When to Seek Moral Damages Following a Road Traffic Accident?

Moral damages refer to compensation awarded to alleviate both the physical and psychological pain endured as a result of a road traffic accident.

Such damages may also cover the unrealized benefits due to absence from work for a certain period, the inability to work after the accident, or classification into a disability category because of a disability incurred in the accident. The amount of moral damages is not determined by legal criteria but is assessed by the court based on the adverse effects suffered by the individuals involved, including how their family life and professional situation were impacted.

Compensation is also granted to passengers inside the vehicle involved in the accident, except for the driver whose fault caused the accident. These damages will be covered by the guilty party's Motor Third-Party Liability (MTPL) insurer, and if the total exceeds the insurance policy's limit, the remainder will be paid by the individual at fault.

For material damages occurring in the same accident, the liability limit is set at 1.22 million euros, while for bodily injuries, the cap is at 6.07 million euros.

The MTPL insurer is required to pay the damages even if the at-fault driver is uninsured. Furthermore, it must provide compensation even if the responsible driver has not been identified, as long as the vehicle involved in the accident is identified and insured. This institution will also bear the cost of damages suffered by the victim in cases where the vehicle is not covered by MTPL insurance.