
What compensation can a victim of RTAs receive?
Upon the occurrence of an insured event, the insurer who insured the civil liability of the owner of the vehicle that caused the loss, or LTAB (if the insurance indemnity is to be paid from the Guarantee Fund) covers losses, not exceeding the specified limit of liability of the insurer: for losses caused to a person up to 5 euros (regardless of the number of victims), and for losses caused to property up to 210 euros (regardless of the number of third parties).
According to Article 25 of the MTPL Law, damage to property is damage caused by:
- for a vehicle – it is damaged or destroyed;
- a road, road construction, building or structure – they have been damaged or destroyed;
- property belonging to a person – it has been damaged or destroyed, for example, a damaged fence, bicycle, mobile phone or other private property of a person;
- Property damage also includes losses incurred while carrying out rescue operations for victims of a traffic accident, or incurred due to damage to the vehicle used to transport the victim to a medical institution or soiling of the interior of this vehicle, as well as losses incurred while evacuating vehicles from the scene of a traffic accident, or due to environmental damage.
The damages caused to a person (driver of the injured vehicle, passenger, cyclist, pedestrian, if no violations of the Road Traffic Regulations have been detected in their actions), in accordance with Article 19 of the MTPL Law, are divided into two parts:
- non-material losses (moral damage) – related to pain and mental suffering due to the victim’s physical injury, mutilation, disability, death of the breadwinner, dependent or spouse, disability of the breadwinner, dependent or spouse of group 1. The amount of these losses and the procedure for calculating them are determined separately by Cabinet Regulation No. 340 “Regulations on the amount of insurance compensation and the procedure for calculating compensation for non-material losses caused to a person” https://likumi.lv/doc.php?id=267451.
- material (pecuniary) losses – related to the treatment of the victim (expenses related to the assistance provided by the emergency medical team to the victim, the transportation, placement, maintenance, diagnostics, treatment and rehabilitation of the victim in a medical and medical rehabilitation institution (including travel expenses when visiting a medical or medical rehabilitation institution), care of the victim, purchase of medical supplies, medical nutrition, treatment at home (including travel expenses when visiting a medical or medical rehabilitation institution), as well as prosthetics, endoprosthetics and the purchase or rental of technical aids), temporary incapacity for work (unearned income for the period of incapacity for work certified by the medical institution), loss of working capacity (unearned income/income difference due to disability), death (compensation for dependents, funeral expenses). The amount of these losses and the procedure for calculating them are determined by separate Cabinet Regulations No. 1008 “Regulations on the amount of insurance compensation and the procedure for calculating it for material losses caused to a person” https://likumi.lv/doc.php?id=98105;
