health, minor loss of performance includes damage in which the body requires less than 21 days to restore normal functioning. Short-term disorders include, for example, bruises, abrasions, scratches, hematomas, short-term and life-threatening malfunctions of some organs and systems of the human body.

If disorders are caused by age, concomitant chronic diseases, incorrect or late treatment, then they are not classified as harm to health.

Types and amounts of liability for damage to health as a result of an accident

The person at fault in a car accident bears the burden of responsibility both for his own actions that do not comply with traffic regulations, and for the damage caused to another person.

That is, the use of coercive measures against the perpetrator resulting from harm caused by an accident can be divided into two types:

The obligation to be punished by sanctions according to the law for violating traffic rules.
The obligation to the person who suffered from the actions of the person who committed the offense to fully compensate for the damage.

The legislation provides for criminal prosecution of the culprit of an accident if the result of his actions is the death of an individual or harm to health as a result of acquired injuries, which makes the normal functioning of the body impossible for a long time, so-called serious injuries.

Those responsible are subject to administrative liability if, due to their actions, a person was not seriously injured. Civil liability arises in any of the above cases. In addition, the very fact of a car accident and the presence of a victim implies the onset of such liability. That is, even if the driver of the vehicle was not found guilty, a civil obligation to compensate for damage to human health will arise.

Punishment for causing harm to health of moderate severity in an accident, as well as for causing slight harm to the health of a person, is provided for by the norms of the Code of Administrative Offenses. Administrative norms do not provide for the initiation of a criminal case and the criminal prosecution of a person. However, depending on the degree of harm caused to health, the measures taken against the offender differ significantly. The difference primarily concerns the amount of fines and secondly, the possibility of losing the right to drive a car for a longer period.

Plus, in both the first and second cases, full compensation is provided for the person whose health was damaged. For minor damage to health in an accident, punishment is provided for by the civil code. Therefore, both with moderate and minor injuries, the injured person has the right to demand full material and moral compensation. However, the amount of compensation for causing moderate harm to health as a result of an accident is significantly higher than for causing minor harm. This is primarily due to the long period of time that may be needed to fully restore health, and also due to the fact that for such injuries, treatment is usually much more expensive.

In cases where there are aggravating circumstances, the amount of sanctions may be greater.

Such aggravating factors, for example, include:

the state of alcohol or drug intoxication of the at-fault driver;
repeated, recorded non-compliance with traffic rules within a year;
lack of a driver's license, including due to its confiscation for previous offenses.

Subject to the presence of mitigating circumstances, the amount of sanctions may be minimal.

Mitigating factors are factors that do not depend on a person’s behavior or depend on them, but characterize actions in a positive way:

car breakdown, if the driver complies with all instructions for the safe operation of the vehicle;
a sharp deterioration in the health of the person driving the car;
driver actions aimed at maximally avoiding an emergency situation and its consequences.

The owners of the car are exempt from any type of liability if the vehicle is stolen and the driver was a person who does not have the right to do so or the victim is another participant in the incident who was found guilty of the accident.

Damage compensation procedure

A victim of an accident can count on full compensation for the damage caused to him, unless it is proven that he deliberately provoked the situation in which he received injuries.

Compensation includes reimbursement of all costs associated with:

Providing treatment, including payment for medications, diagnostic and therapeutic procedures, consultations with specialists.
Carrying out rehabilitation procedures, including consultation with a psychologist, if necessary. After all, such a situation is stress for the nervous system and the consequences may appear much later.
Losses incurred due to inoperability.
Compensation for moral damage.

The procedure for compensation for harm to a person who has received minor injuries as a result of an accident involves pre-trial and judicial procedures.

A law-abiding and responsible driver will offer to pay and cover all losses. If the culprit of the car accident has insured his civil liability, the insurance company will pay for the damage. In this case, you must contact the insurer with a claim for compensation. To confirm the claims, you need to collect the necessary documents confirming the legality of receiving compensation.

Such documents include:

decision of an official or court on the guilt of the insured in an accident;
medical examination report on injuries sustained in an accident.

To determine the amount of compensation, you must provide evidence of payment for relevant medical services, including diagnostic and rehabilitation services, as well as checks and receipts confirming the purchase of medications.

Insurance payments do not provide for compensation for moral damages.

Insurance companies may be limited in the amount they can pay. This depends on the type of insurance or certain payment rules and may result in the amount of compensation being insufficient to compensate for all the damage caused.

In such a situation, you need to contact the person responsible for the accident in writing (registered letter with notification) with a proposal to enter into an agreement to pay the missing amount. The agreement must necessarily contain information about the parties, the reasons for concluding the agreement (reference to the fact of the accident and the legal right to compensation for damage), methods of compensation and deadlines. If the debtor, after concluding an agreement, does not pay or generally refuses to conclude it and compensate for damages, it is necessary to apply to the court with a statement of claim.

In the statement of claim, you can identify the at-fault driver as a defendant, or you can also identify the insurance company as a co-defendant if you believe that the insurers underpaid unreasonably. The statement of claim must include a justification for the right to receive compensation. Such justification includes a document confirming the fact of the accident, as well as an expert medical report on the injuries sustained. All claims for compensation for both material and moral damage.

The concept of total material damage includes:

All costs incurred by a person for treatment and restoration of health. This is confirmed by extracts from the medical history, receipts for payment for necessary consulting diagnostic, therapeutic, and rehabilitation procedures, receipts for the purchase of medications prescribed by a doctor.
All damage that was caused to material objects, if as a result of the accident, in addition to health, personal property was also damaged. For example, the victim was wearing expensive branded clothing at the time of the accident, which was damaged as a result. Compensation for the cost of the item can be added to the amount of the claim if there are documents confirming its value and the fact that it was damaged during the incident.
All lost profits associated with potential contracts or employment contracts other than the main job. Confirmed by providing copies of contracts valid at the time of the car accident, indicating the obligations of the victim to the employer.
Legal services if you need advice or assistance in the form of representation in court.

Compensation for moral damage is also provided for by the Civil Code. However, it is quite difficult to calculate the amount of emotional distress and suffering associated with injuries and damages. Typically, the statement of claim indicates the monetary equivalent in relation to material damage. But the court makes a decision in each specific case based on the individual characteristics of the case. As evidence of moral damage, it is possible to provide documents confirming contact with a specialist regarding stress, and testimony of witnesses will also be useful.

In order for the judge to satisfy the claim, the claims must be supported by documents that actually demonstrate the costs incurred, damages and lost profits.

Causing harm to health in an accident

Road accidents, unfortunately, have become an integral feature of cities. They pose a real threat to the life and health of both drivers and pedestrians.

The car is defined as a source of increased danger , so the driver bears responsibility for accidents. Before getting behind the wheel, he should check that all systems are working properly.

After all, for causing harm to health in an accident, the law provides for liability up to criminal liability.

How is severity determined?

Causing harm to health as a result of an accident entails trouble for the injured persons and the driver who was driving the car.

Various situations may arise on the road, and the ability to avoid an accident is not always entirely up to the driver. There are many factors that lead to an accident :

intoxication;
lack of rights;
car malfunction;
driver's health condition;
violation of traffic rules;
inattention and so on.

Every time a driver, while driving, runs the risk of unintentionally causing harm to the health of another person. In any case, he will be to blame for the accident.

However, the severity of the punishment will be minimal if he could not have avoided the accident . First things first.

There are only 3 types of injuries that participants in an accident on the road can receive:

Separately, there are cases where there is death. The severity of injuries caused is determined by a forensic medical examination.

The forensic expert examines the victim, records anatomical and physical injuries, and assesses the mental state.

There are certain criteria that help determine the nature of injuries:

the impact of injuries on later life;
duration of ill health;
impact of damage on work ability;
loss of any organ, cessation of functioning of the organs of hearing, vision, speech;
inability to continue professional activities.

Each of these criteria creates a certain degree of severity of harm caused to health. The full list is contained in the order of the Ministry of Health of the Russian Federation dated October 24, 2008 No. 194 .

Types of degrees

Determining the severity of the harm helps to punish the culprit and help the victim. The perpetrator may be brought to both administrative and criminal liability.

Causing minor harm to health in an accident is regulated by Art. 12.24 Code of Administrative Offenses of the Russian Federation . According to this article, minor harm means a short-term impairment of health and short-term loss of ability to work.

Signs of minor harm include:

minor concussion;
loss of ability to work from 1 to 20 days;
disruption of the functioning of body systems and organs lasting up to 3 weeks.

Causing harm to health of moderate severity in an accident is regulated by the same article of the Code of Administrative Offences. Signs of this type of damage are:

long-term but not dangerous health impairment (more than 21 days);
permanent disability of one third;
moderate concussion.

The situation is much more serious with the infliction of serious harm or death of one or more persons. Proceedings are initiated and an investigation begins.

If a forensic expert determines that serious injuries were caused due to negligence, then Article 264 of the Criminal Code of the Russian Federation will be applied to the accused .

If intent is proven, the sentence is imposed under Art. 111 of the Criminal Code of the Russian Federation .

Causing serious harm to health in an accident is characterized by the following injuries:

persistent loss of ability to work (more than 120 days);

penetrating head wound;

fracture of the skull, occipital and facial bones;

intracranial injury, hemorrhage, brain damage;

penetrating wound in the neck area;

spine fracture;

closed damage to internal organs and blood vessels;

rib fractures;

penetrating wound of the abdominal cavity;

loss of an organ or any organ function (vision, hearing, speech, arms, legs, etc.);

facial disfigurement that cannot be corrected;

abortion;

mental disorder.

Types of liability for damage caused to health in an accident

It is important to note that in this matter there is an opportunity not to apply punishment to the driver . It is necessary to distinguish between concepts such as “driver” and “car owner”.

For example, if the driver was the wife of the car owner, who was driving the car by proxy, she becomes the culprit of the accident. In this case, it is not she who compensates for the damage, but her husband as the legal owner of the car.

The owner is completely exempt from liability if the traffic accident was caused by the theft of a car, force majeure of natural or other origin, or the prior intent of the victim.

For example, a pedestrian was hit through his own fault. If an accident occurs due to a vehicle malfunction, the organization that performed the technical inspection is responsible for this.

For causing any harm to health in an accident, administrative and criminal liability is provided.

Minor harm to health is punishable under the Code of Administrative Offenses:

Fine from 2500 to 5000 rubles.
Deprivation of rights from 1 to 1.6 years.

Average harm involves liability in the form of:

Fine from 10,000 to 25,000 rubles.
Deprivation of rights from 1.6 to 2 years.

Then criminal liability begins. Severe punishment is provided for causing grievous bodily harm :

Drunk or negligent - imprisonment for up to 4 years, forced labor for up to 3 years without the right to engage in professional activities.
Road accidents resulting in death - imprisonment for up to 9 years without the opportunity to hold certain positions or engage in professional activities for 3 years.
If there was intent, the maximum penalty will be 15 years in prison.

Compensation to the injured party

To confirm the harm to health, victims must collect documents, including a certificate of the accident .

If damage has been caused to property , then documents will be required to prove ownership of it, the amount of damage caused and the costs of eliminating it.

In case of injury to health , the following factors are considered and provide for compensation:

full compensation of lost income, taking into account all types of profit of the victim (including business activities, work under civil and labor contracts, etc.);
reimbursement of actual treatment costs and additional costs (care, medications, sanatorium rehabilitation, etc.).

To receive compensation, victims must provide:

Documents about the amount of lost earnings due to the harm caused. Issued from work or the relevant institution.
Documents that confirm the costs of doctors' services and medications (receipts, checks, documents for payment of medical services, extracts from the medical history).
Conclusions of experts and medical institutions on the degree of disability.
Documents indicating funeral expenses if there was a death.

In addition, moral damages for causing harm to health must also be compensated. Moral harm is the moral and physical suffering of the victim, aggravating his condition.

The fact of moral damage is taken into account in parallel. Compensation for it depends on the level of harm caused and the consequences for the victim.

Moral damage also needs to be proven with the help of witness testimony and doctor’s reports.

Damage compensation procedure

The actions of the victim depend on whether the owner of the car has a compulsory motor liability insurance policy or not .

If insurance is available, the victim can turn to the insurance company or the person responsible for the harm for payments.

The at-fault driver is obliged to inform the victim about the details of the insurance contract . Next, the latter must provide insurers with documents about the accident, the amount of damage to health and the insurance payment.

The insurance company must review the application within 30 days and make a decision on payment or refusal. There is a penalty for late payments.

Payments under compulsory motor liability insurance for personal injury depend on the type of damage. By the way, if the MTPL policy was purchased after October 2014 and until 2019, then the largest payment amount will be no more than 500,000 rubles.

If the car owner’s liability to third parties is not insured or he himself is unknown, then the victims can contact the Russian Union of Auto Insurers to receive compensation.

also has the right to go to court with a claim for compensation for harm caused to health.

How to file a claim for damages

If the culprit refuses to pay compensation for damage caused to health in an accident, then you can sue. The statement of claim is written in any form .

The following package of documents must be attached to it::