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Publication date: 24.05.2024
lawyer, 23 years of experience in enforcement.
Compensation for damage caused to the health of the victim in a road accident
According to Art. 23 of the Law of Ukraine "On Compulsory Civil Liability Insurance of Owners of Land Vehicles" damage caused to the victim's life and health is considered to be:
- damage related to the treatment of the victim;
- damage related to the victim's temporary incapacity for work;
- damage related to the victim's permanent disability;
- moral damage, which consists in physical pain and suffering, which the victim - a natural person suffered in connection with mutilation or other health damage;
- damage related to the death of the victim.
In order to exercise his right to compensation for damages as a result of a traffic accident, the victim must notify the insurance company of the person who caused the damage or the Motor (Transport) Insurance Bureau of Ukraine no later than 3 working days in writing (Article 41 of the Law of Ukraine "On Compulsory Civil Insurance - legal responsibility of owners of land vehicles") about the occurrence of an insured event.
In accordance with the provisions of Art. 35 of Law No. 1961-IV in order to receive insurance compensation, the victim or another person entitled to receive compensation, within 30 days from the date of submission of the traffic accident notification, submits an application for insurance compensation to the insurer. General information on compensation for damages related to the treatment of the victim, temporary or permanent loss of working capacity, death and burial, moral damages are fixed in articles 23-23 of Law No. 1961-IV
According to the information posted on the website of the Motor (Transport) Insurance Bureau of Ukraine, for compensation for damage to health, the victim, together with the application, provides the following documents:
- the applicant's own written confirmation of the presence or absence of an insurance contract, at the expense of which the victims can satisfy their claims;
- a copy of the certificate on the assignment of the taxpayer's identification number to the victim, if it is assigned (certified by the applicant);
- copies of the completed pages of the victim's passport or other document that, according to the legislation of Ukraine, can be used by the victim (attested by the applicant);
- a copy of the document certifying the applicant's right to receive insurance compensation (power of attorney, lease agreement, certificate of the right to inheritance), if the applicant is not the victim or his legal representative (notarized or provide the original for review);
- a certificate of the average salary of the victim, calculated in accordance with the labor legislation of Ukraine (if the victim worked under an employment contract);
- a certificate from the tax service authority about income for the calendar year preceding the road accident or for the corresponding number of months (in the event that the injured person worked for less than one year) and information about his income for the period during which he was temporarily unable to work (in the event that the injured person supported herself by working independently).
- properly executed and certified (with the official "wet" seal of the relevant institution) an extract from the medical history with a mandatory indication of the names and number of medicines prescribed by the doctor;
- originals of documents (cheques, receipts, cash orders) that confirm the costs of purchasing the drugs specified in the extract from the medical history, and the costs associated with the delivery, accommodation, maintenance, diagnosis, treatment and rehabilitation of the victim in the relevant health care institution I, medical care, treatment at home;
- information about the personal account in the bank institution of the recipient of insurance compensation
- if the victim is diagnosed with a disability, a certificate from the Medical and Social Expert Commission, which must specify the cause-and-effect relationship between the disability status and the traffic accident.
- the original or a notarized copy of the death certificate and documents confirming burial expenses (in the event of the victim's death).
The insurer makes a reasoned decision to make an insurance indemnity or to refuse to make payments. Within 3 working days from the date of adoption of the relevant decision, the insurer is obliged to send the applicant a written notification of the adopted decision.
If the amount of damage caused exceeds the insured amount, the amount of the insurance payment (regulatory payment) for such damage is limited to the indicated insurance amount. According to Art. 9 of Law No. 1961-IV for compensation of damage caused to the life and health of the victim, the amount of the insurance amount is 100,000 hryvnias per victim.
If the amount of insurance payments is more than 100,000 hryvnias, the rest of the funds are reimbursed by the person causing the damage voluntarily at the request of the victim or in court.
The grounds for refusing insurance compensation are established by Art. 37 of Law No. 1961-IV. In the event of an unlawful refusal of the insurer to make insurance payments, the appeal shall be made in court.
Features of compensation for damage caused to the life and health of the victim are fixed in Art. 24-27 of Law No. 1961-IV.
The procedure for compensation for damage caused to the health of the victim in a road accident does not take much time, but is quite difficult. The borzhnik in the mentioned matter can rely on pre-trial dispute regulation, but if the parties do not reach an agreement on the amount of compensation, then judicial dispute regulation is necessary to resolve the issue.
Legal service "Consultant" will select a lawyer or an attorney who will conduct a legal analysis of the situation, form the appropriate court document (claim to the debtor, statement of claim, response to a statement of claim, motion, etc.), and also help in gathering the evidence base for the most effective resolution of the issue. Service specialists will accompany the process from the beginning to the execution of the court decision. They will also provide advice and help in solving such issues as: preparation of amicable settlement with the creditor, Arrest for inviolability, removal of seizure from real estate, bankruptcy of an individual, debt reduction, etc.
