How to deal with the injured passenger in a road accident
On domestic roads, the risk of getting in an accident is quite high not only for drivers and pedestrians, but also for passengers. As a result of an accident they may suffer injuries or mutilation. The current legislation provides such situations and describes the degree of responsibility of the participants, as well as the necessary obligatory measures.
What to do to the injured passenger in an accident
The right actions to be taken by the driver and passenger help in the further investigation of the accident. Someone will succumb to emotions and as a result complicate the clarification of the circumstances of the case, and someone may deliberately hide the circumstances of the accident, which is unacceptable in such cases.
Important! When the suffered in an accident, the passenger should not leave the scene of the accident without waiting for the arrival of ambulances.
It is necessary to understand that threatens such excursion by impossibility later to prove, that the injuries have been received because of the given road accident. The law enforcement officer will not be able to establish this fact, even if the driver confirms it. In such a situation, the insurance company also has the right to refuse to reimburse this citizen.
When a person who was in the cabin of the vehicle was injured, and then he was taken away in an unconscious state by ambulance, the fact will remain documented in different ways:
- a medical sheet will be filled out, in which the time and place where the events occurred will be recorded;
- data on the state of health will be documented in the medical institution, according to the current legislation, in the card of the victim the conclusions of doctors are indicated, possible injuries and wounds are described.
After being discharged from the hospital, injured persons have the right to be informed of their condition at the time of delivery. It is important to consider that the driver’s responsibility to the passengers does not change even if the latter refuse hospitalization. After all, a person may not always be able to objectively assess his or her condition due to stress, and pain may start to be felt later.
Even if there is a slight feeling of malaise, the participants of the events should contact the medics. Doctors will be able to independently and independently identify the need for hospitalization.
To count on compensation are entitled to all the victims, both those who were in the cabin of the auto-guilty party, and those who were in the cabin of the second party. The injured party shall be appointed as an injured party due to its procedural status.
Insurance benefits can only be paid to the passengers involved in the event if there is a properly executed medical report. Employees of the insurance company are entitled by law to conduct an independent expertise. It is based on certain suspicions concerning the incorrect determination of the damage to health.
The opening of a criminal case is an obligatory factor, if the damage to health is evident. Law enforcers investigating the circumstances will initially determine the status of all parties involved.
Important: The insurance company has the right to initiate the process of compensation for damage based on only two documents: recognition as a victim and a medical report drawn up in the hospital.
Can I Get Compensation for Injury
Insurance payments are legislated, in case of proof of damage in an accident for passengers. The maximum compensation in 2019 is limited to 500 thousand rubles. At the same time, it is possible to claim damages in excess of this amount. However, the injured in such an accident and the passenger who was in any salon will have to carry out the recovery additionally through the court.
There are certain grounds, which will be taken into account to determine the additional payments. One of them is the delay of payment of the fixed sum to the passenger for the period up to 30 days. Also the financial part will increase due to the unreasonable denial to the victim in the reimbursement. Demanding additional documents relating to the accident, which are not specified in the law, the insurance company has no right, because as a result you may lose a larger amount.
Depending on the nature of the injury, the amount of payment is calculated:
- When there are fractures after the accident 10-100 thousand rubles;
- the nature of head injuries can be different, which affects the amount, so for teeth – 10,000 rubles, concussion – 25,000 rubles, physical damage to the eyes – 50 thousand rubles, damage to the facial bones to 200 thousand rubles;
- If the situation requires amputation of limbs, the insurance in a traffic accident should compensate 250 thousand rubles;
- for damage to internal organs – 200 thousand rubles;
- when vital organs are removed – 300 thousand rubles.
Injured passengers on MTPL will be compensated by the company of the driver at fault. Employees will thoroughly check whether the damage was directly caused by the road accident. Blood alcohol and drug tests are obligatory. Impairment factors are taken into consideration, as well as subsequent possible negative follow ups.
The compensation company will carefully review claimants’ medical records, determining if there have been any recessive medical conditions. An internal organ was damaged as a result of a contusion in a traffic accident, which may have necessitated surgical intervention.
Filing a passenger injury claim
To accrue benefits, the insurance company, bypassing the party involved in the accident, is provided with documents to make a financial claim. The deadline is limited to 15 days after the time of the accident when the passenger was injured. It is desirable to independently verify that the medical institution and law enforcement agencies objectively compiled supporting documents. Also, they must be handed over in a timely manner.
Such factors should be monitored:
- The medical examiners’ report and the GIBDD report correctly indicate the types of health damages and, if necessary, make a complete list of them;
- The time parameters, including the date and time of the accident, must be clearly stated, and this is also supported by circumstantial evidence.
Victims should receive a special form from the insurance company, which must be filled out correctly. It is issued to all victims, regardless of their role in the accident. If you receive it, you need to add a copy of your passport and certificates issued by authorized medical staff to the collected documents. After receiving the completed claim form, the insurance company has only 30 days to remit the calculated amount to the injured party.
Participants in an accident (non-drivers) may suffer injuries incompatible with life and die on the spot. Also fatal outcome can happen directly in the medical institution. In this situation, the law provides for increased penalties.
Law enforcement officials are obliged to initiate criminal proceedings. After death, close relatives get the right to compensation. They can demand not only material compensation, but also compensation for moral damages. With one victim, the driver is jailed for 8 years and his license for 3.5 years. If there are more victims, the term will be longer.
If a passenger dies, the relatives will receive Br2 million each. The same amount is assumed for a group 1 disability and for parents of disabled children. When moving by public transport, an important document is a ticket obtained before boarding.
It is necessary to contact a medical institution to record the damage to health. Also, you should not leave the scene of the accident without permission, because later it will be difficult to prove that the injuries were sustained at the scene of the accident.
What to do to the injured passenger in an accident
Statistics of road accidents every year amazes with the number of dead and seriously injured traffic participants. This cause of death ranks second after cardiovascular disease, and annually takes the lives of tens of thousands of drivers, pedestrians and passengers. The more dangerous the accidents are, because cars have long ago become a completely habitual phenomenon for most people, which is not perceived as a threat. At the same time, cars can be deadly because of their speed and power.
Since the beginning of the year, 30 passengers of vehicles have already suffered in Bryansk.
Today we would like to consider the basic rules of passenger behavior, which will explain how to save yourself in an accident.
Of course, unlike the driver, the passenger options are limited. There may be a situation when survival in a car accident is simply impossible. However, experts insist: even simple recommendations about how to group and how to control yourself in the second before the accident can save a life and/or avoid serious injuries.
How to reduce the risk of an accident and how to be prepared for it?
1. Wearing a seat belt is the most basic safety rule for everyone, which most drivers and passengers continue to carelessly ignore. At the same time, such a simple mechanism extinguishes the inertia of the human body, and saves from impact. After all, it is the injuries received from the collision with the dashboard and the steering wheel that are most often fatal. In addition, when the car is overturned, the safety belt almost always saves from fractures, head injuries and spine damage.
2. The safest place in the car is behind the driver’s seat. Slightly less safe, according to statistics, is the right side of the back row of seats. The driver is automatically put in the zone of higher risk in case of an accident. And, at last, the most dangerous place in the car is the front passenger seat.
3. Loss of coordination of the driver from tiredness, alcohol or because of short-term sleep is the reason of almost the most terrible and cruel automobile accidents. During a long road try to constantly talk to the one who is behind the wheel, watch his condition, do not allow to drive the car of persons with even the minimum content of alcohol in blood, people in a depressed emotional state, exhausted physically.
What to do if an accident is inevitable?
The frontal impact is the most common crash pattern. In order to be saved in a head-on crash or in a collision with a stationary obstacle, you should, as much as possible, put your arms and legs against the plane in front of you, the floor, the control panel. Be sure to pull your head into the shoulders and press your chin to your chest. In the back seat you can also put your shoulder against the backrest of the front seat.
2. A rear-end collision more often than other accidents results in fatal or disabling cervical vertebral fractures. In such cases, well-adjusted head restraints literally save a life. If there are none, a rear-end collision can be felt less if you quickly crawl lower, and rest the back of your head against the back of the seat.
3. An impact from the side is very traumatic even with its small force, as the impulse is not cushioned by deformation of a cowl or a trunk. Rest your feet on the floor and protect your head with your hands, pulling it into your shoulders as much as possible. In the rear seat, you can grab the backrest of the front seat.
4 Rolling over the car requires head and neck protection. In the back seat, for example, it is advisable to roll over into a horizontal position and grasp the backrest of the front seat with all your might.
5. Flooding the car is, more often than not, a test of the dexterity and stamina of the driver and passengers. While the vehicle is still under water, it is critical to open all windows and doors and get out as quickly as possible. If the vehicle has already gone under water, and the water pressure does not allow you to open the doors, it is important to be calm and wait until there is almost no air in the cabin. Only then will the victims have the opportunity to take a deep breath, open the doors or windows, and make ascent.