Court decision on K.'s claim against D. for compensation for material damage, compensation for moral damage caused as a result of an accident - Lawyer in Samara and Moscow - representation in court and legal services

Regardless of the degree of caution, care and caution exercised by road users, accidents involving vehicles occur quite often. As a result of an accident, in addition to damage to material property, it is also possible to cause damage to the health and life of people. In such a situation, the injured party has a legal right to demand compensation for moral damage.

If significant damage to health is caused after an accident, the victim has quite a lot of chances to receive compensation for moral damage.

What is moral damages in a road accident?

Moral harm refers to the suffering of a citizen, both physical and moral, as a result of the action or inaction of third parties (Article 151 of the Civil Code of the Russian Federation). In this case, the victim himself or his relatives have the right to demand compensation for damage. As a rule, moral damage caused in a road accident is expressed in a persistent loss of motor activity, the inability to lead a full, active life, and emotional distress associated with the incident.

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In the event of a car accident, moral damage can be expressed in the following form (Article 150; Article 1100 of the Civil Code of the Russian Federation):

regular pain after an injury received in an accident;
loss of the opportunity to work and, therefore, deprivation of a source of income;
psychological trauma in the event of the death of a close relative as a result of an accident;
loss of the ability to move independently, both permanent and temporary;
moral suffering due to deterioration in health after the accident;
disabling the car, which was the only source of income.

Payment for treatment and rehabilitation does not fall into the category of compensation for moral damage, since it is of a material nature (Article 1085 of the Civil Code of the Russian Federation).

The following may act as victims demanding compensation for moral damage after an accident (Resolution of the Plenum of the Armed Forces of the Russian Federation No. 1, paragraph 32, dated January 26, 2010):

a pedestrian who was hit;
the driver and passengers of the vehicle injured in the accident.

In cases where the victim is unable to apply for compensation due to the severity of the injuries received, or because he is a minor, or due to death, the amount of compensation for moral damage in an accident may be demanded by his immediate family.

What is moral damages in an accident?

Participants in a road accident have the right to demand compensation for property damage and nervous experiences during the proceedings. Assessing the degree of moral damage caused depends on the consequences of the accident. The presence of victims, the condition of the damaged car, and the well-being of the injured participant are the determining factors for filing a claim.

In case of an accident, recovery of moral damage is relevant in case of loss of close relatives, pain from injuries and stressful situations, temporary disability and restriction of the usual way of life, disclosure of confidential information. Damage to a car, which is the owner’s only source of income, is grounds for additional compensation in addition to compensation for material losses. Moral damages are not paid for treatment.

Who is entitled to compensation?

A claim for moral damages in case of an accident can be filed by citizens whose health was affected by the consequences of the emergency. Category of individuals entitled to claim compensation:

injured participants in a road accident;
relatives of the injured party;
legal representatives of the injured minor child.

Close relatives have the right to count on payments if the injured family member is unable to independently file a petition due to health reasons. Citizens who have received even minor injuries have the right to recover money from the culprit. Moral damages in an accident without injuries can be claimed by passengers of a car whose driver lost control for the stress they suffered.

Who reimburses

The insurance company, if it has MTPL or CASCO, does not pay moral compensation in case of an accident. Compensation for damage is assigned to the person responsible for the emergency. According to Art. 1100 of the Civil Code of the Russian Federation, a citizen who causes harm to another individual while driving a vehicle is obliged to pay money regardless of the consequences of the road accident. If the at-fault participant in the accident is the driver of a company car, then the statement of claim is sent to the employer if there is a formal employment contract.

Conditions for receiving compensation

A claim for compensation for material damage and moral damage in an accident may be filed even in the absence of physical damage. According to Art. 151 of the Civil Code, the main condition for collecting money from the culprit of the incident is the negative consequences of the mental state of the injured party. If a traffic rule violator has encroached on intangible benefits belonging to another citizen, he has the right to pay compensation before the trial or wait for a decision from a higher authority.

Normative base

In Art. 12 of the Civil Code of the Russian Federation, recovery of moral damages refers to one of the types of protection of civil rights. Also, the recovery of compensation for nervous experiences caused as a result of a car accident is provided for by Resolution No. 1 of the Armed Forces of the Russian Federation dated January 26, 2010. From the point of view of legislation, moral damages in a road accident have the following characteristics:

It is always assessed and paid in monetary terms (Article 1101 of the Civil Code of the Russian Federation).
In the event of damage occurring during the operation of the vehicle, compensation is made regardless of the fault of its owner (Article 1100 of the Civil Code of the Russian Federation).
The obligation to compensate for damage caused during the use of a potentially dangerous object (including a car) rests with legal entities and individuals using them in their activities.
If the owners of the vehicle prove that damage to property and health that caused moral suffering arose as a result of force majeure circumstances, then the obligation to pay compensation for moral damage in the event of an accident does not arise (Article 1079 of the Civil Code of the Russian Federation).
If the fault of the victim in the accident is revealed, the amount of compensation for moral damage in a traffic accident can be reduced, or the person who caused the damage is completely exempt from paying it (Article 1083 of the Civil Code of the Russian Federation).
In the case of an accident that resulted in the death of the breadwinner, refusal to compensate for moral damage is unacceptable, regardless of whether he was at fault in the incident (Article 1083 of the Civil Code of the Russian Federation).

When calculating the amount to be compensated, the requirements of fairness and reasonableness must be observed. This takes into account the severity of the damage caused, the duration of the loss of the ability to work, the financial condition of the person who caused the damage and his guilt. Even the fact that the victim is intoxicated cannot be an obstacle to him filing a claim for compensation for moral suffering caused to him as a result of the accident. If the car belongs to a company, and its employee was driving at the time of the incident, the employer will pay the amount of moral damages in the event of an accident (Article 1079 of the Civil Code of the Russian Federation).

Moral damage for minor injuries

By minor injuries, the legislation means a slight deterioration in health without loss or with a short-term period of loss of the ability to work (Article 12.24 of the Code of Administrative Offenses of the Russian Federation). To be included in this category of damage, it must meet the following criteria:

the period of sick leave should not exceed 3 weeks;
ability to work may be lost for a period of 1 to 20 days, or its overall persistent decrease should not exceed 10%.

Minor bruises, abrasions, cuts or scrapes are not considered minor injuries, but may be grounds for filing a claim for moral damages in an accident. The specific amount that will have to be paid in such cases has not been established anywhere. In practice, it ranges from 5,000 to 40,000 rubles. However, this does not deprive the victim of the opportunity to request as much as he sees fit, even 1,000,000 rubles. The problem is that the court will most likely reduce it to a reasonable limit anyway.

When determining the amount of compensation, the judicial authorities will take into account only the factual, proven circumstances of the incident.

It is quite difficult to receive significant amounts of money for a minor injury; therefore, victims often do not even try to do this.

Moral damages in case of an accident in questions and answers

Many of those who suffered in an accident think about the possibility of recovering moral damages. This applies to the drivers themselves, their passengers and pedestrians. Meanwhile, cases of this kind have their own specifics.

It is necessary to determine the appropriate defendant and independently assess the amount of damage caused. In this case, the court must take into account how adequate it is.

Below, as an example, are the consultants' answers to some questions. They can help you choose the right tactics when defending your own interests.

Limitation of actions

In 2021, I was seriously injured in a traffic accident. It took almost a year and a half for treatment and rehabilitation. Now I plan to recover moral damages from the culprit of the accident. I am interested in the following question: is there a statute of limitations for going to court?

Konstantin, Moscow.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 17 years of experience.

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In accordance with Art. 208 of the Civil Code of the Russian Federation, the limitation period, in particular, does not apply to claims for the protection of personal non-property rights. These include compensation for mental suffering.

Therefore, the statute of limitations does not apply here. However, practice shows that the earlier a claim is filed, the higher the likelihood of achieving the desired amount of compensation.

Ownership of the car by a legal entity

I got into an accident. The court found that the company's car was at fault.

Now I want to recover the moral damage caused to me. Tell me who should I address the claim to, the driver or the company?

Denis, Kolomna.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 17 years of experience.

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We must proceed from the fact that any transport is legally considered a source of increased danger. Therefore, responsibility for the damage caused lies with the owner of the car.

Therefore, the claim must be addressed to the enterprise. Documents are submitted to the district court in the territory where the organization is located.

Fatal accident

My husband was hit and killed by a car while crossing the road at a zebra crossing. The culprit of the accident fled, he was found and is currently under investigation.

Tell me, please, where should I go for compensation for moral suffering?

Valentina, Vidnoe.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 17 years of experience.

Ask a question

Since there has not been a trial yet, you need to submit a petition to the investigator to be recognized as a victim and a civil plaintiff. The claim itself is attached to it for the recovery of moral damages from the accused. You estimate its amount, and no state duty is required.

The decision on the merits of the claims is made by the court as part of the consideration of the criminal case. The specific amount of compensation will be reflected in the court verdict.

How much will the state fee cost for going to court?

He was seriously injured in a road accident and received the first group of disability. The person at fault for the accident did not have a compulsory motor liability insurance policy. The investigation revealed that it was not initially formalized.

I now want to file a claim to recover damages to health and moral damage from him in the amount of 200 thousand rubles. How much do I need to pay state fees?

Kirill, Moscow.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 17 years of experience.

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In terms of claims for harm to health, a state duty is not provided for in accordance with the Tax Code. For moral damages it amounts to 300 rubles, but the plaintiffs are exempt from it.

Moral damage for moderate injuries

According to Art. 12.24 of the Code of Administrative Offenses of the Russian Federation, the criteria for classifying an injury as moderate are:

sick leave lasting from 21 to 120 days;
loss of the opportunity to work no more than a third of the norm.

As a result, the category of moderate injuries in road accidents includes injuries that cause long-term, but not fatal damage to health with significant subsequent limitation of working capacity. In such situations, the amount of possible moral compensation is also not regulated by law, but in practice, it rarely exceeds 70,000 rubles. In order to claim this or that amount, the victim must document and confirm its size. This can be done on the basis of a conclusion issued by a medical institution, as well as documents confirming the fact of a rather long-term treatment.

Recovery of compensation for moral damage in case of an accident of moderate severity

Moral damage in an accident of moderate severity is considered in judicial practice quite often. This is primarily due to the sharp increase in the number of road accidents. Currently, a certain policy has been formed for the conduct of cases of this nature, which is used by all courts without exception. It is worth noting that the right to recover moral damages belongs to all citizens who suffered as a result of an accident, however, provided that they were recognized as the injured party and no administrative measures were applied to them.

Moral damages can be recovered in cases where you or your relatives were injured as a result of an emergency situation on the road caused by the actions of a second party in the accident. In this case, it does not matter at all which of the victims was driving at the time of driving; compensation can be claimed by both.

It just so happens that our legislation has not yet determined the scope of compensation. Therefore, the court is forced to independently study all the circumstances of the case and determine the amount of compensation. They depend on the degree of guilt of the offender, as well as on the nature of the injuries received by the victim.

Based on the circumstances of the case, the amount of compensation can be very diverse:

if harm was caused that caused minor damage to health, then the amount of payments will be in the range of 5-30 thousand rubles;
if the collision resulted in injuries of moderate severity, the amount of compensation will be in the range of 30-60 thousand rubles;
if the victim received serious injuries, then in this case he can count on 60-100 thousand rubles in compensation for moral damage.

You can resolve questions about the moral value of the case yourself. But as a rule, most often the perpetrators of the accident do not agree with the demands of the victims, and therefore the case comes under the jurisdiction of the court. It is worth noting that in such a development of the situation it is necessary to attract a qualified lawyer to your side. Otherwise, the court may greatly reduce the amount of payments, or the process will drag on for a long time.

Before you go to a law office, you need to prepare certain documentary support:

the opinion of medical experts regarding the severity of the injuries received;
protocol from the scene of the collision;
verdict and decision to bring the culprit of the accident to administrative responsibility;
extracts from the hospital record that relate to the injuries received;
ruling on refusal to initiate administrative proceedings against the injured party.

These documents are mandatory. However, each situation may have its own characteristics, and it is quite possible that an additional documentary package will be required. Therefore, in order to resolve the problem as quickly as possible, hurry up to visit our office and consult with our specialists. They will carefully study the circumstances of the case and help formulate adequate requirements. It is also worth noting that receiving consulting assistance from our company is a free service.

Moral damage in case of serious harm to health and death

Severe injuries are characterized by serious damage to health, with permanent complete loss of ability to work (clause 6 of the order of the Ministry of Health and Social Development of the Russian Federation No. 194n dated April 24, 2008). Often, victims are then unable to move independently or have difficulty doing so. Examples of such cases include:

vision or hearing loss;
amputation of a limb or organ;
the occurrence of a serious mental illness;
fractures of the skull, ribs, spine;
penetrating wounds of the head, neck, chest, abdomen.

A person may become disabled and not be able to work fully. In some cases, serious injuries can be fatal. Severe injuries in a road accident are characterized by:

long periods of treatment and rehabilitation, often over 120 days;
a significant degree of loss of the ability to work, more than 30% of the norm.

Such damage leads to an investigation by investigative authorities and subsequent criminal prosecution. The amounts of compensation for moral damage in an accident in such circumstances are quite significant.

In the event of the death of one of the participants in an accident, a claim for compensation for moral damage is made by his immediate relatives. At the same time, the fact of family ties does not give the right to automatically receive the corresponding amounts of money. The interested party must file a claim and support it with adequate evidence. In these cases, the amount of compensation reaches 100,000 rubles. and can significantly exceed it. In practice, for the situations described, there were precedents for awarding moral damages of 1.5 million rubles.

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

If everything is clear with the damaged car, the insurance company pays compensation to the person who is not at fault, the driver either repairs or sells his vehicle if he does not want to restore it and forgets about what happened.

The health of the victim is becoming more and more difficult, it does not allow one to forget about the accident, the pain does not always go away completely, the echoes of operations do not allow one to live as before. At the same time, insurance under compulsory motor liability insurance is provided with cuts, without sufficient grounds; the insurance payment is limited to 160,000 rubles, which does not always make it possible to pay for expensive operations and medications.

Moreover, insurance companies do not provide compensation for moral damages in case of an accident, since, according to the law, this payment falls on the shoulders of the at-fault motorist.

As our practice, formed after frequent requests to our Law Office for victims of road accidents, shows, it is not possible to reach an amicable agreement with the driver responsible for causing damage to health; all issues related to compensation are resolved in court. In case of an accident, filing a claim in court can solve your problems.

How to determine the amount of compensation for moral damages?

Before calculating the amount of moral damage in an accident, you should collect the entire package of documents proving its infliction. To calculate the size, consider the following points:

Determine the amount of other material claims against the defendant. In particular, if the amount of other claims is 50,000 rubles, submit 200,000 rubles for compensation for moral suffering. doesn't make sense. The more serious the injury, the more money a plaintiff can seek.
The amount of compensation is determined by the depth of suffering experienced by a particular victim (pain, nausea, itching, stress).

Unfortunately, there are no clear formulas and algorithms for calculating moral damages in an accident, and in each case the victim must independently justify the amount of the claim, taking into account all the circumstances of the event and the severity of its consequences.

How is compensation for moral damage sought?

The Civil Code of the Russian Federation does not provide precise instructions on the procedure for collecting moral damages. Therefore, the victim and the culprit of the accident can agree on a voluntary payment. The amount of compensation is determined by mutual agreement. To settle all disputes, you can draw up a receipt. It is advisable to indicate in it that the amount paid is compensation for moral damage caused, and the victim no longer has financial or other claims.

You can also send a written demand for compensation for moral damage to the culprit of the accident. Although the law does not require you to do this before going to court, this option can help avoid litigation. If the guilty person does not make contact or refuses to compensate for the harm, you need to file a lawsuit.

When filing a claim for moral damages after an accident, consider the following nuances:

the law does not contain clear rules for calculating and proving moral damage, since suffering is evaluative and subjective;
the claim must indicate the amount that the applicant considers sufficient to compensate for his suffering;
the defendant has the right to present his objections to the claim and the amount of compensation, and the final decision will be made by the court.

Legal advice!

When planning to file a claim for moral damages, study the judicial practice in similar cases. Typically, approximately equal amounts are recovered for disputes of the same type. Therefore, it is unreasonable to demand compensation of hundreds of thousands of rubles if, under similar circumstances, the court recovered several thousand in favor of other plaintiffs. It is better to consult an experienced lawyer about these points in order to demand a reasonable amount in court.

The defendant in a claim will always be the person responsible for the accident, i.e. the person directly driving the vehicle. If you do not have information about the driver, but do have information about the car (for example, registration numbers are visible in a photo or video from the scene of an accident), you can file an application against the owner. According to the Civil Code of the Russian Federation, the owner of the car is responsible for all consequences of the accident unless he proves that he was not driving at the time of the harm.

Is it possible to recover compensation for moral damage in an accident from an insurance company?

Who can compensate for moral damage after a traffic accident?

The person responsible for causing it must compensate for moral and mental suffering in the event of an accident. According to the provisions of Art. 1079 of the Civil Code of the Russian Federation, this is considered the owner of a source of increased danger. It can be:

Citizens who own a vehicle by right of ownership.
Companies that have their own transport, if it is managed by hired employees.

The issue of compensation for moral damage in cases where damage was caused while the vehicle was being driven by a person other than its owner remains controversial. For example, on the basis of a power of attorney or in the presence of the car owner. According to clause 19 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 26, 2010 No. 1, the category of owner of a source of increased danger should also include persons using it for the right of economic management, operational management or on other legal grounds: lease agreement, rental agreement, power of attorney for control.

A similar position was expressed in the Review of Judicial Practice of the RF Armed Forces for the 4th quarter of 2005 (approved by the Presidium of the RF Armed Forces on March 1, 2006) in relation to persons driving a vehicle without a power of attorney, but in the presence of the owner. That is, according to the RF Armed Forces, in such cases, responsibility rests with the citizen directly driving the car, regardless of its ownership.

In practice, court decisions are not so unambiguous, since the obligation to compensate for moral damage, in part of the acts, is awarded to citizens who actually own the transport, but do not drive it, and other judges attribute it to the persons who were driving at the time of the accident, but who are not the owners of the car.

As for compensation for damage caused as a result of an accident by cars owned by companies, even if the driver was an employee, this responsibility rests entirely with the employer who owns the transport (clause 19 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 26, 2010 No. 1) .

Collection of moral damages under MTPL or CASCO contracts is not provided for by current legislation. Under these contracts, the risk of civil liability is insured, and causing moral damage does not fall into this category (subclause “b”, paragraph 2 of Article 6 of Law No. 40-FZ). Moral damages may be recovered from the insurer by the owner of the policy in case of improper performance of his duties, for example, when delaying payment terms.

In this case, according to the requirements of Art. 1100 of the Civil Code of the Russian Federation, moral damage in any case is paid by the causer. Insurance companies are not required to compensate for it in case of an accident. It is the insurer who can be sued for compensation for moral damages only if they provide poor-quality insurance services.

When can you recover moral damages after an accident?

Claims for compensation for moral damages in case of an accident are not covered by the MTPL program. This is the main difficulty for filing claims, since they cannot be indicated in the notification of an accident or in the insurance company’s statement. To compensate for moral damage, it is necessary to take into account the norms of the Civil Code of the Russian Federation, including the following rules:

moral harm is the moral and physical suffering suffered by a citizen;
these consequences can occur not only due to injuries or damage to health, but also due to a stressful situation, the characteristics of the body’s reaction to a nervous environment;
The culprit of the accident is obliged to compensate for moral damage, i.e. a cause-and-effect relationship between his actions and the resulting suffering must be proven.

Note!
The claim for compensation for moral damage after an accident is not included in insurance cases.
Therefore, it will have to be presented directly to the guilty person, in the form of claims or a statement of claim. In some cases, simultaneous recovery of property and moral damage is allowed if the defendant is the culprit of the accident. Immediately after the accident, the parties draw up a notification of the accident, including with the involvement of traffic police inspectors. There are no clauses in this document about causing moral damage. This fact is also not reflected in the administrative protocols that are drawn up on facts of traffic violations. This means that special methods of proof must be used to confirm moral damages.

You can demand compensation for physical and moral suffering after an accident in the following cases:

if the accident caused injuries and damage of varying severity (any harm to health always entails pain, which directly relates to moral damage);
if a person died in an accident (in this case, moral suffering is caused to the relatives and friends of the deceased);
if as a result of the collision the driver, passenger or pedestrian experienced fright, severe stress, or other emotional disturbance;
if mental and nervous diseases have developed as a result of an accident.

Important!

The easiest way to prove moral damages is in the case of injuries and other damage to health. To do this, it is enough to obtain a certificate from a doctor, documents based on the results of a medical examination, and an ITU conclusion on the determination of disability. However, the final amount of compensation will be influenced by the type of injury and the nature of moral suffering, since the degree of pain depends on the type of injury.

A number of evidence that will be useful when filing a claim for moral damages can be obtained at the scene of the accident. Be sure to save video recordings (if available) and information about witnesses to the incident. Since the burden of proof in such cases rests with the plaintiff, it is the victim who must submit all documents and information to the court.

How to confirm the infliction of moral damage?

Moral damage in an accident is of an intangible nature, so it is quite difficult to document it in practice. Among the most commonly used evidence are:

doctor's report, documents on the treatment performed;
administrative protocols of traffic police officers from the scene of an accident;
acts of examination of a citizen by competent experts;

The specified documents will be in the hands of the victim if he was injured and underwent treatment. If, as a result of an accident, the citizen did not suffer visible injuries, the following may serve as justification for the claims:

witness statements;
audio and video recordings from the scene.

None of the evidence in resolving a legal dispute will have a predetermined, decisive force, since all of them are considered only in the aggregate.

What constitutes moral hazard?

Moral damage is physical and moral suffering that arose as a result of a violation of a citizen’s personal rights (insults to honor and dignity, harm to health, damage to property, etc.). If a person was injured in an accident, the culprit is obliged to compensate him for moral and material damage.

A citizen has the right to recover compensation if:

If you have suffered a serious psychological condition as a result of the loss of close relatives.
In case of injury and stress in an accident.
If you receive injuries that lead to permanent or temporary disability.
If a vehicle that served as a source of income was rendered completely unusable.
If the person responsible for the accident resorts to direct insults and threats.

Citizens who suffered as a result of the incident or relatives of the deceased can apply for compensation for moral damage in an accident. These persons include:

A driver who received injuries of varying severity in a vehicle collision.
A pedestrian who was hit.
Parents, children or spouse (if the injured person died as a result of the accident).

Necessary documents for compensation for moral damage in a traffic accident

Both to recover moral damages in case of an accident in pre-trial order, and to compensate for it during the claim proceedings, the victim needs to collect a package of documents substantiating his claims. These include:

A copy of the state traffic inspector's report on the accident.
Medical report in case of injuries of varying severity.
Payment documents proving the fact of treatment.
If a medical and social examination was carried out, its conclusion is needed.
Conclusion of the commission on loss or limitation of working capacity.
Certificate of marriage, birth of children, as well as a certificate of dependents in the family.

This is the minimum required package of documents that will allow you to reasonably file claims against the culprit of the accident. If there is other written evidence of the fact of causing moral harm, they should also be attached.

Who can count on compensation for moral damages in an accident?

To compensate for moral damage, the victim himself or his relatives (children, parents, brother, sister, spouse) can apply to the court in the event of the death or serious condition of the victim. If harm was caused to the child’s health, then the child’s parents have the right to demand compensation.

In the event of a traffic accident, not only the driver, but also a passenger or pedestrian can be considered injured. In addition, the court may well satisfy a claim for compensation for moral damage in an accident, even in such controversial cases when a pedestrian crossed the road in an unknown place or while intoxicated.

Contact our Center, and we will definitely help you obtain compensation for moral damages in the event of an accident, especially if there is significant harm to life or health.

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Filing a claim

When recovering moral damages in an accident through the court, it is necessary to draw up a statement of claim. It is served:

To the magistrate - when filing a claim for compensation for moral damage along with other property claims in the amount of no more than 50,000 rubles.
To the district court - in all other cases.

The claim must include:

the name of the judicial authority to which the application is submitted;
identification information about the citizen filing the claim;
identification information about the defendant;
the essence of the claims against the defendant, a list of violated rights, as well as a description of the circumstances under which this occurred;
an indication of the specific amount of moral compensation, the payment of which is required by the plaintiff;
a list of documentary evidence attached to the claim.

The application must be dated and signed by the plaintiff or his legal representative.

A sample application for compensation for moral damage in an accident is available.

Sample statement of claim

A sample statement of claim to court for moral damages in an accident is considered a simple document. After considering each of its points, a person understands that the situation is somewhat more complicated than it might seem at first glance. The best step is to contact a professional lawyer who will not only fill out the fields, but also attach useful documents.

Refund procedure

Compensation for moral damage in an accident can be made immediately through the person at fault, or by filing a claim with a judicial authority. First, you must apply for payment of appropriate compensation directly to the person responsible for the accident. To do this, a statement is sent to his address, which indicates:

detailed description of the accident;
description of moral damage caused as a result of the incident;
amount of compensation required;
a list of documents attached as evidence to the application.

You can transfer documents in person, or by sending them by registered mail with acknowledgment of receipt. If the defendant does not dispute the fact of causing harm, as well as the amount of moral compensation, a written agreement on compensation is concluded with him. After that, within the agreed time frame, he transfers the due amount.

As a rule, this option of obtaining compensation rarely ends in a successful outcome, therefore, in most cases, moral damages in case of an accident are compensated through the court. In this case, the sequence of actions is as follows:

draw up a written claim;
collection of written evidence of moral damage caused in an accident, including calculation of its amount;
pay the state fee for consideration of the claim;
submit the statement of claim along with other documents to the court;
wait for a court decision;
if the decision is positive, it will enter into force within the month allotted for filing an appeal after the decision.

The amount presented by the court for compensation is payable by the defendant. In case of refusal to execute it within 3 months from the date of the decision, the collection documents are transferred to the bailiff service.

The procedure for collecting compensation for personal injury from the culprit of an accident

If, as a result of an accident, damage to health is caused to the insured himself, then the insurance company is not obliged to compensate him for the damage to health, since compulsory motor liability insurance involves insurance of the insured's liability, when, in the event of a certain event, the insurance company pays for the insured to the victims a sum of money for the harm caused.

If suddenly the damage to health exceeds the amount of compensation, then the insurance company will pay the victim compensation only within the limits established by law, and the victim has the right to recover the rest of the amount directly from the culprit of the accident.

Step-by-step instructions for recovering damages to health in an accident consist of the following steps:

To recover the amount from the culprit of the accident, the victim must submit a written claim for the voluntary payment by the culprit of compensation for injury to health. If the culprit refuses to make any payments, the victim will have to file a claim in court to recover damages caused to health from the culprit of the accident. The procedure in this case will be as follows.
After sending a claim and no response to it within a maximum of 30 days, prepare a claim for recovery from the culprit of harm to health, attaching copies of documents substantiating the plaintiff’s claims.
Send the claim by registered mail to the person at fault for the accident, keeping the shipping documents.
File a claim with the court along with copies of the attached documents and documents confirming the sending of the claim to the defendant.
Take part in the trial.
Wait for the court's decision . When a court decision is made in favor of the plaintiff, wait until the decision comes into force and obtain a writ of execution.
Enforcement proceedings . Submit the writ of execution to the bailiff service at the defendant’s place of residence.

Court process

The consideration of cases for compensation for moral damage in an accident is regulated by the rules of the Code of Civil Procedure of the Russian Federation and does not differ from the procedure for other civil cases. The legal process for compensation for moral damage includes the following stages:

After filing a statement of claim, the judge makes a decision on its acceptance for consideration and, within a month from the date of receipt of the claim, schedules a preliminary hearing, all participants are notified of this by summons.
During the preliminary hearing, the judge invites the parties to reach a settlement agreement, asks clarifying questions and sets a date for the main hearing, usually in another month. All participants are also sent summons to appear.
During the main hearings, participants are asked clarifying questions, witnesses are called, additional evidence is requested, and the arguments of the plaintiff and defendant are heard. Often, the main hearings take place over several sessions.
Once the judge is ready to make a decision, he announces it.
Within 5 days after the end of the last meeting (clause 2 of Article 199 of the Code of Civil Procedure), the court issues a written reasoned decision on the case.
After this, the defendant has a month to appeal.
After a month has passed from the date of registration of the decision, it comes into force.
After the decision comes into force, an application for the issuance of a writ of execution is submitted.
If the defendant refuses to pay the awarded amount for moral damage caused in an accident, the writ of execution may be sent by the winning party to the bailiffs.

How can the culprit reduce payments for moral damage?

It is in the defendant’s interests to use all available means to reduce the amount of compensation for moral damages in the event of an accident. To do this he needs:

Provide evidence that the incident occurred due to the gross negligence of the victim.
Indicate and confirm with documents that the plaintiff committed a violation of traffic rules.
Prove that he does not have enough funds to pay compensation in the required amount, since he is experiencing financial difficulties.
During the proceedings, identify lies in testimony on the part of the plaintiff in order to achieve maximum payments.

In addition, if the victim’s health improves and this becomes known, the amount of compensation may also be revised downwards.

Arbitrage practice

The practice of claims related to compensation for moral damage in road accidents has not yet been fully formed. The number of claims of this kind is gradually growing, which indicates an increase in the legal literacy of the population. We can definitely say that if the death of the victim occurs as a result of an accident, the receipt of moral compensation by his relatives is almost guaranteed. Also, a clear decision in favor of the plaintiff will be made if the accident occurred due to the driver being intoxicated. However, quite often the courts reduce the amount of compensation compared to the requested amount.

Thus, in 2021, the Industrial District Court of the city of Samara considered the claim of citizen K against defendant D , who negligently hit her while she was walking along the sidewalk. As a result, citizen K received moderate injuries. At the same time, in addition to compensation for treatment expenses, the victim demanded compensation for moral damage in the amount of 200,000 rubles. All documents were provided by her. As a result, the court, by its decision dated February 29, 2016, partially satisfied her demands, collecting moral damages from the defendant in the accident in the amount of 100,000 rubles.

Lack of evidence of moral damage, especially without damage to health, may cause refusal of compensation. Thus, in case No. 2-2016/2012 in the Oktyabrsky Court of the city of Arkhangelsk, the plaintiff failed to obtain compensation. In the case under consideration, the plaintiff not only did not provide a justification for the amount of compensation he requested, but also did not appear at the court hearing, which became an additional reason for the decision not in his favor.

Also, one of the grounds for a significant reduction in the amount of compensation for moral damage in an accident may be a violation of traffic rules by the victim. This is exactly what happened in Khakassia, when plaintiff I sued defendant K , who crashed into the victim’s car, resulting in the death of her husband, who was driving. During the investigation, it turned out that at the moment of the collision the deceased violated the rules by driving into the oncoming lane. As a result, the amount of compensation was reduced from 1,000,000 to 200,000 rubles.

How much can they demand for moral damages in an accident of moderate severity?

The occurrence of an accident in itself cannot be the basis for liability. Responsibility arises only in situations where the actions of the driver of the vehicle clearly constitute an administrative violation or a criminal offense. In both cases, certain grounds arise for civil liability, or rather, the obligation to fully compensate for the damage that was caused as a result of the emergency.

The civil legislation of our country assures that compensation for moral damage in an accident of moderate severity occurs regardless of the degree of guilt of the perpetrator of the accident, but provided that as a result of the accident, damage was caused to the health or life of a person.

In this case, the amount of compensation payments will depend on the decision of the court, which will study all the circumstances of the case and analyze the nature of the physical and moral injuries caused to the victim. In addition, the amount of compensation will be influenced by the degree of responsibility of the culprit of the accident, that is, his actions that led to the collision will be analyzed. However, we should also not forget about the requirements of reasonableness and fairness.

Of course, the plaintiff can independently assess the level of his moral injury, but it is not a fact that the court will support the amount presented. Additional measures will be taken that will ultimately answer the question of whether the amount of damage indicated in the claim is legal.

Important! The nature of the damage, both physical and moral, is assessed by the courts based on the actual circumstances of the incident on the road, which led to the damage.

It is worth noting that when considering cases of this kind, the court will necessarily take into account factors such as the degree of guilt of the offender (the amount of compensation claims will depend on it), as well as the severity of the damage (here it will be necessary to provide a medical report).

Currently, the judicial system has developed specific amounts of compensation for moral damage. If the victim received minor injuries as a result of an accident, then he can count on 30-40 thousand rubles. If his health was caused by injuries of moderate severity, then in this case the amount of moral damage in an accident of moderate severity will be equal to 50-70 thousand rubles. And if the injuries caused are classified as serious harm, then the culprit will pay from 90 to 120 thousand rubles. In addition, compensation is established in case of damage that was determined to be insignificant and did not cause harm to health. It does not exceed 10 thousand rubles, however, when considering cases of this kind, the courts reject the victim’s claims in half the cases.

Important! The amounts of compensation payments presented above are formal, since, according to civil law, each party is obliged to prove the circumstances to which it refers.