Causing harm to health in a traffic accident

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An accident is a process that can lead to harm not only to the vehicles involved, but also to the health of the victims, as well as their moral distress. Almost anything can affect the psyche of victims: damage to a car, damage to personal belongings, injury or death of one of the participants. If an accident results in personal injury, troubles arise for all parties. The legislation of the Russian Federation provides for several types of liability for a citizen who is found guilty of an accident causing harm to health.

Normative base

Issues of compensation for health damage sustained in an accident are regulated by the following types of regulatory documents:

• Law No. 40-FZ of April 25, 2002 “On compulsory civil liability insurance of vehicle owners” (last edition – December 29, 2007), where Part 12 discusses the procedure for making insurance compensation.
• Code of Administrative Offenses (Article 12.24, defining the concepts of mild and moderate harm to the health of the victim).
• “Regulations on the rules of compulsory civil liability insurance of vehicle owners”, approved by the Bank of Russia on September 19, 2014 N 431-P.
• Government Decree No. 150 dated February 21, 2015, which spells out changes in the procedure for calculating the insurance amount for the victim.
• Appendix to the order of the Ministry of Health and Social Development No. 194n dated April 24, 2008, which indicates the degree of loss of performance, as well as the criteria used to assess the injuries received.
• Criminal Code of the Russian Federation (Article 264 in case of causing serious harm through negligence and 111 in case of intent of the culprit);
• Civil Code of the Russian Federation (Articles 56, 59, 1068, 1079 and some others).

Attention:
Short-term injuries from road accidents in the form of bruises, scratches, and abrasions are not considered harmful to health. They do not interfere with the victim’s ability to work; to cure them there is no need to issue a sick leave. If desired, the victim of a traffic accident can only declare his intention to receive compensation for moral damage.

Causing moral damage to a victim in an accident

Moral damage to health in the event of a traffic accident is the mental pain and torment of the victim, which worsens his situation. These are experiences that later affect the health of the victim. Many believe that if there are no hysterics and mental pain during a traffic accident, then compensation should not be demanded from the perpetrator. This is a deep misconception, because people tend to worry more about the condition of their car than about their health. During legal proceedings, you overstrain your nerves and heart, in the future this leads to various diseases, so moral damage must be compensated. The consequences cannot be avoided, sometimes they do not pose a danger, and sometimes they seriously affect health.

To prove moral damage to health in an accident, it is necessary to provide testimony of witnesses and an expert opinion from doctors. Compensation depends on the nature of the harm caused and the resulting consequences.

The procedure for assessing damage caused in a traffic accident

If the health of those involved in an accident is harmed, then the person responsible for the accident will have to answer for it, even though it was impossible to prevent the accident. A large number of factors can lead to a traffic accident:

• alcohol intoxication;
• lack of driving skills;
• traffic violation;
• unsatisfactory state of health of the person driving the vehicle;
• emergency condition of the machine;
• inattention.

Even if the damage to health due to an accident was caused unintentionally, the driver at fault will be obliged to compensate the victim for the damage. To determine the possible amount of compensation, one should be guided, first of all, by the severity of injuries received in an accident:

• minor injuries;
• moderate injuries;
• severe consequences.

IMPORTANT
The severity of injury in an accident can only be determined by a forensic examination after examining the condition of the victim, recording anatomical damage and violating the integrity of the skin. The procedure ends with an assessment of the psychological state of the victim.

During the forensic examination after an accident, factors such as the duration of sick leave, the duration of the full recovery process, and the impact of the injuries on the citizen’s ability to work will also be taken into account. The examination will take into account the loss of an organ, hearing, speech or vision impairment and the inability to fully work in later life.

Who assesses health damage and how?

The assessment can be carried out by:

• medical institutions;
• private commercial organizations.

Both the first and second must have permission to conduct a forensic medical examination. The degree of damage received is determined in accordance with the Rules of August 17, 2007, approved by the Government of the Russian Federation.

When conducting assessment activities, the following criteria are taken into account:

1. The overall impact of injuries on the subsequent life of the person involved in the accident.
2. Duration of illness, treatment and recovery.
3. Loss of functioning of any organs or loss of abilities (vision, hearing).
4. The impact of injuries on the ability to engage in work in general, as well as further work in the profession (the inability to paint pictures with loss of vision).
5. Injuries that lead to deformity and subsequently cannot be corrected.
6. Mental condition.

Determining the impact on work ability is considered important. The assessment of the percentage of impact is recorded in the table as an appendix to the criteria according to Order of the Ministry of Health and Social Development No. 194n.

The procedure for assessment activities is as follows:

1. Study of medical documentation (victim’s card, emergency medical records, photographs, videos establishing the details of the car accident, violation protocol).
2. Examination and conversation with the victim.
3. Carrying out additional examinations if internal damage is suspected.
4. Request for missing papers.
5. Drawing up a conclusion.

If the pregnancy was terminated due to the incident, the opinion of the obstetrician-gynecologist is taken into account.

The severity of harm is not established if:

• during examination it is impossible to determine the damage;
• at the time of examination, the outcome of the subsequent impact on life is not clear;
• the victim cannot be transported to the facility or refuses to undergo an assessment;
• there are no medical documents or they do not contain the results of laboratory tests relevant for the expert opinion.

The results are certified by the signature of the expert and members of the commission. If the patient had any diseases before the incident, they are not taken into account.

Degrees of injury to health in a road accident

So, a forensic medical examination determines the severity of the harm to health that was received at the time of the accident. Experts assess disability. The specialist must have a medical education.

For your information

Conducting such an examination is equally important for both the victim and the culprit. For one, this is a guarantee of compensation for losses incurred; for another, it is a qualified opinion that will be taken into account when determining the penalty.

After establishing the severity of the injury at the time of the accident, three types of injuries are determined:

1. Minor injuries. With such health problems, the disease goes away within 3 weeks, the coefficient of disability does not exceed 10%.
2. Moderate weight. In such a situation, the victim needs from 21 to 120 days to fully recover, and the percentage of disability ranges from 10 to 30%.
3. Severe violations. Such injuries are life-threatening. They often lead to the loss of certain organs, which leads not only to decreased performance, but also to a sharp deterioration in health.

Severe harm to health is determined by a whole list of injuries, which are listed below:

• neck and head wounds;
• damage to the spinal cord and spine;
• damage to internal organs;
• wounds of the pelvis, abdomen and chest;
• ruptures of blood vessels;
• fracture of a rib (or several);
• burns;
• painful shock or coma, which can lead to death;
• loss of vision;
• speech and hearing disorders;
• fetal loss;
• the occurrence of drug addiction or mental disorder;
• facial injuries that will not go away with time.

If the victim has at least one similar injury, then the severity of the harm received in the accident can be considered severe. If there are several injuries in an accident, then the most severe one will play the determining role in their totality.

Average severity of harm to health

In such a case, the punishment may be limited to a fine or be more severe - the culprit will be sentenced to imprisonment. It all depends on the circumstances. Causing moderate injuries is a non-life-threatening loss of health and ability to work, the rehabilitation period for which exceeds 3 weeks. It is characterized by the following medical criteria (clause 7 of Order of the Ministry of Health and Social Development 194n):

1. Temporary dysfunction of organs and (or) systems (temporary disability) lasting more than three weeks (more than 21 days)…
2. Significant persistent loss of general ability to work by less than one third - persistent loss of general ability to work from 10 to 30 percent inclusive.

Moderate injuries can only be determined after a forensic medical examination, which is often only possible after undergoing a course of treatment.

What kind of damage to health will the person responsible for the accident be held liable for?

In case of an accident, which is aggravated by the presence of victims, several types of liability arise:

• civil law , which covers all damage caused in an accident;
• administrative , which entails execution of punishment for violation of traffic rules that resulted in an incident;
• criminal (or administrative) for injuries caused to people.

The driver of a vehicle who is found guilty of an accident bears civil liability for the accident. By insuring his civil liability, the motorist receives guarantees that the insurance company will pay for the damage suffered by other participants in the unpleasant event.

By what criteria is it determined

Order of the Ministry of Health No. 194n approved an exhaustive list of criteria and corresponding injuries, mutilations and conditions that can be recognized by an expert as grave harm. According to clause 6 of the Medical Criteria, the following harm may be considered grave:

• caused by injuries and damage that pose a threat to life: wounds, fractures, bruises and closed injuries to vital organs, burns;
• caused by disorders of key body functions that lead to death: coma, severe shock, acute cardiovascular/respiratory/renal failure;
• caused by the loss of vision, hearing, speech or other organs of a person or the loss of his functions: loss of limbs, genitals, infertility;
• caused as a result of termination of pregnancy;
• resulting in mental disorder;
• as a result of which the face was disfigured;
• resulting in permanent loss of ability to work by 30% or more or complete loss of professional ability to work.

Responsibility of the culprit of the accident

If an accident occurs in which people are injured, the perpetrator is obliged not only to compensate for the damage, but also to bear administrative or criminal liability. This depends on the severity of the injuries sustained in the accident. You will also have to answer for traffic violations if this was the cause of the incident.

The court determines what kind of violation the perpetrator must answer for. The court will take into account all the circumstances in which the traffic accident occurred. They can be both mitigating and aggravating:

• previous traffic violation;
• driving a vehicle while intoxicated;
• repentance;
• immediate violation of the rules by the injured party;
• compensation for harm on a voluntary basis;
• the complexity of the life situation of the person responsible for the accident.

The liability of the culprit of an accident arises in the following cases:

• causing slight harm to health in an accident;
• causing harm to health in an accident of moderate severity;
• causing serious harm to health in an accident due to negligence;
• causing serious harm to health in an accident;
• death in an accident;
• causing moral harm to health in an accident.

If the victim can easily recover and his performance is not greatly affected, then the culprit will have to bear administrative responsibility. For minor injuries, the fine will not exceed 5,000 rubles. In some cases, material punishment can be replaced by restriction of freedom for up to one and a half years.

The culprit of the accident, who was drunk at the time of the collision, must count on punishment, the severity of which will be the most severe. Severe injuries will result in criminal liability. It provides for punishment of up to 2 years of imprisonment or up to 3 years of restriction of liberty. Additionally, the culprit may be deprived of his rights for up to 36 months.

For your information

A state of intoxication is a situation that leaves a heavy imprint on the circumstances of the incident. In this case, the culprit may be subject to forced labor for up to 3 years or imprisoned for up to 4 years.

If the accident is classified as a fatal accident, then the number of fatalities may play a determining role in determining the verdict. If one person dies - forced labor (up to 4 years) or prison, in which you will have to spend up to 5 years. If several people are lost in an accident, the figures increase proportionally to 5 and 7 years, respectively.

Article 12.24 of the Code of Administrative Offenses of the Russian Federation

Hello, dear motorist!

Are you facing deprivation of your rights under Article 12.24 of the Code of Administrative Offenses of the Russian Federation for violating the Traffic Rules or the operating rules of a vehicle, resulting in minor or moderate harm to the health of the victim?! Don't you consider yourself guilty?! Do you want to legally remain with your rights?! Or, on the contrary, are you the injured party and are afraid that the culprit may escape responsibility?!

Automotive lawyers have many years of practical experience in handling cases under Article 12.24 of the Code of Administrative Offenses of the Russian Federation. Start solving your problems right now! All you need to do for this is call our on-duty lawyer right now by phone, and he will clearly explain to you how to act competently in your specific situation. You can also ask your question in the chat or order a call back in a special form on the website, and our employee will call you back within five minutes.

So, we welcome regular visitors to our website, as well as those who open the information section of Voronezh Legal for the first time! Today I consider it necessary to talk about Article 12.24 of the Code of Administrative Offenses of the Russian Federation, which is devoted to violation of traffic rules that resulted in slight or moderate harm to the health of the victim.

First, let's turn to the primary source, namely Chapter 12 of the Code of Administrative Offenses of the Russian Federation.

Code of Administrative Offenses of the Russian Federation Article 12.24. Violation of traffic rules or vehicle operating rules, resulting in minor or moderate harm to the health of the victim

1. Violation of the Traffic Rules or the rules of operation of a vehicle, resulting in minor harm to the health of the victim, entails the imposition of an administrative fine in the amount of two thousand five hundred to five thousand rubles or deprivation of the right to drive vehicles for a period of one to one and a half years.

2. Violation of the Traffic Rules or the rules of operation of a vehicle, resulting in the infliction of moderate harm to the health of the victim, entails the imposition of an administrative fine in the amount of ten thousand to twenty-five thousand rubles or deprivation of the right to drive vehicles for a period of one and a half to two years.

Notes:

• Causing minor harm to health should be understood as a short-term health disorder or a minor permanent loss of general ability to work.
• Infliction of moderate harm to health should be understood as a non-life-threatening long-term health disorder or a significant permanent loss of general ability to work by less than one third.

No matter how hard it is to talk about it, many people suffer on the roads every year. Every day, in the regional center alone, 10-15 people are injured in road accidents of varying severity. Drivers face serious responsibility for this. Part 1 of Article 12.24 of the Code of Administrative Offenses of the Russian Federation (minor harm to the health of the victim) presupposes a fine of 2.5-5 thousand rubles for violation of traffic rules or vehicle operating rules. or deprivation of rights for 1-1.5 years. Part 2 of Article 12.24 of the Code of Administrative Offenses of the Russian Federation (moderate harm caused to health) increases the fine to 10-25 thousand rubles, and imprisonment to 1.5-2 years.

I think everyone immediately has an additional question: how is the degree of harm caused to human health in a road accident determined? A forensic medical examination is used to determine the degree of harm. A commission is created from doctors of narrow specialties and forensic experts. They look at the integrity of the victim’s tissues, bones, and internal organs. They study medical and many other documents related to the incident and talk with the victim. This may take a whole month. Then an expert opinion is issued, which is the most important document for determining the degree of responsibility of the driver at fault in the accident. Light and moderate harm to the health of the victim does not provide for criminal liability, only administrative liability.

What does minor injury to health mean in an accident? Based on the text of Art. 12.24 of the Code of Administrative Offenses of the Russian Federation, this is “a short-term health disorder or a minor persistent loss of general ability to work.” That is, it can be a three-week sick leave, a loss of no more than 10% of the ability to work.

Moderate health damage resulting from an accident implies “a non-life-threatening, but long-term health disorder or a significant permanent loss of general ability to work by less than one third” (Article 12.24 of the Code of Administrative Offenses of the Russian Federation). Then the victim can be on sick leave for up to 4 months. Here is one such case in the recent practice of car lawyers.

On November 4, an accident occurred at the intersection of Truda Avenue and Solnechnaya Street. The car driven by M.Yu. Kovalchuk, collided with Yu.E.’s car. Tarasov, in which gr. A.A. Tarasova. The protocol drawn up at the scene of the accident indicates that Kovalchuk, moving along Solnechnaya Street, violated clause 13.9 of the traffic rules by not giving way to Tarasov, who in that situation had the right of way. As a result of this, gr. Tarasova received moderate injuries. Kovalchuk fully admitted his guilt in this incident, pointing out that there was poor visibility at the intersection due to the presence of a construction fence there. He began to provide assistance to the victim right on the spot, then visited her at home several times and offered financial assistance, from which Mr. Tarasova did not refuse. Automotive lawyers have been involved in this situation from the moment Kovalchuk turned to us for legal assistance, not wanting to be left without a driver’s license. And he turned to us, although before the trial, but, however, not on the day of the accident. The court hearing could not be avoided, however, it passed calmly and without unpleasant surprises. Kovalchuk strictly followed our recommendations, admitted his guilt in the accident and sincerely repented of this incident, and made a public apology to the injured party. In turn, the Tarasovs confirmed that he behaves towards them with due social responsibility, makes compensation for harm to health of moderate severity in an accident, and did not insist on imposing a strict sentence. As a result, M.Yu. Kovalchuk received a fine of 10,000 rubles, but his license remained with him.

We also recommend not delaying compensation for minor health damage in an accident. Your purely human responsibility, along with the help of auto lawyers, will be a big step towards the least unpleasant resolution of such a situation as the consequences of an accident. We believe that if it is impossible to avoid punishment, then it should at least be proportionate (and not excessive) to the violation committed by the driver for one reason or another.

Two passengers of a minibus in the village of Otradnoye, Novousmansky district, suffered minor health damage in an accident in January 2017. Here is how it was. Moving along an icy highway, the Gazelle slid into a ditch after it skidded into oncoming traffic. The bus shook violently, and the women suffered minor injuries, which, however, forced them to seek help from doctors. In Nikolaeva L.D. After she hit the back of the seat, she was diagnosed with a concussion and closed head injury. Another woman suffered a lumbar spine injury after falling on the steps of a bus and required hospitalization. The minibus driver, having received a subpoena, turned to auto lawyers. He does not deny his guilt, however, the road and meteorological conditions that day were extremely difficult, and even his many years (32 years) of professional driving experience did not allow him to cope with the difficult situation, as a result of which people were injured - the car was literally blown away by the wind. Automotive lawyers found a lot of circumstances mitigating his guilt, drew the court’s attention to them, as well as to the driver’s admission of guilt. As a result, the court found him guilty under Part 1. Article 12.24 of the Code of Administrative Offenses of the Russian Federation and imposed a fine of 5 thousand rubles. The victims agreed with this verdict, since compensation for their damage was transferred to the insurance company.

It is clear that compensation for harm to health is expressed in material payments to the victim. In addition to compensation for disability, compensation for funds spent on treatment and, possibly, compensation for moral damage will be required. If with the first two points everything is more or less clear, since these amounts are reflected in the certificate of average salary and contracts for medical care, checks, etc., then with moral damage everything is more complicated. Here you need to consult with your car lawyer. Based on practice in a particular region and taking into account the varying severity of damage, this amount may vary greatly.

The average severity of health in an accident, ascertained from the victim, became the reason for a rather unusual case in which auto lawyers participated. Gr. Suleymanov and his wife were returning home from the river. The wife was dozing in the passenger seat next to the driver. Suddenly the car was thrown onto uneven roads and skidded to the side, causing it to crash into a barrier. Both the barrier and the car were damaged, and the passenger was diagnosed with a fracture of her right leg. Traffic police officers drew up a report and sent the case to court. Suleymanov was not found to be intoxicated. And it was the wife of the culprit of the accident who turned to her (immediately after she was given a cast) with a request to reduce the punishment to the possible legal minimum. Naturally, she has no complaints against her husband. They have three minor children, and a serious fine to the state from the family budget plus money for rehabilitation after an injury and temporary disability of the wife (the Suleymanovs have a family business in the field of trade) are very large expenses. She was afraid to even think about deprivation of her rights. Automotive lawyers drew the judges' attention to these and many other circumstances, such as Suleymanov's many years of accident-free driving experience, his full admission of guilt and sincere (and very emotional) repentance. We managed to obtain a fine in the amount of 11 thousand rubles while retaining the driver’s license for its owner - according to Part 2 of Article 12.24, the punishment is almost minimal.

Dear Voronezh residents! Do not forget that a car is a vehicle of increased danger, and try to promptly assess both its technical condition and your well-being in order to understand whether it is dangerous for you to drive now. After all, the liability provided for in Article 12.24 may deprive you of not only the money that you will be required to pay as a fine within 60 days after the court ruling comes into force, but also your driver’s license. Moreover, the court in most cases prefers the second option. If traffic lawyers do not intervene in time. Therefore, having realized that Art. 12.24 of the Code of Administrative Offenses of the Russian Federation, immediately seek qualified assistance from Voronezh Legal! I hope that the examples from our practice that we cited above have convinced you that this problem has a legal solution.

Material prepared by Danila Bagrov

Punishment of a pedestrian guilty of causing harm to health

There are accidents in which pedestrians are found to be at fault. In them, not only a pedestrian participant in an accident, but also passengers or the driver can receive injuries of varying degrees of severity. If citizens received minor or moderate injuries, then the culprit (we are talking about a pedestrian) will have to pay a fine in the amount of 1,000 to 1,500 rubles.

If the result of an accident caused by a pedestrian on foot results in the death of people, then the following penalties are provided for the culprit:

• imprisonment (up to 3 years);
• arrest (up to 120 days);
• forced labor (up to 2 years);
• prison (up to 2 years).

Attention
If the actions of a pedestrian caused the death of two or more people in an accident, then he will have to suffer a more severe punishment - correctional labor for a period of 5 years or imprisonment for a term of up to 7 years. Such measures are quite serious; they are aimed at calling on violators of traffic rules to fulfill their civic duties.

In what case is recovery from the perpetrator carried out in court?

Legal recovery is necessary when the parties cannot reach an agreement. In this case, the injured party must:

• draw up and present a pre-trial claim. If the culprit refuses to compensate for the damage or does not admit guilt, then you need to move on to the next step;
• draw up a statement of claim. It should reflect in detail the requirements and arguments for them. Errors in the claim are unacceptable;
• wait for the summons and appear at the hearing;
• at the meeting, express your point of view, provide evidence and explain your requirements. Wait for the court's decision.

If you disagree, you can appeal the court's decision.

IMPORTANT! If the defendant is in no hurry to make a payment, enforcement proceedings can be initiated. The bailiff will give the citizen 10 days to voluntarily repay the debt. If the action is not carried out, it is permissible to confiscate part of the personal property to cover the obligations.

Is it possible to reconcile the parties?

Reconciliation of the parties is the most favorable outcome for the person responsible for the accident. In this case, both parties must come to a common decision and sign the appropriate document, which will accurately indicate the amount of compensation and the absence of claims. The injured party, as soon as all its demands are satisfied, must ask to terminate the proceedings.

IMPORTANT! Reconciliation between the parties is unlikely if people died in the accident.

Compensation for damage to health in case of an accident under compulsory motor liability insurance

When an accident occurs, harm is caused not only to vehicles, but also to pedestrians, drivers, and passengers. Such damage may include:

• earnings that were lost during the period of incapacity;
• expenses that the victim had to incur as additional;
• funds needed for treatment.

Since the vehicle is considered a source of increased danger, its owner must fulfill the obligations of insuring his motor third party liability. This covers the risks of harm to the life and health of persons who may be injured in an accident. If such a fact arises, then the costs incurred by the victim are reimbursed by the insurance company under compulsory motor liability insurance.

Currently, OSAGO provides for two types of insurance payments:

1. Compensatory compensation, which is assigned without fail. The amounts of these payments are determined as a percentage of the category of damage.
2. Compensatory payments that are not mandatory and are assigned in addition to monetary compensation of the first category. Their size may vary and is calculated on the basis of papers indicating that compensation payments did not cover all expenses.

Compulsory car insurance is a guarantee that the victim will receive compensation for the damage he received in an accident. These are not only property losses, but also physical harm caused to the health of the victim in a traffic accident.

Compensation for material and moral damage

Motor vehicles must be insured under MTPL. Thanks to this rule, it is possible to compensate the victim for damage not at his own expense, but with the help of an insurance company.

In order to receive the money due from the insurance company, a citizen needs to collect a package of documents, for example, such as a notification of a traffic accident, a certificate from the hospital describing the harm caused. They are issued by the investigator as part of a criminal case.

You can apply for compensation for additional damage to the investigator by filing a petition for recognition as a civil plaintiff. At the same time, it is possible to file a claim in civil proceedings. Please note that compensation for damages filed separately will only be considered after a guilty verdict has been passed against the culprit!

Of course, if the court awards a larger amount than the insurance company has already given to the victim, the driver will return the remaining difference from his own pocket. If all the conditions specified in the MTPL agreement are met, additional costs can be avoided.

What to do if the insurance company refuses to compensate for damage to health?

In some cases, the insurance company refuses to compensate for damage caused to health by the person responsible for the accident to third parties. Payments include the insured amount, as well as the amount of income that could not be received due to being on sick leave after an accident. Also, the insurance company is obliged to reimburse the cost of sanatorium treatment and medications.

If the insurance company refuses to pay under compulsory motor liability insurance for personal injury caused in an accident, the victim must take the following actions:

1. Receive a refusal in writing. This document will later become the basis for going to court. It often happens that immediately after issuing such a document, the insurer decides to pay compensation.
2. Understand the reason for the refusal. If it is legal, then all the shortcomings must be eliminated. If all the insurer’s arguments are controversial, then you need to move on to step 3.
3. Contact RSA and the Central Bank. Such a step is a faster way to resolve the issue than filing a claim in court. A complaint to the Central Bank can be submitted through the Russian Post, online via a link or in person at the department. You can submit a complaint to the RSA in person or by email.
4. If contacting the mentioned organizations did not produce the expected effect, then the next step should be to file a pre-trial claim with the insurance company. This step is mandatory because without pre-trial appeal the court will not accept the claim against the insurer.
5. If the insurance company sends a refusal within 10 days (or no response was received at all) to satisfy the claim, then you should file a lawsuit. The same actions must be taken if there is no response at all.

Please note:
Claims against insurance companies are heard by courts of general jurisdiction. If the amount of compensation for personal injury is less than 50,000 rubles, then you need to file a claim by going to the magistrate’s court, and for a larger amount, to the district court.

The procedure for collecting compensation from the culprit without going to court

Without going to court, you can receive compensation only if the culprit admits guilt and offers to solve the problem outside of court. To do this, the injured party needs to complete the following steps:

1. Get the protocol.
2. Contact the insurance company with a request for compensation for damage. Since the insurance company of the culprit must compensate for the damage, the victim may be denied.
3. Conduct an independent examination.
4. Write a pre-trial claim. It indicates the amount of funds requested, the method of calculation and the period during which funds must be provided. The claim must be supplemented by a package of documents.
5. Wait for the specified period. If a person makes the calculation independently, the obligations are considered fulfilled. In other situations, it is recommended to go to court. Claims must be submitted only 7 days from the date of presentation of the claims.

If the culprit does not have compulsory motor insurance

Attention
From the point of view of the law, the Russian Union of Auto Insurers must bear responsibility for the accident and the damage to health that occurred. Even if the offender does not have a compulsory motor liability insurance policy, the victim should not be left with nothing. This requirement is reflected in Article 18 of Federal Law No. 40 of April 25, 2002.

To receive an insurance payment if the person at fault does not have a policy, you should contact the Russian Union of Auto Insurers. This authority will consider the appeal within 30 days, but only after receiving an application for compensation from the victim. It is also necessary to provide documents that will serve as evidence of the existence of harm caused to health.

If the accident had serious consequences in the form of the death of one of the participants, then family members have the right to claim compensation for loss of a breadwinner. You can also demand a refund of the cost of burying the deceased. This can also be done by contacting the Russian Union of Auto Insurers.

Before starting the process of collecting compensation for personal injury caused in an accident, the victim must prove the fact of the accident and the presence of a guilty party. For this you will need:

• decision to impose a fine;
• verdict in a criminal case (in case of death of the injured party);
• accident report;
• data on losses incurred in the accident, including lost earnings, costs of treatment and restoration (medical report).

If the person at fault for the accident does not have an insurance policy, he will have to reimburse the Professional Association of Auto Insurers for the amount of payments that were made to the victim or his relatives. If he refuses to do this on a voluntary basis, the RSA has every right to go to court.

How does an insurance company pay for compulsory motor liability insurance?

The MTPL policy covers repairs of vehicles and treatment of people. Insurance does not compensate for moral damage. Payments occur only if the accident was recorded and properly documented. Accruals are made according to the policy of the person responsible for the incident.

OSAGO sets the following limits on payments:

1. The maximum amount of compensation for damage caused during a road traffic accident for a victim is 400 thousand rubles.
2. For damage caused to health during an accident, the victim will be paid up to 500 thousand.
3. If there are several victims, then each of them can be paid up to 400 thousand rubles as compensation for damage caused to property.
4. If the victim dies in an accident, then distant relatives can be paid up to 50 thousand to reimburse funeral costs. Close relatives are paid up to 475 thousand rubles.
5. A maximum amount has also been established for compensation for losses that were caused only to property if the Europrotocol was drawn up. It is 50 thousand rubles. In this case, the insurance company must be notified no later than five days.

The insurance company has the right not to pay compensation in the following cases:

• the culprit does not have insurance or it is expired;
• if the culprit of the accident is not included in the insurance, that is, did not have the right to drive this vehicle;
• The accident did not occur on Russian territory;
• late reporting of an accident (you must notify the company within five days);
• the person responsible for the accident paid at the scene. In this case, the victim has already received compensation, and the insurance company did not have time to assess the amount of damage, so it will not compensate for anything;
• if the victim did not allow the insurer to inspect the vehicle in order to assess the amount of damage;
• If the package of documents is incomplete, the insurance company has the right not to make a compensation payment.

IMPORTANT! If the violating motorist was intoxicated at the time of the accident, then the insurer has the right to refuse payment only if the contract stipulated that the insurance company is not responsible for accidents committed by the car owner at the time of intoxication.

If the culprit does not have compulsory motor liability insurance

Despite the fact that all car owners should have compulsory motor liability insurance, it is not uncommon for the person at fault to have no insurance policy. In this case, compensation for damage lies entirely on the shoulders of the perpetrator and no concessions are provided. Compensation can be recovered in court if a citizen refuses to pay.

Compensation for damage to health in an accident from the culprit

So, if the person at fault for the accident did not have insurance, then the Russian Union of Auto Insurers will recover the entire amount of payments from him through the court. The victim can try to independently contact this authority in order to receive compensation.

As a first step, the injured citizen must prove the fact of the accident. To do this, you will need to attach to the application:

• resolution on an administrative fine (issued by a traffic police inspector);
• accident report;
• a certificate from the service station about the amount of losses incurred in the accident;
• medical report on harm caused to health;
• receipts for payment for treatment, medicines;
• verdict in a criminal case.

IMPORTANT
If the culprit was driving not his own transport, but a company car, then you can attempt to send a claim directly to the organization where the person who caused the accident works. To obtain this information, you must request in advance a copy of the accident report drawn up by the inspector. It is advisable to have this document when going to court.

Statute of limitations

Participants and eyewitnesses of road accidents constantly wonder what the statute of limitations is for road accidents. This can be explained by the fact that some health problems do not appear immediately, but after some time. Certain types of bodily injuries may not appear immediately, and the investigation of the most complex accidents lasts up to six months. During this period, forensic medical examinations are carried out to obtain accurate information about the severity of the injuries.

The above facts mean that the minimum limitation period is six months. Further, depending on the degree of injury suffered by the victim in an accident, the data increases proportionally:

• for minor harm – 2 years;
• for harm of moderate severity – 6 years;
• for severe injuries – 10 years.

Attention
The time countdown begins from the moment of the accident. If the victim initiates an appeal to the court, he can count on reimbursement of expenses and wages only for the last three years.

How is the amount of compensation determined?

The amount of compensation is determined by the court and is calculated taking into account the following items of expenses of the injured party:

1. Payment for treatment.
2. Payment for travel to the place of treatment or examination.
3. Payment for other paid services that are aimed at recovery after injury.

When calculating the amount of compensation, only currently current prices for medical services are taken into account. The amounts required to pay transportation costs are calculated in the same way.

If the injured party claims compensation for moral damages, then an additional amount is added to the above calculations, the amount of which depends on the degree of physical and moral suffering received by the injured party.

Statistics of deaths in road accidents in Russia in 2022 are presented in the article: statistics of road accidents in Russia for 2022. Read about estimating the cost of car repairs after an accident here.

Reconciliation of the parties

A huge part of criminal cases initiated in connection with road accidents and injuries to health are terminated because the parties have reconciled voluntarily. For many participants in accidents, this is the only way to resolve the situation without waiting for an invitation to court.

Reconciliation with the victim makes sense in a situation where the person who caused the accident has no chance to defend his innocence. If the fault in the accident is obvious, then it makes sense to reconcile before the victim goes to court. If you go to a settlement after this point, it will be considered that legal proceedings have been initiated against the guilty person.

For your information

It is worth remembering that information about a criminal case once initiated may be available to financial organizations, information and law enforcement agencies. This means that even a case that has already been closed by reconciliation of the parties will appear with the name of the culprit, and the information will be available to bank security officers and potential employers.

When making a decision on reconciliation, it is necessary to listen to the requirements of the party injured in the accident and adequately evaluate them. Unjustifiably high settlement standards must be corrected through well-structured negotiations. If the perpetrator does not consider himself guilty, then available methods of defense should be used.

Thus, reconciliation entails the absence of a criminal record and, accordingly, punishment for causing harm to health in an accident. There will be no imprisonment, probation, or forced labor. The culprit will also retain the right to drive the vehicle. If a sentence is nevertheless passed, the accused will not have to drive for 3 years.

If the parties have agreed on reconciliation after the initiation of a criminal case, then some nuances should be taken into account:

• firstly, the crime must be committed by the culprit for the first time;
• secondly, the severity of harm to health should not be severe;
• thirdly, the accused, before the case was dismissed, made amends to the victim by paying all expenses and compensating for the moral damage caused.

Attention:
In order to formalize the reconciliation of the parties, in case of personal injury in an accident, you should formally apply to the court with a petition, after which you must attend the hearing in person. This is necessary to confirm the fact of reconciliation, as well as to establish the fact of its voluntary implementation and compensation for damage caused.

Is it possible to avoid punishment?

There are four main ways to avoid punishment under Article 12.24 of the Code of Administrative Offenses of the Russian Federation:

1. Agree with the victim and compensate for the harm caused to him . This must be done as soon as possible after the incident. If the victim goes for a medical examination and the doctor records some degree of harm, it will be too late. After all, even if the victim declares that he has no claims against you, the punishment will still be imposed, since his expression of will is not taken into account when bringing him to administrative responsibility;
2. Prove that the victim suffered minor harm to health and that no offense occurred . Let’s say right away that this is very difficult to do and, most likely, it will require the services of a professional lawyer. However, sometimes this method works. In order to use it, it is necessary to carefully study the case materials, and in particular the results of the medical report;
3. Achieve the expiration of the statute of limitations for bringing to administrative responsibility . In the previous edition of the Code of Administrative Offences, this period for Article 12.24 was only two months, so this method was not difficult. However, it was recently increased to a year. Despite this, it is still possible to “play for time”. For this:

• Don't receive court notices. This will force the judge to adjourn the hearing, which will also take time;
• Constantly submit motions to the judge that will take a long time to review and implement. These may be requests to call new witnesses, conduct a re-examination, or request additional documents;
• Apply for a change of venue. It may take several months for his materials to be sent;

Prove that the collision occurred because the driver was trying to avoid another accident that would have had more serious consequences. Then his actions may be regarded as committed in a state of extreme necessity.

Using these simple methods, it is quite possible to drag out the case for a whole year and avoid liability.

If you were unable to escape the punishment, you can try to mitigate it in order to avoid deprivation of your rights and get away with just a fine. To do this you need:

• Actively assist traffic police officers and the court in the investigation of the case, contribute to a detailed establishment of the circumstances of the offense;
• Fully compensate for the damage caused;
• Express your remorse for the violation.

It is also important that the driver has not been subject to administrative penalties in recent months. This will significantly increase the chances of remaining with a driver's license in hand.

Filing a claim for personal injury in an accident

If the victim realizes the need to submit an application for payments to himself, then he must do this in accordance with Central Bank Regulation No. 431-P. it, in paragraph 3.10, contains a list of documents required to formulate an application:

• an application requesting reimbursement of insurance amounts;
• notification of a traffic accident;
• a certificate stating that an accident occurred;
• a copy of the protocol of the offense at the administrative level;
• a photocopy of the passport of the victim (or, in the event of his death, a relative).

These documents are the minimum required when filing an application for personal injury caused in an accident, without which the court application will not even be considered. In addition to these, it would also be useful to include:

• if the documents are submitted not by the victim himself, but by his representative, then a power of attorney will be required;
• if there are victims under the age of 18, parental consent;
• bank account details to which, if the situation is successful, funds will be transferred;
• documents from the medical organization that treated the victim;
• a document from the emergency medical service station staff confirming the initial diagnosis;
• a medical expert’s report indicating the period for which the victim lost his ability to work;
• documents on disability, if one was acquired as a result of an accident.

The successful outcome of the case can also be influenced by such papers as:

• certificates of income, family composition;
• marriage and birth certificates;
• death certificate of the victim.

The documents must be submitted to the company that insures the person responsible for the accident. If the offender does not have an insurance policy, the victim in the accident can apply to the Russian Union of Auto Insurers or directly to the court.

IMPORTANT

The insurance company will consider an application for compensation for damage caused to health in an accident within 30 days, after which it will either make a payment or refuse, indicating the reasons. If the decision on payments was made positively, but the money does not arrive in the account, then the company will have to bear responsibility for its actions. Every day of delay is punishable; the organization will have to pay a fine.

claim for compensation for damage caused to health in an accident.

It is important that the insurance company can compensate for the damage caused only to a certain extent - no more than 500,000 rubles. If there are multiple injuries, the amounts may add up. Depending on the type of damage in an accident, compensation may be:

• fracture of the nose or damage to the eye - up to 50,000 rubles;
• concussion – 25,000 rubles;
• rib fracture – 10,000 rubles;
• loss of teeth – 100,000 rubles;
• leg amputation – 250,000 rubles;
• broken arm – 100,000 rubles;
• burns – 200,000 rubles;
• kidney damage RUB 150,000;
• removal of a lung – 300,000 rub.

Attention:
If the victim needs large amounts of compensation, then he can go to court for the difference between the required amounts of payments and the amounts transferred by the insurance company.

Serious bodily injury in a road accident, Article 264 of the Criminal Code of the Russian Federation

When serious harm to health has been caused as a result of an accident, you need to think about criminal liability. In many ways, the qualification of an act depends on whether it was committed intentionally or not.

After all, it happens that a deliberate collision with a pedestrian, a citizen towards whom there is hostile relations, is permitted deliberately out of a sense of revenge or other motives. In such a situation, Art. 111 of the Criminal Code (Criminal Code of the Russian Federation), namely paragraph “c” of Part 2. It states that bodily injuries are inflicted in a generally dangerous way. And the use of motor vehicles falls well within this case.

If, as a result of the described criminal actions, a person dies after a while, then the conversation is already about murder. Responsibility for it comes under Article 105 of the Criminal Code of the Russian Federation.

In the event that an accident with serious bodily injury occurs unintentionally, the Criminal Code of the Russian Federation has a separate article - 264. It consists of 6 parts that determine the punishment for the driver depending on several qualifying criteria.

Factors that increase liability:

• alcohol intoxication, being under the influence of drugs or psychotropic drugs;
• leaving the scene of an accident;
• death;
• the presence of two or more victims.

For criminal prosecution, it does not matter who the injured party is. This could be another driver, a passenger, or a pedestrian.

In addition, punishment is inextricably linked with non-compliance with traffic rules. Therefore, in their verdicts, courts describe in detail which points of the rules the accused violated.

Progress in the case of personal injury in an accident

The procedure for considering cases of compensation for personal injury in an accident is as follows:

1. The review must be carried out with the participation of the prosecutor.
2. Moral damage can only be recovered from the car owner who caused the accident, since this category of damage does not apply to insurance payments.
3. If there is a fact of reimbursement of funds to cover the restoration of health, the plaintiff can re-apply for payments if, after a course of therapy, new circumstances are discovered that were not previously known, or if the course of the disease has become more complicated. Submitting claims that repeat previous ones, but with a new payment system, is not allowed.
4. If the insurer of the culprit becomes bankrupt, then the Russian Union of Auto Insurers participates in the reimbursement of funds.
5. If the payment procedure is not carried out in accordance with the law, then half of the difference between the amount required by law and the amount actually paid will be paid by the insurance company in the form of a fine.

Additional information
This procedure for reimbursement is regulated by the Civil Code of the Russian Federation, as well as Law No. 40, Rules for calculating the amount of insurance compensation for personal injury and Rules for compulsory motor third-party liability insurance.

Causing by negligence

In some cases, the driver may be found not guilty of an accident causing serious injury. In accordance with Art. 24 of the Criminal Code of the Russian Federation does not recognize as a crime an act committed only for reasons that did not depend on the accused. This also includes cases involving death by negligence.

Please note that in this case, a person who drove a vehicle with a technical defect that could not have been noticed earlier may be found innocent. In other cases, the standard punishment procedure will be applied in accordance with Art. 264 CC. It should be noted that a person who is involved in an accident while intoxicated cannot be found innocent due to negligence.

Judicial practice on compensation for harm

Judicial practice includes many cases where there was full compensation for damage to health in an accident:

1. Light harm. While driving, the accused did not take into account poor visibility and unsuitable weather conditions and caused an accident with a pedestrian. The victim received facial injuries that were classified as causing minor harm to health. First aid to the pedestrian was provided by the person responsible for the accident. At the trial, she fully admitted her guilt and repented. The decision is an administrative fine in accordance with the Code of Administrative Offenses.
2. Average harm. The car owner, unable to control the car, drove into a pole, as a result of which the passenger received injuries that were later classified as moderate harm to health. The defendant was sentenced to deprivation of his license, the cost of treatment of the passenger was reimbursed by the insurance company.
3. Serious harm. When the defendant slightly exceeded the speed limit and lost control of the situation, a collision occurred with a pedestrian. As a result of the accident, the victim received serious injuries. However, since the latter was drunk at the time of the collision and was crossing the intersection on a red light, the parties reconciled in court, and the criminal case was dropped. The culprit partially compensated for the damage suffered by the pedestrian.
4. Moral harm to health. Cases of such compensation are becoming more and more common. It is worth noting that you will have to appeal with documents proving the presence of severe psychological conditions of the victim. Simply relying on the fact that the innocent person in the accident was very upset will not be enough. In judicial practice in Russia, there are cases of payment of moral damages, but the amounts are usually small. From 10,000 to 30,000 rubles. Anything that goes beyond these limits is considered to be very serious cases and is considered with special attention. Thus, the guardian of two orphaned children was able to obtain compensation in the amount of 250,000 rubles.
5. Serious harm caused by negligence. Even if the actions of the accused did not contain malicious intent, he will still have to answer for his actions. In judicial practice, there are many cases where the driver lost control of the steering wheel due to bad weather conditions. Passengers and pedestrians injured in such accidents may well count on compensation payments, but the court will be less strict when making a decision.
6. Death in an accident. Such situations are treated favorably in court. Of course, relatives have the right to receive compensation. Funds spent on burial and monetary compensation for expenses that arose in connection with the death of the victim can be returned. It is worth noting that the court often satisfies such requirements. Thus, the mother of the deceased young man, who was her only breadwinner, managed to recover 500,000 rubles from the culprit. However, the presence of these facts does not mean that arbitrariness reigns in this matter. The court strictly evaluates each situation.

Attention
Despite the size of compensation for an accident, it is important to remember that health can be lost irretrievably, and that the person responsible for the accident may repent of what he did. Any process must begin with negotiations, and only then go to court.

Causing moderate damage to the health of a victim in an accident

Average harm to health in a road traffic accident is a short-term health disorder that does not pose a threat to life, or an inability to work at less than a third. For example, this could be an injury to the arms or legs or a minor concussion. This means that the victim received treatment for more than three weeks. Residents of our country are in no hurry to defend their rights and demand compensation. But this is a very serious matter, since a person is incapacitated for some time and experiences certain difficulties.

In addition to moral damages in an accident, the injured party has the right to claim lost profits from the at-fault driver.

Nuances

The owner of a car involved in an accident with victims does not always have to bear responsibility for what happened. Exceptional cases are when:

• the accident occurred as a result of the theft of a vehicle, and the fact that the driver was not the owner of the car has been proven;
• the accident was influenced by natural or some force majeure, for example, if a pedestrian fell under the wheels through his own fault;
• the car was driven by another person who is not the owner of the vehicle;
• the accident occurred as a result of vehicle breakdowns (the court will take this into account as a mitigating circumstance), and responsibility can also be shifted to the agency that carried out the technical inspection of the vehicle.

In some cases, collisions with pedestrians become a misunderstanding in which both are to blame, but the driver still has to bear responsibility.

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The procedure for considering cases with victims

An accident with victims requires a special algorithm of actions by law enforcement officers, as well as extreme care on the part of the driver when drawing up a report.

What do traffic police officers record?

Registration of an accident in the presence of victims requires the mandatory presence of traffic police officers. The obligations of authorized persons include:

1. Prompt arrival at the scene of the incident.
2. Conduct an inspection of participants. Provide first aid services in case of an accident with victims. Call a team of doctors.
3. Objectively determine the circumstances of the accident. Find witnesses and record their details.
4. Take measures to preserve physical evidence relevant to the situation.
5. Create a detour or regulate traffic.
6. If one of the participants disappeared, find out the direction of the car’s movement and transfer the information to the duty officer at the post.
7. Take photographs and draw up a diagram of the accident.
8. Draw up a protocol.

The analysis is carried out by employees of the State Traffic Inspectorate together with the administrative practice group. A high-quality study of the details of the incident is carried out, the causes are established, and the culprit is determined.

The accident report must contain information:

• about location;
• width of the roadway, number of traffic lanes, current markings and signs along the route;
• if available, indicate fences, traffic islands, public transport stops, green spaces;
• the position of the cars after the incident, brake marks, location of damaged parts;
• direction of movement of the participants in the accident.

The protocol states:

1. Employee's procedure.
2. Condition of the road.
3. Availability of markings.
4. Illumination.
5. Traffic light and its serviceability.
6. Other circumstances.

Both documents are signed by the participants.