The amount of compensation for moral damage in case of moderate harm to health; is it possible and how to arrange payment for bodily injury?

In 2016, we were contacted by a client who was a victim in a criminal case initiated under Part 1 of Art. 112 of the Criminal Code of the Russian Federation. As a result of the crime committed against the principal, he suffered harm to his health. At the time of the client’s appeal to the board, the criminal case was suspended, no investigative actions were carried out for a long time, and more than 1 year and 6 months had passed since the crime was committed. The crime under Part 1 of Art. 112 of the Criminal Code of the Russian Federation belongs to the category of minor gravity and the statute of limitations for bringing to criminal liability in such cases is 2 years. The “red tape” in the case and the reluctance of the investigative bodies to bring the culprit to justice were clearly visible. Since the principal first of all wanted the perpetrator to bear responsibility for the act he committed, it was decided to achieve the reopening of the criminal case by appealing against the illegal actions of the investigative body, which was achieved. The criminal case was resumed, the necessary procedural steps were completed, after which the case was sent to court with an indictment. However, during the time of appealing the actions of the investigative body and the necessary time to send the case to the court, by the time the court considered the case, the statute of limitations for criminal prosecution had expired, the defendants filed a petition to terminate the criminal case after the expiration of such a period, the case was dismissed, the defendant did not suffer criminal punishment . However, such a basis for terminating a criminal case is not rehabilitative, and does not at all mean the innocence of the defendant and does not relieve him of the obligation to compensate for the damage caused by the crime. The accused refused to voluntarily compensate for such damage to the victim. It was decided to recover the damage caused through civil proceedings.

Classic concept of harm

Any legal institution can exist in several interpretations and typologies. is an offshoot of the classical institution of harm. The latter represents the actual violation, destruction or derogation by one subject of the legal rights of another person. That is, damage is caused to a person or organization, expressed in losses. In this case, harm can be of two types: material and moral. Material in all cases has a price expression. In other words, the damage is caused directly to the property. For example, one person breaks the door of another's car. As for moral damage, its legal structure is more complex. This is due to the absence of property damage.

What is civil law

Moral harm is an institution that was introduced and still exists in civil law. In this case, it is impossible to consider the features of the category without understanding the key provisions of its title industry. Thus, civil law is a set of legal norms that regulate property and non-property relations that arise on an equal basis between subjects. Many scientists today consider civil law to be the basis of jurisprudence in general. Of course, this issue is controversial, but the major role of the industry in the legal system of the Russian Federation cannot be denied. In fact, it is she who regulates a person’s daily life. After all, a banal purchase on the market is an example of the process of purchase and sale, which falls within the scope of civil law. In turn, moral harm is called one of the key industry institutions.

How to calculate the cost

In order to calculate the damage caused by a crime, you must first contact a lawyer. It will help you determine harm.

But if you don't have that option, you can do it yourself using a number of approaches. This is a study of judicial practice that will help you better understand how much damages you can expect.

Also, you can open the civil code and read article 151 called moral damage.

In these simple ways you can calculate the harm that has been done to you.

And below you can see the text of the law, Article 1079 of the Civil Code of the Russian Federation. Liability for harm caused by activities that create an increased danger for others.

Article 1079 of the Civil Code of the Russian Federation. Liability for harm caused by activities that create an increased danger to others

Legal entities and citizens whose activities are associated with increased danger to others (use of vehicles, mechanisms, high-voltage electrical energy, nuclear energy, explosives, potent poisons, etc.; carrying out construction and other related activities, etc. .), are obliged to compensate for damage caused by a source of increased danger, unless they prove that the damage arose as a result of force majeure or the intent of the victim. The owner of a source of increased danger may be released by the court from liability in whole or in part also on the grounds provided for in paragraphs 2 and 3 of Article 1083 of this Code. The obligation to compensate for damage is assigned to a legal entity or citizen who owns a source of increased danger on the right of ownership, the right of economic management or the right of operational management or on another legal basis (by lease, by power of attorney for the right to drive a vehicle, by virtue of an order of the relevant body on transferring to him a source of increased danger, etc.).
The owner of a source of increased danger is not liable for damage caused by this source if he proves that the source was removed from his possession as a result of the illegal actions of other persons. Responsibility for damage caused by a source of increased danger in such cases lies with the persons who unlawfully took possession of the source. If the owner of a source of increased danger is guilty of illegally removing this source from his possession, liability can be imposed on both the owner and the person who unlawfully took possession of the source of increased danger.
Owners of sources of increased danger are jointly and severally liable for damage caused as a result of the interaction of these sources (vehicle collisions, etc.) to third parties on the grounds provided for in paragraph 1 of this article.

Can and how can a defendant in court reduce compensation?

The defendant can reduce the claim without any further questions if the victim is trying to deceive the court or has incorrectly assessed the damage caused. To do this, the defendant needs to familiarize himself with the statement of claim, as well as consult with a lawyer regarding the issues of a correctly assigned claim for moral damages.

Also, it is necessary to remember that sometimes plaintiffs exaggerate their claims for damages. This means that any amount assigned can be called into question (see objection to the recovery of moral damages).

Also, the defendant may demand relevant documents from the plaintiff, which will prove the fact that the citizen actually received the specified moral damage.

Features of determining the amount of moral damage to a pedestrian and passenger

The amount of compensation is always determined at the discretion of the judge, taking into account the circumstances of a particular accident, the personalities of the culprit and the victim, the degree of relationship with the deceased, taking into account the requirements of reasonableness and fairness.

First. The difference between a pedestrian and a passenger is that the passenger, as a rule, is not to blame for anything (well, except perhaps for not fastening his seat belt), but the pedestrian himself can cross outside the pedestrian crossing zone and be to blame for his injuries or death. The bad news for you, if you are a driver, is that the latter’s fault will not save you from paying compensation; it will be awarded in any case, since the car is a source of increased danger, but it can be reduced due to the gross negligence of the victim himself.
Second. With some exceptions, usually a collision with a pedestrian is carried out by one car, which means that claims for moral compensation are presented to one driver (the owner of the car). And if an accident occurs as a result of a collision between two or more cars, and passengers suffer, then claims can be made against all drivers. In this case, drivers are liable jointly. This means that at least someone will be able to receive what they were awarded.

If a child is injured

The harm caused to a child's health in an accident is usually greater than for adults, due to the fact that children are small and fragile. In the event of the death of a child, both parents can apply for compensation, which increases the total amount of compensation.

Let's get back to the jurisprudence again.

The Sverdlovsk Regional Court in case No. 33-2822/2020 awarded moral damages in the amount of 200,000 rubles,
Supreme Court of the Republic of Bashkortostan in case No. 33-4444/2020 – 2 x 50,000, 1 x 25,000, 2 x 5,000,
Sverdlovsk Regional Court in case No. 33-4320/2020 – 1 x 150,000, 1 x 200,000 rubles,
Vladimir Regional Court in case No. 33-223/2020 - the recovery of moral damages was refused.

Step-by-step instruction

In order to receive compensation for moral damage, you need to file a claim as part of a criminal proceeding or separately based on the results of recognizing an accident at work. If there was a simultaneous material loss, it is permissible:

combine penalties for moral and material damage in one application;
file two claims at the same time;
bring claims at different times, independently of each other.

Jurisdiction

The indicated issue is resolved in a court of general jurisdiction of the first instance at the place (district) of the defendant’s residence in accordance with, or at the place of consideration of the criminal case. In a criminal case, a claim may be filed in the following order:

simultaneously with the consideration of a criminal case;
after the court decision is made, based on the extract received.

Statute of limitations

The general limitation period according to Article 196 of the Civil Code of the Russian Federation is 3 years from the date of receipt of average harm to health. In such matters, the statute of limitations is canceled if previously caused harm has become the cause of new grave circumstances. For example, the consequences were felt after several years and led to a chronic illness, constant pain or loss of ability to work.

Article 196 of the Civil Code of the Russian Federation. General limitation period

The general limitation period is three years from the date determined in accordance with.
The limitation period cannot exceed ten years from the date of violation of the right for the protection of which this period was established, except in cases established.

However, to extend the period, it will be necessary to restore the cause-and-effect relationship and prove that the cause lies in previously received injuries.

Features of drawing up an application

Recovery is required by a statement of claim drawn up in the form established. The header of the application is drawn up according to the general form. Name of the document: “Statement of claim for recovery of moral damages for causing harm to health of moderate severity.”

The cost of the claim is indicated at the very beginning of the document, after its name. It is entered in numbers and in words. After indicating the amount to be recovered, the main text of the application follows, which provides detailed and convincing justification for the legality of the recovery.

For your information! The text begins with the circumstances of the crime, or a description of the accident certified by the act.

Immediately you need to send a reference to the details:

accident report;
traffic police report on road accidents;
materials of the criminal case;
extracts from a court decision in a criminal case.

After this, a list of injuries received is given, indicating that they are characterized as harm to health of moderate severity. An appropriate link is provided to the conclusion of the Bureau of Medical Examiners and other documentation. The following text depends on the situation:

It can begin from the moment the crime was committed or from the background of the incident, if this is related to the moral suffering of the plaintiff.
You can succinctly list the injuries sustained and the amount of pain the plaintiff experienced.
Be sure to focus on the abusive or negligent attitude of the perpetrator towards the victim.

After setting out the circumstances of the case, a petition to the court is formulated, which consists of a request:

admit the claim;
recover the amount of the claim from the perpetrator (indicate in numbers and words).

At the end, a date, signature and a list of attachments from among the documents that are attached as evidence are indicated.

claim for compensation for harm to health of moderate severity and moral damage
claim for compensation for harm to health of moderate severity and moral damage

Documents and evidence

Everything stated in the application must be supported by evidence. Evidence may include the following official documents:

accident report;
extract from the court decision;
a certificate from the police department confirming the transfer of the criminal case to court;
conclusion of the bureau of forensic examination;
opinions of independent experts;
extracts from the medical history;
documents confirming the completion of psychological rehabilitation.

In addition, photographs and video materials, oral and written testimony can serve as evidence.

Attention! If the victim is in the hospital, he has the right to issue a power of attorney certified by the chief physician, transferring it to an authorized person. .

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.

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Determination of severity

Damage caused to health in an accident is determined based on the results of a forensic medical examination. It is performed by qualified doctors with forensic medical examiner diplomas. If necessary, the commission includes specialists from other medical fields - obstetricians-gynecologists, therapists, narcologists, traumatologists, psychotherapists, etc.

There are no private companies involved in determining damage to the life and health of persons injured as a result of road accidents. Research in this area is carried out only by state forensic medical institutions.

The commission, which meets by order of the investigative body, prosecutor's office or court, studies the consequences of the collision based on:

honey. kart;
photographs;
traffic police protocols and resolutions;
testimony;
reports from ambulance doctors who arrived at the scene of the collision.

If necessary, an additional examination of the victim is carried out. When determining damage caused to health in an accident, experts use regulatory documents: approved by the Government of the Russian Federation, as well as a document dated 2008 -. According to them, there are 3 degrees of harm:

Slight harm to health. An injury that is characterized by:
minor loss of ability to work – up to 10%;
Average harm to health. Causing harm to health of moderate severity in an accident is characterized by:
loss of general ability to work – by 10-30%;
Serious harm. In these situations, criminal liability arises. The culprit of an accident is deprived of liberty for 3-9 years and an additional driver’s license for 3 years. As a result of severe injuries, a person receives a disability group (temporarily or permanently) and loses the ability to work. This degree of damage includes bodily injuries in which irreparable damage is caused to the health of a citizen. This category includes:
disease of substance abuse or drug addiction;
dislocations with displacement;
traumatic brain injuries;
severe burns;
loss of speech, hearing or vision;
abortion;
development of various types of failure (heart, kidney, etc.);
serious psychological deviations, etc.

After the study, forensic experts draw up a conclusion. It reflects the degree of harm to the health of the victim in a traffic accident.

In what cases is compensation provided for by law?

The need for compensation for moral damage is mentioned in the following regulations:

Labor Code of the Russian Federation (Article 237) - when harm is caused to an employee by the employer;
Code of Criminal Procedure of the Russian Federation (clause 2 of Article 136) - in relation to rehabilitated persons;
Family Code of the Russian Federation (clause 4, article 30) - for a spouse who turns out to be in good faith when the marriage is declared invalid;
Law “On Information...” dated July 27, 2006 No. 149-FZ (clause 2, article 17) - in a situation of disclosure or use of information not intended for this purpose;
Law “On Basic Guarantees of the Rights of the Child...” dated July 24, 1998 No. 124-FZ (Clause 1, Article 23) - in case of such harm being caused to a child;
Law “On the Fundamentals of Tourist Activities...” dated November 24, 1996 No. 132-FZ (Article 6) - when the organizers of the trip do not comply with the terms of the contract concluded with the tourist;
Law “On the Mass Media” of December 27, 1991 No. 2124-1 (Article 62) - when disseminating information that does not correspond to reality;
Law “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1 (Article 15) - when harm is caused to the consumer if the seller is at fault;
Law “On Advertising” dated March 13, 2006 No. 38-FZ (clause 2, article 38) - when disseminating false information about the object;
Law “On Compulsory Social Insurance...” dated July 24, 1998 No. 125-FZ (clause 3 of Art. - in the event of an accident at work or an occupational disease;
Law “On the State Civil Service...” dated July 27, 2004 No. 79-FZ (Clause 16, Article 70) - in case of unlawful removal from office or illegal dismissal of a civil servant;
Law “On Environmental Expertise” dated November 23, 1995 No. 174-FZ (clause 2 of Article 34) - when such an expertise violates the rights of a citizen;
Law “On the Procedure for Considering Appeals...” dated 05/02/2006 No. 59-FZ (Clause 1, Article 16) - in case of unlawful actions or inaction of a government agency in response to a citizen’s appeal;
Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ (clause 2 of Article 23) - in case of unjustified dismissal from service of contract military personnel;
Law “On Personal Data” dated July 27, 2006 No. 152-FZ (clause 2 of Article 17) - when the operator violates the rights of the subject of personal data;
Law “On Combating Terrorism” dated March 6, 2006 No. 35-FZ (clause 1.1, Article 18) - for persons affected by a terrorist attack.

The right to compensation for moral damage arises regardless of whether there is compensation for material losses (clause 3 of Article 1099 of the Civil Code of the Russian Federation).

Rules of insurance payments for personal injury

According to the general rules, auto liability insurance applies not only to damage caused to movable property, but also to cover damage to the health of an unwitting participant in the incident.

If the cost of damage to a car is calculated based on the need for repair work and the purchase of parts, then compensation for damage is calculated according to special rules. The maximum amount for damage caused to health under compulsory motor liability insurance since 2015 has been 500 thousand rubles. This is the amount that an injured driver who has temporarily or completely lost his health has the right to count on.

The latest changes to compulsory motor liability insurance for damage to health were adopted in 2015 and affected the following provisions:

The maximum amount of half a million rubles can be received by close relatives of a driver who died as a result of a traffic accident.
When a claim for payment is made by several relatives of the deceased, the amount will be distributed among all in equal shares. The basis for making a payment will be the application of each of them to the insurance office.
Compensation can be received after a diagnosis has been made and treatment has been prescribed, without waiting for the end of the recovery course. This will allow the victim not to worry about finances during the recovery period.

Payment under compulsory motor liability insurance does not deprive the victim of the right to file a claim in court demanding coverage of expenses. The main thing is that there are documents confirming the fact of violation on the part of the guilty driver.

Introduction of new rules

When planning to receive compensation in 2022, the driver should take into account that the new rules apply only to policies obtained recently. If the culprit has not yet renewed the insurance policy, the payment will be made based on the previous conditions, i.e. the amount of the transfer will not exceed 160 thousand rubles.

Determination of the amount will depend on the date of registration of insurance by the at-fault driver, regardless of when the compulsory motor liability insurance was purchased by the injured driver.

I am the culprit - is it possible and how to reduce the amount of moral damage?

I just mentioned this above. One of the most effective ways in 2022 to reduce the amount required from you is to enter into a settlement agreement for a smaller amount. True, you will have to pay it off immediately. Otherwise, this option will become completely uninteresting to the injured party.

The court can also reduce the size of the moral code. It is he who needs to prove that there was no suffering and anxiety, or there was, but not so strong. Maybe the plaintiff has a lot of money and lives in abundance, but the culprit has children, a wife, loans, etc., and no money. Then the court will take this fact into account and, possibly, reduce the amount of payment of moral damages.

Moral damage in an accident and its recovery

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

How to compensate for damage caused to health

Harm to health occurs:

Light;
Moderate;
Heavy.

Of course, here it is immediately intuitive that the most serious liability arises in the case of serious harm, but it is worth considering all categories.

Minor harm to health is usually considered to be a minor permanent loss of general ability to work or harm to health that resulted in a short-term health disorder for a period of up to 21 days from the date of any injury.

Harm to health of moderate severity is considered harm that is not dangerous to human life, but as a result resulted in a significant loss of general ability to work, and impairment of health for a period of more than 3 weeks.

Serious harm to health is damage to health that is life-threatening to a person, usually expressed in loss of functionality of any organ, loss of vision, hearing, speech, termination of pregnancy, facial disfigurement, mental disorder, or permanent loss of general working capacity of at least 1/3 or complete loss of professional ability to work, meaning that a person will no longer be able to work in his specialty.

Any citizen has the right to compensation for harm caused to his health, and here the basis for collecting money is precisely the proven fact of the presence of injuries, mutilations and the fact that they were caused by a specific person, that is, a cause-and-effect relationship must be proven between the actions of the offender and the appearance of injuries

It is important to note that compensation for harm occurs if the fact of harm has been established, but not in all situations you can count on compensation, and below are situations when the damage will not be compensated:

A situation where harm to health was caused at the request of the victim or with his consent, but it is very important that the moral principles of society were not violated in the process of causing harm;
If the person who caused the damage acted under conditions of extreme necessity and the inflictor of harm simply had no other options;
The harm was caused due to necessary self-defense.

These are all situations where damage to health will not be compensated.

The person who caused the harm or the person who will be found responsible for causing the harm shall compensate for damage. For example, the responsible person may be the parent of a minor, or an insurance company if the victim was insured against such situations.

There are 2 options for solving the problem. Such a problem can be solved both in court and in pre-trial order, by concluding an agreement, but I’ll tell you it’s rarely possible without a court, because, as always, the causer does not want to compensate for the damage and will avoid it by all means.

Injury can be intentional or unintentional

Russian legislation also distinguishes cases of harm to health into the following categories: 1) intentional; 2) unintentional (Articles 111, 112, 113 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), as well as Articles 25-28 of the Criminal Code of the Russian Federation).

Intentional mutilation always has its own motives and pursues its own goals, and a crime committed in a state of passion with a punishment of correctional labor rather than monetary payment will be recognized as unintentional.

To understand what the penalty for causing moderate, mild or severe bodily harm is, you also need to see the difference between these divisions.

Why compensation may be reduced

The amount that the injured person wants to recover from the culprit of the accident for moral damages must be fully justified. You cannot specify a huge amount and expect the court to satisfy such a claim. Many judges use similar cases from judicial practice to determine the amount of the penalty. Therefore, an experienced lawyer, knowing the peculiarities of considering such cases, will definitely give his client advice on determining the amount.

Defendants often try to reduce the amount of compensation for both physical injuries and mental suffering. But if with material damage everything is simple, since there is real evidence of losses incurred, then the amount of moral damage is always subjective. Therefore, the culprit of the accident and his lawyer will do their best to insist on a reduction in the amount.

To receive good compensation for mental suffering resulting from an accident, you must provide real evidence of your condition. You will need not only a medical report, but also witness testimony. Nevertheless, it is still worth going to court, since claims for moral compensation are satisfied very often.

Results

Moral harm is expressed in physical and moral suffering that becomes for the injured citizen as a result of unlawful actions or inaction of any person.
The legislation of the Russian Federation provides for the payment of monetary compensation for damage of this kind. There are no specific rules for calculating its size, and the assessment is made based on qualitative indicators. As a rule, such an assessment is carried out by the court, which must take into account both all the circumstances accompanying the situation of causing moral harm, as well as other aspects important for its assessment. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

How is the amount of compensation determined?

The amount of payments is regulated by Government Resolution No. 1164, its appendix (tables with standards), as well as Resolution No. 150, depending on the severity of the disease received and the consequences for the future victim (loss of ability to work, movement, etc.).. More details about the maximum amount Payments under compulsory motor liability insurance can be found here.

Lost earnings during the period of treatment are established as a percentage of the amount of average monthly income before the accident or before loss of ability to work (these are the requirements of Article 1086 of the Civil Code of the Russian Federation).

If the official income of the victim is very modest, then it will not be possible to receive a large amount of compensation. In the case where he works unofficially or without registration of a part-time job, compensation will also not be available.

The severity of harm to health is determined by a forensic medical examination, after which an expert’s opinion and an Inspectorate Report are drawn up (more information about the assessment of harm to health can be found here).

The amount of payment in terms of compensation for necessary expenses is calculated by multiplying the insured amount indicated for the risk of harm to the health of the victim per victim by standards expressed as a percentage.

The amount of insurance compensation due to disability is:

Group I – 100%.
Group II – 70%.
Group III – 50%.

Important! If treatment costs exceed the amount of compensation for damages in an accident, the insurer reimburses them, but only if it is confirmed that the victim needed these types of assistance, as well as with documentary evidence of the amount of lost earnings.

Health Injury Compensation Table

Next in the table, look at the amount of payments under compulsory motor liability insurance based on the nature and degree of health damage. To display the data, click “Show”.

Table 1. Standards for determining the amount of insurance in case of harm to the health of the victim, as well as for determining the amount of compensation to compensate for the harm caused to the health of the victim, based on the nature and degree of damage to health

Cases of judicial practice

Practice shows that some plaintiffs quite realistically receive compensation appropriate to their case, which could cover moral damage. Let's give a few cases.

One of the minor visitors (the girl was 13 years old) was examined by a doctor in the gynecological office for a school medical examination, as a result of which there were bruises on her legs. The girl came home all in tears. Her mother sued this doctor for rude treatment of patients, and even a minor child.

There is information about cases of compensation for moral damage caused to an employee in the article: compensation for moral damage caused to an employee. Whether state duty is paid for moral damage, read here.

This page will tell you how to draw up a claim for compensation for moral damage as a result of an accident.

There were no documents from the psychologist who could at that time confirm the girl’s serious mental state. As soon as the bruises were photographed with a camera, the date and time of the photographs were indicated. As a result of two months of proceedings, the woman and the child won the case, and the doctor had to pay for moral suffering in the amount of 35,000 rubles.

You can also cite the case of litigation between two neighbors, one of whom was bitten by the other neighbor's dog. Both citizens live on the same landing and have constantly quarreled over a dog before.

But one day, during another quarrel, the neighbor deliberately released his dog on his opponent with the words: “Fast, Garik!”, which ended up severely biting the victim. Other neighbors also saw everything that happened, two of whom agreed to testify in court.

As a result of the trial, the culprit neighbor paid for his neighbor’s treatment and compensation for personal injury in the amount of 3,500 rubles. , and also had to pay him moral damages in the amount of 25,000 rubles.

However, by agreement of the parties, instead of money, he covered the damage with his tourist package to the Black Sea. Although, in fact, according to the law, he had to pay the money.

Moral damage, although not always closely related to physical injuries, can nevertheless lead to a number of disorders of the functions of the internal systems of the human body.

Therefore, Russian legislation takes this fact into account and protects citizens who have been subjected to:

insults;
humiliation;
pressure from those responsible.

Judicial practice shows that laws regarding compensation for mental suffering, both separately and in combination with harm to health, work and help alleviate the moral and mental suffering of victims.

Causing harm

In some cases, inaction may also be unlawful. For an omission to be considered unlawful, a person must be legally obligated to perform certain actions in the relevant situation. If, despite this, the person remains inactive, then such abstinence from action will be unlawful. For example, in accordance with Art. 127 of the Criminal Code (hereinafter referred to as the Criminal Code), any person is obliged to provide assistance to another if the victim is in a life-threatening condition. In this case, inaction will be unlawful. Sometimes an action that causes harm is recognized by law as permissible and, therefore, in this case it cannot be considered illegal and the possibility of an obligation arising from causing harm is excluded. The number of such cases is very limited. First of all, the necessary defense should be mentioned here. According to Art. 1066 part 2 of the Civil Code of the Russian Federation, damage caused in a state of necessary defense is not subject to compensation. A person is considered to be acting in a state of necessary defense if his actions are related to the protection of legally protected rights and interests in the presence of attacks on them. As an example, we can refer to a case where a person takes lawful actions to suppress hooliganism. Under such circumstances, the causer of harm is released not only from criminal liability, but also from property liability. At the same time, Art. 1066 part 2 of the Civil Code of the Russian Federation does not relieve the harm-doer from liability if he exceeded the limits of necessary defense.

Types and measures of responsibility

For causing minor harm to health, a citizen will bear only administrative liability, since there is no criminal offense here.

According to Art. 12.30 Code of Administrative Offenses of the Russian Federation, the perpetrator may be sentenced to the following types of punishment:

payment of a fine in the amount of 2500 to 5000 rubles ;
deprivation of a driver's license for a period of one to one and a half years.

An aggravating circumstance in which a person is given a more severe punishment is being under the influence of alcohol or drugs.

Compensation for damage to health

In legal publications, definitions such as “obligations arising from causing harm” and “liability for damage” are often used as identical. In this case, the second concept acts as the main one. Liability in civil legal relations involves the application of certain coercive measures to the violator. They are presented in the form of sanctions that have a property content. This provision applies to both non-contractual and contractual liability. However, the latter is also of a secondary nature. It in some way accompanies the obligation, coming into effect only in the event of a violation.

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:

We can talk about civil liability in cases where only cars are damaged in an accident.
It involves the payment of a fine by the culprit of the accident and property compensation for damage to the victim. Read about fines for road accidents in this article https://roadadvice.club/3382-razmery-shtrafov-za-dtp-v-year-godu-stati-kodeksa-diapazon-shtrafov-prakticheskie-situatsii
We are talking 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.

It is worth considering The Criminal Code clearly states that if death occurs within three weeks after a car accident occurs, then it will be considered as harm to health of moderate severity.

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.

According to statistics, in almost 85% of court cases involving hit-and-run pedestrians, the driver is found guilty. For more information about liability for a person who is hit, read the article here

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.

About the amount of insurance compensation According to current legislation, a concussion is estimated at 25,000 rubles, and loss of teeth at 100,000. Read more about the amounts of payments.

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.

Today, the Russian judicial system has developed specific amounts of compensation for moral damage in an accident of moderate severity. It all depends on the degree of damage the victim received. So, if injuries are of moderate severity, then the victim in an accident will be able to claim compensation in the amount of 50-70 thousand rubles. If the damage is considered insignificant, then this type of compensation will not exceed 10 thousand rubles.

Moderate harm

According to the Criminal Code of Russia, harm of moderate severity is characterized by temporary loss of ability to work, as well as a temporary health disorder that is not life-threatening to the victim . With average severity of the damage, the consequences of the damage affect the ability to work by less than one third. The average degree of harm caused is limited only by the consequences for the normal working capacity of the victim and harm to health. Most often, moderate harm includes injuries to the arms and legs, as well as non-fatal head injuries. We can talk about an accident with moderate harm to health when there are no consequences that are provided for in Article 112 of the Criminal Code of the Russian Federation.

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.

How to receive payments to victims of an accident

Payment of compensation is possible only if the victim submits an application to the insurance company of the culprit, documents confirming the fact of the accident and the resulting damage to health.

Pay attention to the highlighted word “culprit”, as the guilt of the participant in the accident must be immediately proven. Only then can you recover damages to health. . The procedure for compensation is prescribed in Art.

12 FZ-40. It is on the basis of this data that the amount is determined, which will then be paid to the clinic account, personal account or in cash to the victim.

The procedure for compensation is prescribed in Art. 12 FZ-40. It is on the basis of this data that the amount is determined, which will then be paid to the clinic account, personal account or in cash to the victim.

You can find out more about how to get money after an accident under compulsory motor liability insurance here.

Application to the insurance company for compensation

The victim or his legal representatives write a statement in any form indicating the date, place of the accident, all the circumstances of the case with reference to the certificate of the accident.

The document indicates what damage was received and how it is confirmed. Bank details for transferring funds are also provided.

The statement is signed personally by the victim. At the end of the document all papers that are provided as attachments are indicated.

Application for payment of insurance compensation in connection with damage to the life, health or property of the victim

More information on how to submit an application to an insurance company for compensation under MTPL can be found in this material.

Prepare documents

The list of papers depends on the severity of the disease and other circumstances of the case. It is mandatory to submit a copy of the compulsory motor liability insurance policy and the victim’s passport (or a power of attorney if a representative applies), copies of accident certificates, a protocol, a resolution on an administrative offense, so that the insurer can make sure that there was an accident and you have the right to claim payment.

In the event of the death of the victim, a death certificate is submitted, in case of illness - an extract from the medical history, receipts for payment of medical services, purchases of medicines, a medical report on the results of the examination on the degree of disability, and a certificate of incapacity for work. If there were additional expenses during treatment, then you need to confirm them with receipts, contracts, checks.

To reimburse income, you must provide a calculation of the average salary during the period of incapacity (a certificate is taken from the employer’s accounting department), a 2-NDFL certificate and sick leave (closed).

Grounds for refusal of a claim

Courts do not always satisfy the plaintiff’s demand for compensation for moral damage caused. A number of the following reasons may be to blame.

Insufficient documents attached to the claim (some checks or other payment documents confirming the amount of property damage are missing).
Unreliability of evidence in general (for example, the testimony of witnesses does not fully confirm the suffering of the victim or a video recording with a missing date and time was presented).
The court's suspicion is that the plaintiff decided to enrich himself at the expense of the defendant, indicating a disproportionate amount of moral damage to the amount of damage to health.

If the court makes a decision not in favor of the victim, all expenses incurred by the defendant (that is, the guilty person) will be borne by the plaintiff.

Therefore, when filing a claim for compensation for moral damage, it is important to carefully prepare for the court hearing , clearly substantiate your legal position and present all documents proving it. Or seek help from a lawyer who, in a short time, will collect all the necessary information and go to trial.