Is it possible to file a lawsuit due to inadequate compensation for a person in a traffic accident?

Is it possible to file a lawsuit due to inadequate compensation for a person in a traffic accident?
Posted date: 05/04/2021

I got into a traffic accident while walking on the sidewalk. Three days after discharge, I discussed with the person who caused the traffic accident that I would not notify the traffic police, the two parties agreed on the compensation based on their relationship. However, he did not compensate me satisfactorily. So can I file a lawsuit now?

FDVN’s opinions:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

[1]. Legal provisions on compensation for damage in traffic accidents

Pursuant to Article 584 of the civil Code 2015, grounds giving rise to liability to compensate for damage are specified as follows:

 “1. A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.

2. The person who causes damage shall be discharged from liability for compensation in case where the damage incurs due to force majeure events or at the entire fault of the aggrieved person, unless otherwise agreed or otherwise prescribed by law.

3. If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article”.

If you can prove that the fault of the person causing the damage and the act is the cause of the damage to you, you shall be compensated satisfactorily.

[2]. Is it possible to file a lawsuit when the compensation is not satisfactory?

According to Clause 1 Article 585 of the Civil Code 2015: “Actual damage must be compensated in full and promptly. Unless otherwise provided by law, parties may agree on the amount of compensation; on the form of compensation, which may be money, in kind or the performance of an act; lump sum payment or payment instalments; and on the method of compensation”.

Because the two parties do not agree on the level of compensation, the compensation will be applied in accordance with the law. According to the information you provided, you were walking and had an accident. Therefore, you will be compensated for health damage specified in Article 590 of the Civil Code 2015 as follows:

“Damage caused by harm to health shall comprise:

a) Reasonable costs for treating, nursing and rehabilitating health, and functional losses and impairment of the aggrieved person;

b) Loss of or reduction in the actual income of the aggrieved person. If the actual income of the aggrieved person is irregular and is not able to be determined, the average income level for the type of work performed by the aggrieved person shall be applied;

c) Reasonable costs and actual income losses of the carers of the aggrieved person during the period of treatment. If the aggrieved person loses his or her ability to work and requires a permanent carer, the damage shall also include reasonable costs for taking care of the aggrieved person.

d) Other damage as prescribed by law”.

In addition, the person causing the accident must compensate for the mental loss that the victim suffered. The amount of compensation for mental loss shall be agreed by the parties; if no agreement is reached, the maximum level for a person whose health is breached does not exceed fifty times the base salary set by the State.

In case the two parties do not agree on the level of compensation, the provisions of law shall apply. If the party causing the damage fails to perform their obligations or performs improperly the compensation obligations, you can file a lawsuit with the Court to resolve.

Above is the advisory opinion of FDVN related to your consulting request on the basis of researching legal regulations. Hopefully, the advice of FDVN will be useful to you.

Nguyen Thi Lan Anh – FDVN Law Firm


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