16 th European Traffic Law Days
Budapest,
8 and 9 October 2015
WORKSHOP “SETTLEMENT OF FATAL ROAD ACCIDENT CLAIMS”
DR TIBOR PATAKY, LAWYER, HUNG ARY
Workshop
“Settlement of
fatal road accident claims”
The victim:
40-‐year-‐old father of two children, employee Net monthly earnings € 2,500
His wife (age 35):
Net earnings € 1,200 Their children:
Ages 2 and 12
Domestic responsibilities:
The wife 70 %, the husband 30 % Household cost:
Rented home (monthly cost € 1,000 incl. ancillary costs)
Car (monthly cost € 200)The wife learns about her husband’s death from the police
Case 1:
Workshop
“Settlement of
fatal road accident claims”
The victim:
Age 40, father of two, self-‐employed, one-‐man business Net monthly earnings € 4,000
The intention is to carry on the business His wife (age 35):
Net earnings € 1,200 Their children:
Daughter, age 2
Son, age 18, has finished school, wants to go to college Domestic responsibilities:
The wife 70 %, the husband 30 % Household cost:
Family home (financed, monthly cost € 1,500 incl. ancillary costs)
Car (monthly cost € 400)
The wife saw her husband die at the scene of the accident
Case 2:
Workshop
“Settlement of fatal road
accident claims”
The victim:
Young man, age 17;
was supposed to graduate from school at 18;
The plan was to go to medical school (for which he was qualified)
Severest injuries leading to death within 1.5 hours without regaining consciousness
Family:
Father, age 47, net monthly earnings € 2,500 Mother, age 38, employed,
Net monthly earnings € 1,200 1 brother, age 15
1 sister, age 12
The mother was informed of her son’s death by the police The mother informed the others
Case 3:
Workshop
“Settlement of fatal road
accident claims”
Relative to cases 1 and 2:
1. Loss of support wife/children
– The children have substantiated maintenance claims; the amounts remain to be determined. Many circumstances must be considered. The wife has a theoretical claim. In the two cases at hand it does not appear justified.
2. Claims for damages for pain and suffering (including damages for grief, pretium doloris)
– The wife approx. € 15,000, – the children each between
€ 12,000 and € 15,000. However, the amount of damages depends on many circumstances. It may be relatively high or relatively low.
3. Loss or impairment of housekeeping capacity
– However, the claimant must prove the actual cost incurred.
4. Miscellaneous claims (funeral expenses, ...)
– For instance claims can be made for funeral expenses, expenses for a funeral repast and 50% of the cost of a mourning dress.
Questions:
Workshop
“Settlement of fatal road
accident claims”
Relative to case 3:
1. Maintenance claims
– Generally, Hungarian law recognises parents’ claims for
maintenance from a deceased child. However, the parameters of this case do not seem to justify any such claims by the
parents.
2. Claims for damages for pain and suffering (including damages for grief, pretium doloris)
– Approx. € 15,000 per person – however, the amount of damages depends on many circumstances. It may be relatively high or relatively low.
3. Loss or impairment of housekeeping capacity
– It may well be that the deceased used to do a lot of
gardening or household work, which contribution is now lost.
Therefore the court must examine the justification of the parents’ claims and the amounts claimed.
4. Miscellaneous claims (funeral expenses, ...)
– For instance claims can be made for funeral expenses, expenses for a funeral repast and 50% of the cost of a mourning dress.
Questions:
