Compensation for moral damage resulting from a traffic accident

What Is a Road Traffic Accident?

A road traffic accident (RTA) is an event that occurs during the movement of a vehicle and results in harm to people’s health or damage to property. An RTA may occur through the fault of one or several road users, and the consequences can range from minor vehicle damage to serious injuries or death.

The Importance of Compensation

Compensation for damage caused by an RTA is a key element in restoring justice and ensuring that the victim receives adequate redress for the losses incurred. Compensation may include reimbursement for material (property) damage, harm to health, as well as non-pecuniary (moral) damage suffered as a result of the accident. Every RTA victim—whether a driver, passenger, or pedestrian—has the right to claim compensation.

Overview of Non-Pecuniary (Moral) Damage

Moral damage caused by an RTA refers to non-property losses arising from the moral or physical suffering the person has endured. Moral damage may be associated with physical pain, emotional distress, disruption of normal life, harm to reputation, or other negative consequences linked to the accident. Compensation for moral damage aims to redress the moral and emotional losses suffered due to the RTA.

Compensation for Moral Damage in RTAs

Criteria for Assessing Moral Damage

Determining the amount of compensation for moral damage caused by an RTA is complex, as it pertains to non-property losses arising from moral or physical suffering. When considering a claim, the court evaluates the nature and extent of the suffering (both physical and emotional) endured by the person, as well as its depth. The victim’s state of health before and after the accident, the severity of injuries, and their impact on future life are significant factors. The degree of the at-fault party’s culpability also affects the amount awarded for moral damage.

Procedure for Recovering Moral Damage After an RTA

The process of recovering moral damage begins with filing a claim with the court. The statement of claim must clearly substantiate the claimed amount of moral damage and prove the causal link between the accident and the suffering incurred. Evidence should be attached to the claim to confirm the fact of the accident, the at-fault party’s liability, the nature and extent of the suffering, medical records, expert opinions, and so on. You may also seek legal assistance to prepare the claim properly and obtain representation in court to protect the victim’s rights.

Examples of Moral Damage

Moral damage resulting from an RTA can manifest in various forms. For example, it may stem from physical pain caused by injury or other harm to health sustained in the accident. Moral damage may also arise from emotional distress due to the loss of a loved one in an RTA or from the inability to continue one’s usual way of life. Harm to health, damage to a vehicle, and other non-property losses due to moral or physical suffering that affected the victim’s psychological state are likewise examples of moral damage. A natural person may suffer such damage in connection with the destruction or damage of their car. The amount of compensation for moral damage is determined by the court.

Legal Aspects of Damage Recovery

Civil Claim for Compensation

To obtain appropriate compensation for damage caused by an RTA, the victim has the right to file a lawsuit. The statement of claim is an official document that sets out the circumstances of the accident and substantiates the demands for compensation, including moral damage. It is important to describe in detail the nature and extent of the suffering endured as a result of the RTA and to provide evidence proving the at-fault party’s liability. The amount of moral damage claimed must be justified.

Insurance and Its Role in Compensation

Insurance plays a central role in compensating damage caused by an RTA. If the at-fault party has a valid insurance policy, the victim can obtain compensation for losses from the insurer. The insurance company pays compensation for property damage, harm to health, and also moral damage, in accordance with the policy terms and applicable law. The amount of compensation depends on the liability limits set by the at-fault party’s policy.

Court Procedure for Compensation Arising from an RTA

If the parties cannot agree on the amount of compensation, or if the insurer refuses to pay, the victim may bring the matter to court. The judicial process involves hearing the case on the merits, examining evidence, hearing the parties and witnesses, and issuing a court decision. The court’s decision is binding and serves as the basis for compensation. The amount of compensation for moral damage is determined by the court. The proceedings may include referring questions to experts.

How to Get Free Assistance for RTA Victims

If you have been injured in a road traffic accident, contact the law firm “Pravovyi Lider”—we provide a free initial consultation and help victims assert their rights. Our attorneys will assess the prospects of your case, assist with paperwork, prepare a lawsuit, and support you in dealings with insurance companies or the at-fault party. Submit a request on our website or call us—we’re on your side from the very first contact.