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Old 27.01.2012, 22:06
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Road Traffic Accident Fatality & Injury Compensation Advice Requested

recently my father was killed in a car accident and y dont know nothing about the compesation for my fathers live...could please tell someone who knows the laws ori how the inssurance pays...if a lawyer read this thread please send mi a pm
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Old 27.01.2012, 22:39
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Re: a live worth

Have you heard of the organisation Roadcross?

They're an organisation who help victims and the families of road accidents. Thankfully I have never required their services but I was at a prevention workshop from them and I found it very interesting.

Their website is www.roadcross.ch It's in french and german. They've got a number for you to call on weekdays between 9-12 an 13-17.00. The number is 044 310 13 13 and the email adress that you can use is beratung@roadcross.ch to organise a free consultation.

I'm happy to translate some parts of the website but I've only got time tomorrow evening.

Good luck
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Old 27.01.2012, 22:54
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Re: a live worth

Try here

the law about car accidents death
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Old 27.01.2012, 23:23
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Re: a live worth

its also my case there
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Old 27.01.2012, 23:52
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Re: a live worth

My advice is to use all the info you'll get on this forum, there are many nice fellows around.
From your previous posts I understand you'll have to suport your mother, sister, and my guess is, probably pay all the bills the rehabilitation clinic will send you. I don't know about the repatriation of the remains, as far as I heard these expenses are enormous.
Your thread' s title sounds bitter, but truth is, you're going to really need everything you can get from the insurance companies.
So, dig all the ways people will tell you about, you never know.

A link that might be useful
http://www.svv.ch/de/konsumenten/fra...all-oder-insas

Last edited by greenmount; 28.01.2012 at 02:15.
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Old 28.01.2012, 07:39
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recently my father was killed in a car accident and y dont know nothing about the compesation for my fathers live...could please tell someone who knows the laws ori how the inssurance pays...if a lawyer read this thread please send mi a pm
If your father caused the accident (in the eyes of the court), you will have to approach you father's insurance, e.g. accident insurance or life insurance. The other drivers' insurance(s) will not pay, and neither will the state.

If another driver caused the accident, it's the car's owner's (not the driver's - you insure the car, not the driver in third-party insurance) insurance who will pay. However, because health and accident insurance are compulsory in Switzerland, they often pay for costs not paid by your insurance, such as an excess (Selbstbehalt), only. They will also pay for loss of income (as in actual net income - Swiss Federal Court) and the cost of ongoing care of injured persons, if not covered by the deceased person's accident insurance. Finally, the widow and children can claim money for "pain and suffering" (DE: Genugtuung / FR: réparation morale). This is however not nealy as high as in the UK or in the US, and depends on how much at fault the person causing the accident was (e.g. simple negligence = less money / high-speed crash in a built-up area caused by a drunk driver = more money / wilful damage = a lot of money). Up to CHF 50'000 have been awarded to spouses of people killed in road accidents.

Good luck.

Not very useful, as the article discusses, in a very Swiss way, whether costs will be paid by the compulsory accident insurance, or the separate passenger accident insurance the driver had taken out. The OP's father, being resident in Romania, will not be covered by Swiss compulsory accident insurance.

Last edited by MusicChick; 28.01.2012 at 08:37. Reason: consecutive posting
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Old 28.01.2012, 09:51
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Re: a live worth

y have the police raport mi dad had no fault in this acciddent he was driving normal!the militari inssurance needs to pay for all!the militari driver killed mi father with his armored car!my father had lighits dad the seat belt(and that probabily kiled him)and y would like to know whatt kind of paying or how the inssurance pays based an what??
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Old 28.01.2012, 09:58
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Re: a live worth

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Not very useful, as the article discusses, in a very Swiss way, whether costs will be paid by the compulsory accident insurance, or the separate passenger accident insurance the driver had taken out. The OP's father, being resident in Romania, will not be covered by Swiss compulsory accident insurance.
When I posted the link I had in mind he could check it out for himself, and the site might have a list with insurance lawyers or something.
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Old 28.01.2012, 10:00
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Re: a live worth

We've been all through this already...
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Old 28.01.2012, 10:01
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Re: a live worth

You really need to contact your fathers insurers to see what policy he had, many offer legal costs and so could be liable to meet the legal costs involved in getting compensation from the guilty person.
Often interim payments are made from the guilty parties insurance, however it's still way too soon for this.

Usually there are no payments made for many months.
If another driver caused the accident, there will be a criminal prosecution and an inquest.
The police will tell you if they will/want to prosecute anyone.
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Old 28.01.2012, 10:05
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Re: a live worth

True. Not sure how that thread helped the OP, though, it is obvious he needs more help as per specific info on contacts, etc.

I won't merge due to dignity reasons, I am sure OP has read the other thread. Good luck to him with his quest.
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Old 28.01.2012, 13:36
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Re: a live worth

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You really need to contact your fathers insurers to see what policy he had, many offer legal costs and so could be liable to meet the legal costs involved in getting compensation from the guilty person.
Often interim payments are made from the guilty parties insurance, however it's still way too soon for this.

Usually there are no payments made for many months.
If another driver caused the accident, there will be a criminal prosecution and an inquest.
The police will tell you if they will/want to prosecute anyone.
y dont want to prosecute nobody but y ask myself and you people this is the only compesantion for the loss o my dad??just his earnings during the lifetime work and the pain and suference compensation wich is 20.30 tousands francs...thats all??this is the price of a human beeings life??if the insurance do not pay for my father death the driver dont pay(not money)for his neglijence who is paying??me and my family had enough all ready with the loss of my father we paid a lot all ready also my sister is verry badly damaged and my mother the same situation.this is the law in ch with the insurance and the car accidents??the law doesent permit that the driver responsible for the death of my father to pay the insurance not payng...thats perfect thats the cherry on the top of the cake...absolut perfect!!!please if a qualifed lawyer can contact me to clear my up with this matter please help me
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Old 28.01.2012, 14:16
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Re: a live worth

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y dont want to prosecute nobody
A successful prosecution of the other driver is key to apportioning blame.

Someone has died, the police will prosecute whomever is to blame, if they can.

Again, you need to contact your fathers insurers. Often other policies include legal cover as well, ie household insurance.
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Old 28.01.2012, 19:48
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Re: a live worth

Again, I am so sorry you are going though this. Without knowing all the facts and the official reports, it is almost impossible for someone to help you here. You need professional help and advice, not a Forum like this one. As said before, not the accident has been highlighted it is also dangerous for you to discuss this here, as it might be used against you

My sincere good wishes and condoleances.
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Old 28.01.2012, 21:42
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Re: a live worth

Quote:
Again, I am so sorry you are going though this. Without knowing all the facts and the official reports, it is almost impossible for someone to help you here. You need professional help and advice, not a Forum like this one. As said before, not the accident has been highlighted it is also dangerous for you to discuss this here, as it might be used against you

My sincere good wishes and condoleances.
y have recieved the police raport and my father is not guilty doesent have absolutli no guilt he was traveling normal with lights with seat belt everithing he was hit from behind and the engine stopped could not start again thats why mi fathers car was standind on the highway without lights and the second car(militari a8 security gepanzert)was hiting them with high speed without breaking.. now y asked that because y want to know wats the payments usualy for an accident with deaths and distroied people...y know my father verry well thats why a started to talk anout this here y was absolutli shure he wasent guilti only bi seeing the fotos from the newspaper site...and the police confirmated what y was telling...
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Old 28.01.2012, 21:55
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Re: a live worth

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y have recieved the police raport and my father is not guilty doesent have absolutli no guilt he was traveling normal with lights with seat belt everithing he was hit from behind and the engine stopped could not start again thats why mi fathers car was standind on the highway without lights and the second car(militari a8 security gepanzert)was hiting them with high speed without breaking.. now y asked that because y want to know wats the payments usualy for an accident with deaths and distroied people...y know my father verry well thats why a started to talk anout this here y was absolutli shure he wasent guilti only bi seeing the fotos from the newspaper site...and the police confirmated what y was telling...
There is no standard answer that you are looking for. You have to speak to your father's insurance company and they will then talk to the insurance companies of everyone involved in the accident. You should not need to do this.

Was anyone in your family living and working in Switzerland at the time or where they just passing through?

Your best bet though would be to go find a lawyer to help you.

I'm sorry for your loss and wish your mother and sister well.
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Old 28.01.2012, 23:06
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Re: a live worth

I've had a look on the road cross website. I really recommend contacting them. They'll have been involved in advising hundreds or families of what to do.

Regarding consultation they write:

Accidents always happen unexpectedly. We don't leave you alone. Call us after an accident as soon as possible under the number 044 310 13 13. We offer support with the following services:

• Free consulation after an accident with injuries
• mediation of specialised lawyers from our network.
• mediation of medical and psychological specialists.
• accompanying one through the case.

Who can ask for this?

Our consultation is directed towards people injured in a road accident and has the target to prevent that no personal, professional and financial disadvantages occur. The consultation is free and can be used by those affected or relatives of victims. We help dealing with the authorities, insurances or experts and show you which first steps are important so that your concerns are considered after an accident and payments are ensured for the longterm.



They have some examples of cases that they have dealt with one of them concerns insurances:

Mr. G. is hit by a car while on the way to work with his bike, even though drove correctly. He brakes his leg and an arm through this. The liability insurance refused to acknowledge liability because the driver claimed G. wasn't riding correctly.

The consequence: Mr. G is unsettled and intimidated and doesn't know how to defend himself on his own. The acknowledgement of liability by the insurance doesn't come and G let's 3 months past without pressing charges against the driver as he didn't know of this deadline.

How we help: If G. contacts us within the first weeks of the accident, we recommend him to press charges against the driver immeditately.
The insurance of the driver becomes under pressure. In the most cases the insurance of the driver acknowledges liability. Because of this They pay 100% of the costs relating to the accident.



I would really contact them.
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Old 29.01.2012, 00:25
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Re: a live worth

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please if a qualifed lawyer can contact me to clear my up with this matter please help me
Contact what yjt recommended, as it seems no one is specialized in issues like yours.

Also, as your father was not at fault, I believe the other driver's insurance company should cover for the most part of your losses.
But thing is, you're in a foreign country. They will try to walk over you, when you don't know your rights, the rules, regulations etc. That'a why I say it again: you need professional help and not forums like that.
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Old 30.01.2012, 03:14
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Re: a live worth

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There is no standard answer that you are looking for. You have to speak to your father's insurance company and they will then talk to the insurance companies of everyone involved in the accident. You should not need to do this.

Was anyone in your family living and working in Switzerland at the time or where they just passing through?

Your best bet though would be to go find a lawyer to help you.

I'm sorry for your loss and wish your mother and sister well.
no they war just passing trough ch.!MY lawyer told me about a insurance will pay but i think its too low the car wo killed my father is more expinsive,thats the worth of a life???or the better question the insurance pays only his lifetime incomes??but the fact that he was killed in the accident doesnt pay??y need to know because y dont want to be trickt be the insurances
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Old 30.01.2012, 08:04
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Re: a live worth

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no they war just passing trough ch.!MY lawyer told me about a insurance will pay but i think its too low the car wo killed my father is more expinsive,thats the worth of a life???or the better question the insurance pays only his lifetime incomes??but the fact that he was killed in the accident doesnt pay??y need to know because y dont want to be trickt be the insurances
Swiss law is guided by the principle that you shouldn't be better off after the accident than before (that is the meaning of the word "compensation"). So lifetime earnings + medical bills + longtime care bills it is as compensation.

What you are really looking for is monetary compensation for "pain and suffering" AKA "reparation morale" or "Genugtuung". This has nothing to do with how expensive the car involved in the accident is. It has to do a lot with how much other drivers are at fault. From your description, your father may not have been at fault for coming to a stand on the fast lane of the motorway. But then the driver who crashes into a car that is stationary in the fast lane may not be a fault either, or not very much so.

As I posted earlier, up to CHF 50'000 in "pain and suffering" (ie in addition to compensation) have been awarded to the spouse of a man killed in a traffic accident. A young man disabled for life has been awarded CHF 200'000 (plus compensation). In both cases the other driver had been found to be gravely at fault for the accident (very reckless driving, with the eventual victims being more or less innocent "bystanders").

You need to talk to your lawyer.
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