I got into an accident with serious bodily injuries, and there is still silence, 4 years have passed.

No driver is immune from being involved in a traffic accident. And if the result is serious harm to health in an accident, the conversation inevitably turns to criminal liability for the citizen who was driving. Its degree depends on various factors.

The physical condition of the driver and further actions on his part matter. Often, adjustments are made for the road situation and the behavior of the victim himself. But be that as it may, it is always worth keeping the consequences in mind.

This material will consider the problem of serious bodily injury in an accident with victims on all sides. Materials from judicial practice will complement the picture. Finally, when a car owner finds himself in a difficult situation, the recommendations offered can help.

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

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

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

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

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

Factors that increase liability:

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

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

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

Is it a crime or not?

There are three situations in which a traffic accident is regarded as a criminal offense:

• As a result of the accident, moderate damage was caused to health;
• The accident resulted in serious injury to the road user;
• As a result of the accident, one or more road users were killed.

Thus, causing grievous bodily harm in an accident is considered a criminal offense regardless of the circumstances. However, punishment for it may not follow - it all depends on the circumstances, both aggravating and exculpating the driver who caused the accident.

Aggravating circumstances

• Alcohol intoxication. The most important factor influencing the driver's guilt. If he was drunk, then it will be almost impossible to get away with a fine or work. In this case, the degree of alcohol intoxication does not matter. Also, if the driver is intoxicated, he is guaranteed to lose his license;
• Escaping from the scene of an accident. If the driver left the scene of the accident, this will not only increase the punishment for damage caused to health in an accident, but will also entail additional punishment for leaving the victim and failure to provide medical assistance.

Extenuating circumstances

• Help the victim. If the driver provided timely first aid to the victim in an accident (and even more so saved his life), then this will have an extremely positive impact on the opinion of the court and will significantly reduce the degree of guilt;
• Reconciliation with the victim. If the victim does not have any claims against the culprit (for example, if he understands that the accident was an unfortunate coincidence), then all charges against the culprit may be dropped;
• The circumstances of the accident itself. A huge number of factors can mitigate the blame: visibility on the road, quality of the road surface, lack of necessary restrictive signs, vehicle malfunction and much more.

How is harm to health classified in a road accident?

In a situation where people have been injured in a road accident, the conversation almost always turns to personal injury. After all, as a result, different parts of the body and organism are injured to a greater or lesser extent.

The degree of harm caused to health in a road accident is determined by several factors. Among them, in the first place are the danger of the injuries to life and the degree of loss of ability of the victim to work.

Depending on the severity of the injuries, liability differs, which can be both administrative and criminal. Additionally, the culprit of the accident has an obligation to compensate the victim for material and moral damage.

Easy

The definition of this type of harm is contained in the note to Art. 12.24 Code of Administrative Offenses of the Russian Federation. According to this standard, minor injuries should be considered a short-term health disorder or minor loss of ability to work.

Additionally, you must refer to the Order of the Ministry of Health of the Russian Federation dated April 24, 2008 No. 194n (hereinafter referred to as Order No. 194n). Clause 8.1 states that the period of sick leave is up to three weeks.

Minor abrasions, bruises, bruises, and scratches do not count as bodily injury. Accordingly, there will be no punishment.

In this case, the conversation turns to administrative responsibility. Moreover, it differs depending on who is involved in the incident.

When the driver is mentioned, the punishment is prescribed in Part 1 of Art. 12.24 Code of Administrative Offenses of the Russian Federation. This can be either a fine in the amount of 2500 - 5000 rubles, or deprivation of rights for 1-1.5 years.

However, harm is often caused by the actions of pedestrians and other road users. For example, a person suddenly ran out onto the road. The driver had to brake sharply, causing him to hit the steering wheel.

Here administrative responsibility is already spelled out in Part 2 of Art. 12.30 Code of Administrative Offences. The amount of monetary sanctions for minor and moderate injuries is the same - 1000-1500 rubles.

Average

It is characterized by a non-life-threatening long-term health disorder or permanent disability of at least 1/3. The period the victim is on sick leave is 21 days or more.

Administrative responsibility is also provided here. According to Part 2 of Art. 12.24 of the Code of Administrative Offenses, the driver faces a fine in the amount of 10,000–25,000 rubles or temporary withdrawal of his driver’s license for 1.5-2 years.

It often happens that as a result of additional medical examination, moderate injuries are transformed into serious ones. Then a criminal case is initiated under the first or second part of Art. 264 of the Criminal Code of the Russian Federation with the simultaneous closure of administrative proceedings.

Heavy

Causing it already results in criminal liability. The subject of the crime is the guilty driver of a car or other vehicle for which a license is required to drive.

In paragraph 6.1 of Order No. 194n, grievous bodily harm is characterized as injuries that create a direct threat to life. The same applies to injuries, as a result of which a dangerous condition for a person develops over time. In turn, in Art. 111 of the Criminal Code of the Russian Federation contains another sign of harm - permanent loss of ability to work by more than a third.

The presence of serious harm to health and the sources of its origin are determined by the examination. The results obtained are then described by the court in its verdict.

Fatal

Often, as a result of the injuries received, a person dies after some time in the hospital. In this case, the task of the investigation and the court is to determine the causal relationship between the injuries and the death that occurred.

In this case, it is also impossible to do without examination. Its conclusions serve as the basis for reclassifying the crime from Part 1 of Art. 264 into parts three through six, depending on additional features.

Naturally, when a fatal accident occurs, the liability for the defendant increases. And deprivation of liberty is a very real scenario for further developments.

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Criteria for causing serious harm to health in an accident

Some of them are indicated in Art. 111 of the Criminal Code of the Russian Federation. It specifically mentions loss of speech, vision or hearing. The same applies to the loss of an organ in the body or its basic functions. Serious bodily harm also includes termination of pregnancy or permanent mental illness.

A more detailed list of injuries is given in Order No. 194n. There is no need to list them all. Therefore, we will focus only on the main ones.

External injuries:

• head wounds;
• loss of vision in one or both eyes;
• partial deafness;
• loss of limb;
• facial disfigurement.

However, severe injuries are often invisible to the naked eye. No less dangerous are those that arise from within. Their presence is indicated by the victim’s screams and loss of consciousness.

Damage to internal organs:

• fractures of the skull and its bones;
• intracranial injuries;
• penetrating wounds of the neck, thyroid gland;
• fractures in the cervical spine;
• penetrating wounds of the chest, abdomen;
• numerous rib fractures;
• rupture of large blood arteries;
• heavy blood loss;
• acute heart failure.

One of the criteria for serious harm to health is permanent loss of general or complete professional ability to work. The degree of its loss is determined according to the rules approved by government decree No. 789 of October 16, 2000.

What is the penalty for an accident involving serious bodily injury?

When an accident causing grievous bodily harm was the result of intent, then the culprit, by virtue of paragraph “c” of Art. 111 of the Criminal Code of the Russian Federation faces up to 10 years in prison. In addition, the court may impose a restriction of freedom for up to two years.

It is worthwhile to dwell in more detail on the sanctions contained in Art. 264 CC. The easiest way to present them is in the form of the table below. The severity of the punishment depends on the specific part of the article, the presence of mitigating and aggravating circumstances.

Courts often replace actual deprivation of liberty with suspended sentences for the accused. And such sentences will be illustrated further in the text of the material by cases from judicial practice.

In addition, there are many examples when, under Part 1 of Art. 264 of the Criminal Code, the criminal case is generally terminated. The basis is reconciliation of the accused and the victim, as well as compensation for damage from an accident.

An additional penalty for the driver is deprivation of license for a period of up to 3 years. If a citizen is accused under Part 1 of Art. 264 of the Criminal Code of the Russian Federation, then the issue with the certificate is resolved at the discretion of the court.

What can mitigate or increase guilt?

The table shows the maximum limit of sanctions for each part of Art. 264 of the Criminal Code of the Russian Federation. However, when making a final verdict, courts take many factors into account. They speak both for the accused and against him.

Additionally, the road situation is analyzed, including weather conditions and illumination of the area where the accident occurred. The actions of the victim can also play an important role.

Mitigating circumstances include:

• committing a crime for the first time;
• pregnancy of the female driver, presence of dependent small children;
• providing the victim with first aid at the scene of the incident;
• confession, providing full assistance to the investigation;
• voluntary compensation for damage caused.

Given in Art. 61 of the Criminal Code of the Russian Federation, the list of mitigating circumstances is not exhaustive. Often the identity of the accused, characteristics about him at his place of work and residence are taken into account.

In turn, the range of aggravating circumstances is contained in Art. 63 of the Criminal Code of the Russian Federation. The driver's drunken state, drug intoxication or leaving the scene of the accident was noted above.

Here you can add the presence of an outstanding criminal record, as well as the onset of serious consequences. They mainly refer to fatal accidents.

How to mitigate the punishment

A mitigation of punishment can be obtained if certain circumstances are established:

1. the person responsible for the accident has at least one minor child under his care and support;
2. the defendant provides significant assistance to the investigation in the investigation of this incident;
3. surrender to the police station and fully admit guilt;
4. Immediately after the accident, the culprit provided real assistance to the victims. He called an ambulance himself and performed the necessary medical procedures;
5. presence of positive reviews from work, neighbors, and other public organizations;

The court may decide to mitigate the punishment if the injured party violated the provisions of the current traffic rules. Such a rule will work with the only exception when the citizen driving the vehicle has not created conditions for the safety of passengers.

How moral and material damage is compensated

Bringing a citizen to administrative or criminal liability does not relieve him of the obligation to compensate for the harm caused to the victim and his relatives. The procedure itself largely depends on whether the culprit had a compulsory motor liability insurance policy.

Currently, the law sets a threshold for payments depending on how serious the injuries become. Here are the specific numbers.

Compensation limits for personal injury:

• 500,000 rub. – in case of death, the onset of 1st group of disability, for a disabled child;
• 350,000 rub. – in the case of disability group 2;
• 250,000 rub. – for disabled people of group 3.

It is clear that insurance does not always cover the full damage caused. In this case, the difference is recovered from those involved in the accident. If he did not have insurance, the citizen is responsible in full on his own. The situation when the culprit of an accident dies deserves special attention.

In serious incidents, harm is caused to both people and vehicles. For cars, the maximum insurance coverage is limited to 400,000 rubles. And compensation is provided through the organization of repairs under OSAGO. When restoring the car is more expensive, the missing amount is recovered from the culprit.

Moral injury

It is indemnified regardless of health damage coverage. Moreover, the recovery of the moral component in an accident is not related to the presence of guilt.

Both the victim and his immediate family have the right to receive damages - in the case of death. The specific monetary amount is determined independently by the interested party based on the physical and mental suffering suffered.

When a criminal case is still under investigation against the culprit of the accident, moral damages are recovered through a civil claim. A decision on it is made simultaneously with the sentencing.

How to avoid punishment

In case of causing serious harm to health during an accident, the article of the Criminal Code of the Russian Federation provides for quite serious penalties. But this can be avoided if, before the court makes a decision on this case, there is a reconciliation between the parties. Such measures are often resorted to by the parties to the process in the presence of family ties.

A prerequisite for reconciliation is full compensation for the harm caused to the victim by the person responsible for the accident. In this case, the amount of compensation is determined by the victim himself. If the person responsible for the accident does not agree with it, he may not reconcile with the victim, but wait for the court’s decision. If the required amount has been paid to the victim in full, then he must sign a special document. It contains clarifications and explanations that he does not have any claims against the culprit of the accident and is ready to reconcile with him. Such a measure is possible if the citizen who committed the accident did not have a criminal record.

Serious harm to health in an accident: judicial practice

Relatively recent precedents indicate that in the absence of aggravating circumstances, courts are loyal to those responsible for road accidents. Often real terms of imprisonment are replaced by suspended ones. In some cases, a court fine is even applied.

When charges are brought under Part 1 of Art. 264 of the Criminal Code of the Russian Federation, in many situations criminal prosecution is terminated. This is facilitated by reconciliation and full compensation for harm.

When it comes to driver's license revocation, courts rarely impose a maximum of 3 years. The relationship between machine control and work activity is also taken into account. For your reference, the following are several judicial precedents.

Reconciliation of the parties and termination of the criminal case

Fedorov, driving in reverse from the supermarket territory, caused an accident at a pedestrian crossing. As a result, the woman received a traumatic brain injury, broken ribs and other injuries. A criminal case was initiated against Fedorov under Part 1 of Art. 264 of the Criminal Code of the Russian Federation.

During the court hearing, the victim filed a motion to terminate the proceedings in connection with reconciliation with the accused and full compensation by the latter for the damage caused. The prosecutor did not object to this.

As a result, by a decision of the Sovetsky District Court of Krasnodar dated May 29, 2020, in case No. 1-369/20, the criminal case against Fedorov was terminated. The preventive measures introduced were also cancelled.

Punishment if the driver is drunk

Citizen Savelyeva, while intoxicated and driving at excessive speed, hit Konstantinov, who was walking along the sidewalk. At the same time, the accused had no rights.

As a result, the victim received numerous injuries, including amputation of a lower limb. When imposing the punishment, the Khabarovsk District Court of the Khabarovsk Territory took into account the lack of a driver’s license and attempts to make amends.

As a result, by a verdict dated May 29, 2020, in case No. 1-193/2020, Savelyeva was sentenced to 3 years in prison on the basis of paragraph “a” of Part 2 of Art. 264 of the Criminal Code of the Russian Federation. There is a ban on driving for the same period. In addition, 2 million rubles were recovered in favor of the victim as moral damages.

Bodily injury and leaving the scene of an accident

Leonov lost control and crashed into a tree. As a result, a passenger who was in the car at the time was injured. The accused did not provide assistance to the victim and fled the scene of the accident.

During the trial, the victim filed a motion to terminate the criminal case due to reconciliation. However, the court considered it necessary to still sentence Leonov under paragraph “b” of Part 2 of Art. 264 CC.

By the verdict of the Bezhetsk Interdistrict Court of the Tver Region dated May 25, 2020, Leonov was sentenced to 3 years of imprisonment with a two-year probationary period. A 2-year deprivation of rights followed.

Death of a passenger

Due to a careless maneuver, Dunaev caused the car to overturn. The passenger who was there died as a result of his injuries.

When assigning punishment under Part 3 of Art. 264 of the Criminal Code of the Russian Federation, the Kurganinsky District Court of the Krasnodar Territory took into account mitigating circumstances in relation to Dunaev. This is the commission of a crime for the first time, admission of guilt and repentance, as well as partial compensation for damage to the family of the victim.

By the verdict of May 27, 2020, in case No. 1-120/2020, Dunaev was sentenced to 2 years of suspended imprisonment. He was suspended from driving for the same period of time.

Replacing imprisonment with a court fine

Nikitina drove her car into the oncoming lane and collided with another vehicle. As a result, two of Nikitina’s passengers died from serious bodily injuries.

However, the investigator petitioned the court to terminate the criminal prosecution under Part 5 of Art. 264 of the Criminal Code of the Russian Federation with the imposition of a court fine on the accused. Nikitina’s pregnancy, the lack of facts of bringing her to administrative responsibility, and compensation for damage to the injured party were taken into account.

As a result, by a decision of the Sukhinichesky District Court of the Kaluga Region dated May 21, 2020, in case No. 1-1-38/2020, the criminal case against Nikitina was canceled. At the same time, she was ordered to pay a court fine in the amount of 150,000 rubles by a certain date.

Punishment

The first thing worth mentioning when considering the punishment for causing grievous bodily harm in an accident is that such an act fully falls under the Criminal Code of the Russian Federation. Thus, the Code of Administrative Offenses has nothing to do with causing grievous bodily harm in an accident.

The second important addition is that the Criminal Code of the Russian Federation specifies maximum sentences. The punishment itself will have to be set by the judge, based on the circumstances of the accident itself. Therefore, it can be significantly reduced or eliminated altogether.

Punishment for causing grievous bodily harm:

1. 3 years of restriction of freedom;
2. 2 years of forced labor;
3. 6 months of arrest;
4. 2 years imprisonment;
5. Deprivation of rights for 3 years.

Punishment for causing grievous bodily harm if the driver was intoxicated:

1. 3 years of forced labor;
2. 4 years imprisonment;
3. 3 years of deprivation of rights.

Punishment for an accident resulting in harm resulting in the death of the victim:

1. 4 years of forced labor;
2. 5 years imprisonment;
3. 3 years of deprivation of rights.

Punishment for an accident resulting in harm resulting in the death of the victim, if the driver was intoxicated:

1. 7 years imprisonment;
2. 3 years of deprivation of rights.

Punishment for an accident resulting in damage resulting in the death of two or more people:

1. 5 years of forced labor;
2. 7 years imprisonment;
3. 3 years of deprivation of rights.

Penalty for an accident resulting in the death of more than one person due to the fault of a drunk driver:

1. 9 years imprisonment;
2. 3 years of deprivation of rights.

Types of liability

Current legislation establishes 3 types of liability for road accidents with victims:

1. Civil.
2. Administrative.
3. Criminal.

The first type of liability for the culprit of an accident is always there, and the choice between the latter depends on the fault and the consequences of the accident.

Civil liability

Represents compensation of a material nature. Provides for the payment of funds to the victim for the rehabilitation of his health condition.

In Russia, driving a vehicle without taking out an insurance policy is prohibited. Therefore, the victim will receive compensation for damages under compulsory motor liability insurance, paid by the insurance organization with which the driver at fault for the accident took out insurance.

If the driver did not have an insurance policy issued at the time of the collision with another vehicle or the collision with a pedestrian, or the validity period of the document has expired, then the violator will independently pay for the consequences of the accident. Among other things, you will have to transfer 800 rubles. fine to the State treasury for ignoring traffic rules in accordance with Part 2. Art. 12.37 Code of Administrative Offenses of the Russian Federation.

The total compensation amount includes:

1. Paid treatment in the clinic - stay in the ward, rehabilitation procedures, tests, surgery.
2. Purchasing medications.
3. Purchase of special equipment - crutches, strollers, exercise equipment.
4. Expenses for cosmetic procedures to recreate the previous appearance.
5. Travel costs to the place of rehabilitation, including moving to another country for treatment.
6. Payment for nurse services.
7. Lost wages for forced sick leave.
8. Investments for retraining in another specialty, if the previous one is prohibited for health reasons.

In court, the victim can claim moral damage, which is also subject to compensation.

Administrative responsibility

Art. 12.24 established methods of punishment for road accidents with moderate and mild injuries. If the impact of the accident on the human body is mild, the culprit faces:

• fine from 2.5 to 5 thousand rubles;
• prohibition from driving a vehicle for 12 months to 1.5 years.

A moderate traffic accident is punishable by:

1. Fine from 10 to 25 thousand rubles.
2. Deprivation of driver's license for 1-2 years.

Such a difference in numbers gives freedom of choice to the representative of law and order and the rule of law. When choosing a preventive measure, the circumstances of the incident, the guilt of the driver and the victim, the personality characteristics of the offender, and assistance in the investigation of the accident are taken into account. The judge chooses a small fine if he admits guilt, assists the victim, or actively participates in recreating the picture of the accident.

Aggravating circumstances include:

• evasion of responsibility (leaving the scene of a car accident, contradictory testimony);
• Drunk;
• repeated traffic violations.

Based on the above factors, the court makes a decision on the chosen punishment.

Criminal liability for causing physical harm during an accident

The liability assigned to the person responsible for the accident may be expressed in the following measures:

1. If the damage is characterized by minor bodily injuries - a fine of up to 2,500 rubles, as well as deprivation of a driver's license for a period of one year or more.
2. If the bodily injuries are moderate - a fine of up to 25,000 rubles and deprivation of rights - up to two years.
3. If the bodily injuries in the accident were considered serious, the person is subject to mandatory physical labor for up to two years and imprisonment for the same period.
4. In case of the most terrible outcome - the death of a citizen or several persons, the establishment of compulsory work - up to 4 years, or imprisonment for the same period.

During the consideration of the case on the merits, the court may establish the presence of various aggravating circumstances. These include, for example, the perpetrator being drunk or under the influence of drugs, as well as causing death to several persons at once.

In addition to all the above measures, the culprit of the accident will also be subject to such obligations as payment of material or moral compensation to the victim for previously caused bodily injuries.

Financial compensation consists of payment for necessary medical procedures, purchase of required exercise equipment and other aids for rehabilitation, etc. Moral compensation is payment for psychological harm caused as a result of an accident.

In the event that the defendant avoids mandatory payments in every possible way, the court decision is transferred to the bailiffs. On this basis, they begin enforcement proceedings. At the same time, all their actions will be aimed at repaying existing debt as quickly as possible.

parole

A person convicted of causing harm to health in an accident with serious consequences can always try to be released early if he has positive characteristics from the colony management and works well, but there are also obstacles here.

Currently, the early release of those convicted under Article 264 is complicated by the fact that the courts have begun to take into account the opinion of the injured party, who does not always want the offender to be released from prison without serving the full sentence, even if he has paid all the compensation. There are also cases when the correctional system employees themselves do not want to prematurely release a person who is conscientious about his work and improves his performance indicators. That is why the convicted person needs to contact a good lawyer who could help him get home ahead of time.

Additional penalties

There are also two additional penalties that can be imposed by the court in the event of an accident with serious consequences:

• Compensation for treatment and rehabilitation of the victim;
• Compensation for moral damage.

The first type of compensation is assigned by the court itself. The size will depend on the amount that will need to be spent on treating the victim. Moreover, its appointment does not necessarily have to be carried out in court - the culprit of the accident and the victim may well agree on their own on a voluntary basis.

With the second type of compensation, everything is much more complicated. Moral damage is quite difficult to assess, since it depends on the victim himself and his character and personality traits. In this regard, the court does not independently appoint him - proceedings for moral damage are initiated by the victim himself by filing a statement of claim. However, the amount indicated in the application may change many times.

Compensation for damages

In case of an accident with serious bodily injuries, you should know what the driver faces financially, in addition to the sanction of imprisonment:

1. Restoration of damaged transport, cargo, financial and economic damage (under compulsory motor liability insurance, the insurance company compensates the injured party for the insured event, but not more than 500 thousand rubles).
2. Compensation for moral damage. It is measured by the degree of psychological state of close relatives and the consequences of death or serious injury to the victim. Victims can claim several million rubles. But for their claim to be justified, it would be wiser for the perpetrator to demand compensation for damages through the court. For example, a man hit a 75-year-old grandfather who was crossing the street at night in the wrong place. The victim's relatives demand 3 million rubles. for moral damage. They justify the demand by saying that they loved the deceased very much and his loss is irreplaceable. The culprit is not able to pay such a sum, even if he sells his home. He demanded that the victims recover compensation from him for moral damage through the court. During the trial, the circumstances were clarified that the elderly man wandered alone on the roads at night because his relatives kicked him out of the house. In addition, the old man suffered from Alzheimer's disease. Based on all the data, the court decided to pay for moral damage an amount covering the costs of funeral services, the anniversary and the tombstone - a total of 300 thousand rubles. The culprit himself received a suspended sentence of 1.5 years.
3. Payment of all expenses for treatment and rehabilitation of the victim. If a person survives, but is in critical condition, then the culprit will compensate for the costs of medicines, a hospital, a medical complex, a wheelchair, etc. But only if there are supporting documents (checks, receipts), referrals, prescriptions, forensic reports, attending physicians that the disease is a consequence of the accident.

A pre-trial settlement agreement greatly simplifies the judicial process. If the parties have agreed among themselves to compensate for moral or other damage, then the fact of transfer of money must be recorded in a notarized document.

This is important for the defendant - what if the victim’s relatives say that they were given nothing. It will be very difficult to prove otherwise.

Payment calculation rules

A passenger injured in an accident or another participant in a car accident can obtain insurance to compensate for the following expenses:

• repairing property or buying a new car if it is impossible to restore the previous vehicle;
• burial;
• rehabilitation;
• purchasing medicines;
• compensation for lost wages due to temporary disability;
• reimbursement of tow truck costs and others.

Determining the amount of compensation depends on the degree of harm received:

1. In case of mild damage, payments under compulsory motor liability insurance can reach 10% of the total insured amount - knocked out teeth, minor burns, concussion.
2. For average damage, the amount of compensation also does not exceed 10%.
3. In case of serious consequences, the amount of payment varies from 20 to 100%. If as a result of an accident a person has lost the ability to work or a minor is a disabled person of group 1, then the entire amount is paid - 500 thousand rubles.
4. 70% for group 2 and 50% for group 3 disability. The amount of salary compensation depends on the average monthly earnings of the victim.

If a person worked without official registration, then he will not receive money.

Health Damage Table

The table of payments under compulsory motor liability insurance for damage to health demonstrates the dependence of the final amount of compensation on the nature of the injury received.

InjuryPercentage of Indemnity

A complete list of damages is recorded as an appendix to Government Decree No. 1164.

Documents for compensation of damage

Payment of funds will not occur without providing documentation confirming the incident. The list of required paper support is determined by the nature of the car accident and the presence of victims, their number. The standard list looks like this:

1. An application filled out in the prescribed form.
2. Notification of an accident.
3. Duplicate insurance of the person at fault.
4. Confirmation of additional costs (receipt for payment for tow truck services).
5. Passport, driver's license and registration certificate of the vehicle applying.
6. Information about the account for the transfer.

A duplicate of the violation protocol is also provided.

If there are victims, you will need:

• evidence of expenses for rehabilitation, purchase of expensive drugs;
• salary certificate. Needed to calculate lost income;
• death certificate.

The organization has the right to request the result of a medical report from the victim.

Submitting an application

The injured party or authorized representative writes an appeal in free form. The application records the date, location of the accident, the known circumstances of the incident, the amount of damage received, accompanied by the appraiser's conclusion, and indicates bank details. The victim's personal signature is placed. A list of applications is listed at the end of the document.

How is the amount of compensation determined?

The amount of compensation is the actual amounts that have already been spent or will be required to restore the health of the victim.

This includes costs for:

• Treatment.
• Rehabilitation, including trips to sanatoriums.
• Purchase of specialized devices to ensure a normal life (prosthesis, wheelchair).
• Payment for a nurse's services.
• Other paid services that may be required in connection with the injuries.

The claim for compensation is supported by checks, receipts from institutions where the victim received treatment, or other documents with cost estimates. If medical services have not yet been paid for, then the amount of compensation may include potential purchases, but in real prices on the day the case is considered.

The judge makes a decision on compensation based on the principles of reasonableness and fairness. If there were several culprits, then the obligation to pay compensation is divided between them depending on the degree of guilt in the accident. The final amount is approved by a court decision.

Forced payment

For causing grievous bodily harm in an accident, the driver must be held accountable by law and must pay the injured party money to compensate for the suffering caused. But not all those responsible for accidents always do this without the intervention of bailiffs. That is why the latter have to seize the accounts and property of debtors, if, of course, they exist. In the case when a person is serving a sentence in isolation from society, writs of execution are sent to the colony and, accordingly, money to pay off the claim is withheld from the salary of the perpetrator. If the convicted person is at large and does not have a job or other property, then there will be no payments until he finds a source of income. Statutes of limitation are not taken into account here.