Close

Legal News

Compensation for damage in traffic accident

Vietnam law no specific provisions to protect the victims of traffic accidents (traffic accidents) road. However, the provisions on compensation for damage caused by the source of extreme danger caused in the Civil Code of 2005 and the Resolution 01/2006 / NQ-Judicial on compensation for damage outside contract guarantee for damages of traffic accident victims are adequately compensated.

In principle, the owner, who is the owner to possess, use lawful means of transport must pay compensation for damage caused by vehicles caused, even if not at fault, except for the following cases here: the damage occurred due to willful misconduct of the victims; damage occurs in cases of force majeure or emergency circumstances, unless otherwise provided by law.

Accordingly, if the owners of transport vehicles assigned to another person and causing damage, they must determine who has the “right to possess, use” vehicles. If only the people who are assigned to drive a car is hired and paid wages, not the possession and use of automobiles. Vehicle owners who have the right to possess and use the car should have to pay damages. In this case, the owner may request the return of workers compensation sums.

According to Resolution 01/2006 / NQ-Judicial, the case must pay damages in traffic accidents include:

Damage caused by infringement upon health: including reasonable expenses for medical treatment, nursing and rehabilitation and functional loss or decline of the victims; actual income loss or decline of the victims; reasonable expenses for the care of the victims; amounts offset losses due to mental health compromised.

Damage due to infringements upon: Include reasonable costs for treatment, foster care for the victims prior to death and the actual loss of income of the victims during treatment; reasonable expenses for burial; pension funds for the victims who have pension obligations before death; amounts offset losses due to network mentally compromised.

Obviously, in the accidents involving passenger cars, passengers always the most damage. They put the money to ride with the desire to return with his family, traveling on business or to explore the new lands, but in exchange for the fear of insecurity, in exchange for the health and lives. Therefore, they should be compensated to offset the losses caused loss that traffic accidents.

Design thinking, perhaps to compensate for damage is when accidents happen, of course. But above all, every individual must act voluntarily, voluntarily abide by traffic laws to society without losing sight the parents, families lost their loved ones because of carelessness, irresponsibility and violations of traffic laws while participating.

Legal News Related