Compensation for bodily injury: what has to be proven
Short answer
Compensation for bodily injury under third-party liability covers pain and suffering, treatment costs and lost income, and each head is proven with its own documents.
The three groups claimed
Non-pecuniary damage — pain and suffering, assessed on equitable grounds; pecuniary damage — treatment, medicines, rehabilitation, transport; and lost income where the injury prevented work. The three are proven with different documents and claimed together.
The documents start on day one
The medical record from the examination immediately after the accident is the foundation of the whole claim. A delayed examination makes the link between the accident and the injury harder to prove — and that link is the first thing to be challenged.
Passengers are third parties too
Passengers in the at-fault driver’s own car are also entitled to compensation under his third-party liability. This surprises many: the policy protects the people in the car from the consequences of the driver’s behaviour, not only outside parties.
Frequently asked questions
- Is there a fixed tariff for pain and suffering?
- No. The amount is determined on equitable grounds, taking into account the severity of the injury, age, consequences and the length of recovery.
- What if I am partly at fault?
- With contributory fault the compensation is reduced in proportion to the contribution. That does not remove the right to compensation; it changes its size.
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