Personal injury - part 3

CONTINUED...

Rules:

f) pension for damages for the death of a close relative

If the accident victim has died, the person to whom the deceased was under a legal duty to maintain can claim a pension from the offender case under Art. 442 § 2 of the Civil Code The right to payment of pension shall so children spouse and relatives in a straight line. Entitled to claim disability are also children conceived late in life, but born after his death.

Other relatives - distant relatives, siblings, children, in-laws, alumni, etc., are entitled to a pension of the deceased, if the deceased provided them voluntarily and continuously measures to maintain, and require that the rules of social coexistence. The concept of provision of maintenance should be interpreted broadly. Means of subsistence by the deceased may also apply to education and treatment. In the light of this provision, it is irrelevant whether the person was close to the sole survivors. This is the optional right to a pension.

In any case, the pension will belong to the children financially self-reliant, an unemployed spouse or spouse osiągającemu also much lower incomes, and the death of a spouse will lower the standard of living. Above all, it must be the spouse's pension if the death of a person is in poverty, which by itself can not meet their justified needs. Children can also receive a pension after the death of a parent who has not worked professionally, but participated in maintaining a household, raising children and meeting their basic needs.

Annuity payment period depends on the sustainability of the maintenance obligation, the obligation on the deceased victims, taken as a potential period of emancipation of the children of the deceased (approx. 24 years old). Amount of the pension depends on the individual circumstances and the material of the person claiming compensation pension.

The survivor should be tailored to the needs of the eligible and within the limits of commercial and property of the deceased, which takes into account the wages and other income that the deceased could get, rather than actually achieved.

Personal injury - part 2

CONTINUED...

Rules:


d) pension for the loss of revenue
The principle of strict liability for damage caused by Art. 361 § 1 and 2 of the Polish Civil Code includes responsibility for all the normal consequences of the damage, which offset losses and lost profits, which the injured party would reach if not for the injury done to him. The benefits are primarily the loss of revenue earned by the victim.
If the victim has lost fully or partially earning capacity or decreased chances of success for the future, it may require the debtor to repair the damage, adequate pension. Granted a pension may be temporary, or be set for an indefinite period (in this lifetime to the victim).
Survivors should correspond to that part of the earnings, the loss is caused by traffic injuries, the remaining portion of the income the individual should achieve on their own. When the victim partially unable to work does not make work because of difficulties in the labor market, then he is entitled to the right to compensate for the full loss of income. Full value of earned income is paid also by the finding of full disability victim.
Determination of the pension shall be by comparing the average income earned by the victim before the accident and income derived after the accident. No matter the nature of work as a result of which the victim reached revenues, and the amount must be documented. In particular, take into account here:
salary
the functional
allowance for pension
bonuses
fixed prize
remuneration for overtime work
wages in kind
scholarships
If the victim drew income from several sources, these revenues are aggregated. In a situation where the victim was not working before the accident, the determination of pension for incapacity takes into account the situation on the labor market, professional victim, age and gender. Note, however, that pension is purely to compensate the loss incurred and can not in any way constitute a source of unjustified increases in revenue.
 top of page

e) compensation for the death of a family member
In accordance with Art. 446 § 3 of the Civil Code, if as a result of injury or harm to health of the death of the victim, the immediate family members of the deceased is entitled to claim for appropriate compensation if his death was due to a significant deterioration in their living conditions.
People closest are the parents, siblings, children, step-mother, step-father and half-siblings.
In assessing the deterioration of the living next take into account all factors affecting the living conditions of the person entitled - health, age, degree of resourcefulness in life, the conditions of education, living conditions, property relations, prospects for the future life. Also take into account the professional and social position of the deceased, including income derived, occupation, position, domestic relations, exercised care for the loved ones.
Appropriate compensation should take into account the particular circumstances of the case and the economic value of the compensation that needs to be perceived as real, relevant increment both the authorized and from an objective point of view, taking into account the assessment of the most reasonably minded people.
 top of page

Personal injury - part 1

Rules

a) Coverage of medical expenses of the victim and / or funeral costs
If an accident victim has suffered:
injury
health disorder
or died
should insist on adequate provision of money as compensation. Compensation can be sought directly from the perpetrators of the events giving rise to damage. However, if the offender possessed a policy of insurance against liability, adequate provision must be sought from the appropriate insurance company.
The victim or his family are entitled to the following benefits.
Medical costs of the victim and / or funeral costs.
On the basis of art.444 § 1 of the Civil Code a person who has suffered injury or health disorder may claim medical expenses, which include:
Costs of drugs, dressing and hygiene
The costs of rehabilitation devices, orthopedic and prosthetic
The costs of hospitalization and rehabilitation
The costs of specialist consultations
The costs of additional or revised nutrition during treatment
The costs of care in the treatment and rehabilitation
The costs of transport to a medical facility and rehabilitation
Travel expenses of coming to medical facilities for visitors
The cost of preparing the person to another profession
Adaptation costs such as housing for the disabled
All costs should be documented eg VAT receipts and invoices. The victim is also entitled to require the payment of medical expenses in advance of their actual incurred. This fact should be uprawdopodobniony example, by providing accounts and certificates of having to bear the costs.
If an accident victim has died, the person who incurred medical expenses and funeral of the deceased, has the right to demand their return. The burial costs include:
funeral expenses,
transport of the body,
purchase of coffins, wreaths, obituaries,
mourning clothes,
place in the cemetery and gravestone issue (tomb)
Mass funeral
cremation
food and drinks for immediate family.
 top of page

b) compensation for harm
If the victim has suffered an injury or health, on the basis of art.445 § 1 of the Civil may claim compensation which alleviate the sense of injustice after the accident, compensate for physical and mental suffering and help them adapt to the new conditions after the accident. The amount of compensation depends on, among from:
the nature of the injury,
intensity of individual suffering,
period, and treatment and rehabilitation,
life consequences of the accident,
age, sex, marital status,
profession,
life situation of the victim,
helplessness of the victim.
The process of determining the amount of compensation is always individualized, should include all suffering already experienced by the victim, as well as those that are likely to suffer in the future. It makes no matter that the victim will not realize the full extent of the size of the harm (eg children or mentally disabled persons).
Amount of harm suffered by the victim is irrational and it is not possible to determine damages in a way that corresponds exactly to reality. However, the amount can not be a token amount, and must present an economically sensible value for the victim.
You should also keep in mind that compensation can be claimed only for the injured person's life. A claim for compensation may be inherited only if they have been declared in writing or if the action is brought by the injured person's life.
 top of page

c) damages in respect of pension increased needs
In accordance with Art. 444 § 2 of the Civil Code if an accident occurred at the victim's needs increase, it may require the debtor to remedy adequate pension. This situation usually occurs when the victim is taking steps to improve the health status such as:
use the care and assistance of a third party,
applies rehabilitation,
uses a special diet,
the cure
purchases of dressing and hygiene
renews operated Orthopaedic
The victim should be able to substantiate increasing needs. The basis for the granting of pensions is detailed and possibly accurate medical opinion, establishing the scope of the special needs of the patient in the treatment, rehabilitation and recommended lifestyle. The opinion should also identify the causes of increased longevity needs or even irreversible damage.
If you can not determine the full extent of the damage, the victim may be granted a temporary annuity
Disability benefit principle is paid monthly to the victim. Pursuant to art. 447 Civil Code important reasons, the court may, at the request of the victim, rather than grant him a pension or part of one-time compensation. In particular, this refers to a situation where an accident victim has a disability, a single compensation award will help him to perform a new profession. Also, the parties may enter into an agreement as to the civil liability cap pension (convertible to one-time compensation).
 top of page

Property damage

Rules

a) compensation for damage to property
Property damage, otherwise known as pecuniary damage arises when it comes to damage, loss or destruction of material possessions.
People who apply for compensation by using the compulsory insurance of civil liability case, the offender shall have the right to demand compensation for property damages they have suffered in connection with the event.
The most common damage to property, damage to or destruction of the vehicle, clothing or luggage.
Property damage is the cost of towing the damaged vehicle and parking, the cost of renting a replacement vehicle (where appropriate). It should also be remembered that the damage is the loss of the market value of the vehicle (car repaired after an accident has a lower value than before the accident).
Property damage is the damage to buildings and other things such as fences, damage to trees, shrubs, and killing or wounding animals.
Damage to the vehicle receiver sets as:
partial damage - when the vehicle is eligible for repair (as determined by the size of the damage and the amount of repair costs); damage can be disposed of in various ways, and the choice of method to the victim:
repair in the workshop indicated by the insurance company (the elimination of non-cash loss in the system),
Repair shop chosen by the victim and the subsequent settlement of the insurance company on presentation of invoices and bills,
an Estimate repair, determine what amount is needed to refurbish the vehicle, and the victim receives the compensation directly from an insurance company.
damage total - the total cost of repairs exceeds the value of the vehicle in front of damage, the total damage to the vehicle, the compensation should allow an injured person buying the same vehicle, which was destroyed, ie the same brand, the same year of manufacture, model, standard, Running, etc.
 top of page

b) voluntary accident insurance
Accident insurance policy insures the effects of accidents - not just car accidents, but also to any other emergencies that can result in permanent health impairment or loss of life of the insured.
Such policy may be concluded for a period of one year, or a shorter period.
Casualty Insurance can be made individually and collectively.
Accident insurance valid in the country. The insurer may also extend the validity of the policy to the world.

The insurance covers:
benefit for permanent disability (up to 100% of the sum insured)
death benefit (50% or 100% of the amount of insurance)
reimbursement of the costs of prostheses and aids
reimbursement of retraining disabled.
Depending on the contract of insurance may also cover:
reimbursement of medical expenses,
compensation for physical pain.
The amount of insurance payable depends heavily on the amount of insurance for which the insured is decided. The higher the amount of insurance, the higher will benefit paid by the insurance company.
 top of page

c) AC motor insurance
Autocasco belongs to a group of voluntary insurance. The conclusion of the policy is therefore dependent only on the owner of a vehicle registered in Poland.
Such policy shall be concluded for a period of one year, or where appropriate, a shorter period.
Insurance premium is paid as a single payment or in installments. The agreement will expire automatically at the end of the insurance period or upon failure to pay the next installment premiums.
The insurance covers damages caused to the vehicle and its equipment.
Compensation is paid in the following cases:
the damage to the vehicle was in connection with his or stop-motion due to the action of mechanical force when the insured himself is to blame for damage to the vehicle (such as a collision with another vehicle, person, other objects such as column, gateway);
damage arising from a collision with an animal;
damage caused by third parties;
damages in connection with the operation of the elements (flood, explosion, fire, rain, etc.);
theft of the vehicle or its parts.
The insurer is not responsible for the consequences of events, if the driver has driven without proper documents (registration certificate, driver's license), or under the influence of alcohol, and if the driver for unjustified reasons departed from the scene.
The premium depends on the value of the car. The value can be determined by an expert or to the catalog average market values ​​of vehicles in a given period. If the insured is a new car, it is taken into account the value of the purchase invoice.

Introduction

Rules

a) General rule
In accordance with the general principles of law, who caused injury to another is obliged to remedy. With regard to the holders (managers) vehicles, to clarify the rule contained in Article. 436 civil codes (the Civil Code). This article provides for two types of liability of the holder, namely strict liability (§ 1), and in case of fault (§ 2).
 top of page

b) Strict liability
The strict liability holder (driver) is responsible for damage to person or property, caused by the movement of the vehicle to anyone, except that:
loss caused by force majeure or
only the fault of the victim or
third party, for which he is not responsible.
This occurs, for example, responsibility for the vehicle occupants.
 top of page

c) fault-based liability
It is also possible to respond on the basis of fault, as in the following cases:
in the event of damage resulting from a collision of the two vehicles
in the event of damage to a third party vehicle traffic transported in a vehicle in favor of the perpetrator,
in the event of damage during stops, loading, unloading the vehicle and garage,
in the event of damage when boarding and alighting from the vehicle.
 top of page

d) the issue of victim contribute to or increase the damage
In a situation where the victim is considered to be a person who has contributed to the injury (eg, a passenger riding without a seatbelt), the compensation due will be reduced in proportion to the degree to contribute on the basis of Art. 362 Civil Code.
 top of page

e) liability insurance (OC)
Holders in order to avoid liability asset (often very high) for damages in respect of motor vehicles, as well as to facilitate redress for victims and payment of due compensation and reparations, insure your vehicle liability insurance of vehicle owners. The law provides for compulsory motor insurance of civil liability under Art. 23 of the Act of 22 May 2003 on Compulsory Insurance, the Insurance Guarantee Fund and Polish Motor Insurers' Bureau.

By the contract of insurance the insurer undertakes to fulfill a particular benefit in the event of an accident specified in the contract. The contract of compulsory insurance of civil liability covers your liability entity subject to compulsory for tort damages and caused by non-performance or improper performance of the obligation, if not contrary to the Act or properties (nature) of the type of relationship. It is therefore the responsibility of the guarantee. With the victim in connection with the event covered by a contract of compulsory insurance of civil liability may claim directly from the insurance company, not only from the perpetrators, who often is an individual.

Not for any damage insurer will be responsible for the offender on the basis of the guarantee. The insurance is not liable for damages:
consisting of the damage, destruction or loss of property caused by the driver of a motor vehicle holder, this also applies to a situation in which the holder of a motor vehicle, the damage has been done, is the owner or co-owner of a motor vehicle in which the damage was done; But according to the thesis of the judgment Supreme Court dated 07.02.2008 was, "The insurer shall be liable warranty arising from a contract of compulsory insurance of civil liability of vehicle owners for personal injury caused to the vehicle including a passenger with a driver who is a co-owner of the vehicle." This means that injured as a passenger vehicle and not bearing fault accident, have the right to redress and reparation.
resulting in transit fee charges, shipments or baggage unless its liability for the resulting damage is the holder of a motor vehicle other than a vehicle transporting these items;
including the loss of cash, jewelry, securities, all kinds of documents and collections of stamps, coins and the like;
involving pollution or contamination of the environment.
In such cases, the insurer will not pay compensation, but the injured party has the right to apply directly to the perpetrator. The holder or a driver who caused the damage, perhaps even in other cases be placed in a situation where their own resources will have to cover the value of the compensation paid. This applies to the so-called. Recourse plant, led directly to the driver of the insured vehicle, if:
caused the damage intentionally or in a state of intoxication
took possession of the vehicle as a result of a crime
did not have the required permission to drive the vehicle, except in cases of saving human life or property, or criminal prosecution.
The insurance pays compensation if injured, then there is indemnity return directly to the driver of the vehicle.