The traffic accident is a pressing problem of the society, and causes many serious consequences for both the person causing the accident and the victim, and creates a burden on the society. Accordingly, the relevant parties are very interested in the liability for and the amount of damage compensation for the traffic accident when they face the traffic accident. This article will provide some information about the liability for and the amount of damage compensation for the traffic accident when the traffic accident occurs.
As a general rule, the liability for damage compensation for traffic accident arises when the operator harms the life, health, or property of a person, or the motorized means of transport causes damage to the life, health, or property of a person regardless of the fault of the owner, possessor, user of the motorized means of transport.
Apart from the above rule, the operator who harms the life, health, or property of a person shall be discharged from liability for damage compensation in the case where the damage occurs due to a force majeure event or at the entire fault of the aggrieved person unless otherwise agreed or otherwise prescribed at law. Another exception, the owner, possessor, or user of the motorized means of transport shall be discharged from liability for damage compensation in the case where the damage occurs due to the entire intentional fault of the aggrieved person or a force majeure event or an emergency situation unless otherwise prescribed at law.
In the case the traffic accident occurs during the motorized means of transport possessed or used illegally, the person who is illegally possessing or using such means shall be charged with the liability for and the amount of damage compensation for the traffic accident. However, the real owner, possessor, or user of the motorized means of transport and the illegal possessor or user shall jointly compensate if the motorized means of transport is illegally possessed or used due to the fault of the real owner, possessor, or user.
The civil law of Vietnam provides the liability for and the amount of damage compensation for the traffic accident as follows:
- The liability for and the amount of damage compensation for the traffic accident due to the harm to the property include:
- Property which was lost, destroyed, or damaged;
- Interests associated with the use and exploitation of the property were lost or declined;
- Reasonable costs for the prevention, mitigation, and remedy of the damage;
- Other damage as prescribed by law.
- The liability for and the amount of damage compensation for the traffic accident due to the harm to health include:
- Reasonable costs for treating, nursing, and rehabilitating health, and functional losses and impairment of the aggrieved person;
- Loss of or reductions 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 for the same work as the aggrieved person’s shall be applied;
- 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;
- Other damage as prescribed by law; and
- An amount of money as compensation for the mental suffering of the aggrieved person whose health is harmed by the traffic accident. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed the fifty-month base salary prescribed by the State.
- The liability for and the amount of damage compensation for the traffic accident due to the harm to life:
- Damages caused by harm to health;
- Reasonable funeral costs;
- Support of the dependants of the aggrieved person;
- Other damage as prescribed by law.
- An amount of money as compensation for the mental suffering of the close relatives in the first line of succession to the deceased due to the traffic accident. If there are no such relatives, this sum shall be paid to the persons who were directly reared by the deceased or to the persons who directly reared the deceased. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed the one-hundred-month base salary prescribed by the State.
The above is an overview of the liability for and the amount of damage compensation for the traffic accident. If you have trouble with legal issues regarding the liability for and the amount of damage compensation for the traffic accident, please contact us: Phuoc & Partners is a professional consulting firm established in Vietnam which currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners. It is rated as one of the leading consulting firms specializing in business law in Vietnam that has leading practice areas in the legal market such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective service.
