Very often, drivers are faced with the fact that they have to somehow compensate for moral damage during an accident. But how to do that? And in what sizes? And who can I request this payment from? Frankly, a lot depends on what the traffic accident was like. Many factors affect moral damage that cannot be overlooked. Depending on the severity of the damage done, you will be able to receive more or less money in the end. So our question is not so simple, so we’ll have to study it, as they say, far and wide. So what to prepare for? How to behave if you need to make compensation for non-pecuniary damage in an accident in a particular case?
Not material
The first step is to figure out what is at stake. After all, moral damage is something intangible, and therefore not entirely understandable. In particular, due to the fact that somehow you have to evaluate the torment and anxiety you have suffered, as well as make a decision on the amount of payment. What is such moral damage? In material terms, everything is clear, especially in case of accidents.
We will deal with an abstract concept. And it is based on your personal experiences, emotions. We can say that moral harm is your suffering. Do not confuse it with the material.
How to fully understand what is moral damage 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 the loss associated with the victim’s earnings, as well as his / her expenses for treatment / recovery. Morality also takes place. It is expressed in the emotions of a citizen. True, evaluating them is not so simple.
Components
In order not to be confused in the two concepts of harm done, it is customary to highlight some of the components of each of them. With property (material) damage, and so everything is clear. But the moral requires special attention. Before you reimburse and demand it, you must make sure that it has a place to be.
Thus, the moral damage during an accident (without victims and with them) can be different. If you notice that one of them is relevant to your case, you should apply for a refund. Only at first it will be necessary to somehow assess the damage received.
The moral "option" includes, as already mentioned, your experiences. For example, related to the loss of relatives due to the incident. This also includes pain from injuries inflicted on you, stress, loss of the ability to lead a normal lifestyle - both temporary and permanent. Disability, loss of employment, damage to your reputation (for example, because of the disclosure of any information about you defaming), the harm done to your only transport - all this relates to the moral side of the issue. But property should not be forgotten. She is not excluded.
Independence
Pay attention to a very interesting point. Especially if you have to compensate moral damage during an accident. We will have to turn to the legislation of the Russian Federation to accurately understand and remember some important aspects of our current topic of conversation.
For example, many are interested in the question of the amount of moral compensation for certain events. Installing these payments is not so simple. However, it is possible.Having studied the laws of the Russian Federation, it is worth noting for itself the fact that property damage does not depend on moral, and vice versa.
What does it mean? Everything is very simple. The amount of payments that you will pay to the victim (or which are due to you as the victim) does not in any way depend on the damage caused to property. So says article 1099 of the Civil Code. It turns out that the more material damage, the more ultimately you will have to pay in aggregate. Keep this in mind. After all, the moral and material aspects of the issue will be decided in relation to the appointment of the amounts due for payment, independently of each other.
Insurers
So who will have to demand compensation for non-pecuniary damage in an accident? Judicial practice indicates that most often the participants of the incident fall under the “distribution”. That is, individuals. This is a completely normal and justified phenomenon.
Just not always it takes place. In some cases, you have the right to claim moral damages from your insurance company. This is not such a common phenomenon in judicial practice, but it is also a place. Insurance companies, neither in compulsory motor third-party liability insurance nor in hull insurance, as a rule, do not compensate for non-pecuniary damage resulting from a traffic accident.
In what cases, it is possible to apply for judicial compensation from insurers? Then, when it comes not to your experiences and suffering associated with an accident, but about the stress received as a result of the actions of the insurance company. For example, a delay in the corresponding insurance payments. Not the most common occurrence, but it is sometimes found.
Harm to life
The features of our current issue do not end there. The thing is that rarely, traffic accidents are not accompanied by harm to health. In practice, as a rule, property damage always takes place, and the victim receives, albeit insignificant, but trauma (not always, fortunately, but quite often).
Non-pecuniary damage in case of an accident (moderate or light - it doesn’t matter) will be compensated if the plaintiff claims it. 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 guilt, moral damage in case of an accident (serious damage to health or light - not so important, these indicators will only affect the amount of compensation) is compensated when the relevant claims are made. This rule is indicated in article 1100 of the Civil Code of the Russian Federation. Why is this so? All due to the fact that a citizen in this case controls a means of increased danger. Any transport (motor) is such. So, you will have to suffer the appropriate punishment if you are presented with a claim.
Establishment of law
It turns out that if there is evidence, everyone in the event of an accident has the right to receive moral compensation. In court, this is a fairly common practice. Only the problem is precisely the collection of evidence of your suffering. What will be the amount of non-pecuniary damage in an accident, according to the laws?
Frankly, there are no fixed payments. So, it is impossible to predict exactly how much will have to be given or will be able to get. The court either independently determines the 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, in Russia some framework has been established with respect to our current issue.
Estimated Estimates
So, we are interested in monetary restrictions on payments. More precisely, the average indicators of the amount of non-pecuniary damage that are paid in Russia taking into account the severity of the injuries received. It is very important. After all, heavy harm and light - different concepts. It is impossible to evaluate them equally.
If a traffic accident caused slight damage to your health, then do not even rely on 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 enough. Although these limits are not justified. You have every right to ask for more money, but whether the court agrees with you is a completely different matter.
The amount of moral damage in an accident of moderate severity in Russia is set at 50,000 rubles. A victim can receive more, sometimes less. Minimum - 20 thousand rubles. As you can see, the difference is quite serious.
But what should I do if moral damage was caused in a traffic accident, assessed as severe? More precisely, if the plaintiff’s health was badly damaged? In this case, get ready for maximum payouts. They range from 100 to 200 thousand rubles. In some cases, of course, may payments are smaller. But this does not happen too often.
Regularity
On this, all the surprises regarding our current issue do not end there. Especially when it comes to cases in which moral damage was caused in an accident of moderate severity, as well as the highest. During such incidents, the victims very often lose their capacity for work for some time. This factor with the culprit can play a cruel joke.
The thing is that under the circumstances, the moral damage in an accident (minor harm to health does not cause such consequences) is repaid in the form of regular payments. Moreover, the duration thereof will be exactly as long as the citizen will not work.
Thus, on average, you will have to pay about 15-20 thousand rubles. That is how much the average citizen actually earns. Please note that payments will be monthly. Sometimes they can be much larger. It all depends on the earnings of the victim. However, in practice, usually this solution to the problem is not in great demand. It is much more common to simply issue a “bill” for the damage done in a fixed amount and receive compensation as a one-time payment. It is this decision that is most often made by the court, and put forward by the plaintiffs. How is this justified? Most likely, after having appointed regular payments to the victim, they must be collected in court. That is, re-apply to the court. And this is an additional waste of time and effort. Not everyone will agree to that. Now a little about how you can compensate yourself for moral damage in an accident. What is the procedure for going to court? What might come in handy for this?
Go to court
Well, as soon as a traffic accident occurred during which you suffered harm of one degree or another (moral), you should go to court for compensation for it in monetary terms. Just before that, it is necessary to collect some documents and evidence. You have to start immediately after the accident. First you need to fix it. Or confirm with witnesses. Usually there is no problem with this item, because now the Safe City cameras are installed on the roads, which record all violations. And the accident as well.
Next, collect evidence of the damage. For example, the conclusion of doctors about the state of your health, discharge from hospitals and so on. Anything that can confirm the existence of non-pecuniary damage resulting from the accident will do.
When you are ready, take the evidence collected with you, 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 the "colors".
Directly at the appointed meeting, the court must note exactly what damage was caused to the plaintiff, in what it was expressed, in what way they caused (by actions or omissions). Next, the degree of guilt of the defendant is assessed.And they consider all other issues related to the case, as well as those that can affect the court decision. In the end, the amount at which the plaintiff assessed the damage received is examined. And we are talking about moral compensation, excluding 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 an unjustified assessment of harm by the plaintiff.
True, it is not worth hoping that your case will be quickly closed. On average, such claims are considered for about three months. Keep this in mind. Plus, the evidence that the plaintiff provides must be truly weighty. Otherwise, non-pecuniary damage is not compensated.
Extortion
In such cases, usually citizens try not to retreat from their positions. And, as a result, they extort moral damage after an accident. If you encounter this phenomenon, try to fix all cases of extortion somehow. It will be possible to prove the existence of unreasonable claims for payment of money - you will have every right to apply to the court with a lawsuit.
You can judge the “victim” directly for extortion. Therefore, please note that only the presence of good reason will help to recover from the defendant additional money as a moral damage. In the absence of these, you can completely forget about such a request.
Try to assess the harm done on the merits. If the court considers your situation and then admits that the “cost” of the board is too high, they will have the right to lower it. As you can see, the issues related to compensation for non-pecuniary damage resulting from an accident are very serious and difficult. Examinations, opinions of doctors and other documents - all this can help you. That's how moral damage is compensated in case of an accident. Judicial practice often encounters this phenomenon, this is far from the rarest case.
