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Published: 20.05.2005
 
 CABINET OF MINISTERS OF THE REPUBLIC OF LATVIA
 
 Regulations No 331
17.05.2005
In Rīga
 
 
Regulations on the Amount and Procedure of Calculation of the Insurance Indemnity for Non-material Losses Caused to a Person
 
(Minutes No 30 § 1)
Adopted pursuant to Article 19 (3) of the Law on
the Compulsory Third Party Liability Insurance for
 Owners of Inland Motor Vehicles
 
 
I. General Provisions
1. The Regulations shall determine the amount and procedure of calculation of insurance indemnity of the compulsory third party liability insurance for owners of inland motor vehicles for non-material losses caused to a person in a road accident that are related to pain and mental suffering due to physical trauma of the suffered person, mutilation, invalidity of the suffered person as well as due to death of breadwinner, dependent or spouse or because of invalidity of I group of the breadwinner, dependent or spouse.
2. The insurance indemnity for non-material losses caused to a person in a road accident (hereinafter – insurance indemnity) shall be paid as a lump-sum payment, if the insurer or the Motor Insurers’ Bureau has taken a decision on payment of the insurance indemnity.
 
II. The Amount of the Insurance Indemnity
3. The amount of the insurance indemnity for pain and mental suffering of the suffered person due to physical trauma of the suffered person shall be between 20 and 400 Lats. The insurance indemnity shall be paid to the suffered person in the following cases and amounts:
3.1. if the suffered person has severe bodily injury – between 250 and 400 Lats. The insurer or the Motor Insurers’ Bureau shall indemnify a maximum amount of the insurance indemnity to be payable that is set for the specific level of bodily injury, if the established bodily injury is indicated as politrauma (simultaneous damages to several anatomic areas of the body) in the opinion of a forensic expert;
3.2. if the suffered person has moderate bodily injury – between 80 and 200 Lats;
3.3. if the suffered person has mild bodily injury, which led to the health disturbance – between 20 and 50 Lats.
4. The insurer or the Motor Insurers’ Bureau shall not indemnify non-material losses caused to a person due to mild bodily injury of the suffered person, if it has not led to the health disturbance.
5. The insurer or the Motor Insurers’ Bureau shall calculate the amount of insurance indemnity for pain and mental suffering of the suffered person due to physical trauma:
5.1. a severity level of bodily injury is established in accordance with the opinion of the forensic expert;
5.2. bodily injury is listed in accordance with the opinion of the forensic expert;
5.3. percentage to be applied in calculations of the insurance indemnity (Annex) for bodily injury mentioned in the Paragraph 5.2 of these Regulations is set;
5.4. if extracts from medical records of the patient of the hospital and/ or outpatient medical institution indicate collateral illnesses, which prolong or complicate the treatment of trauma obtained in a road accident as well as if other factors influencing a quality of life of the suffered person after the road accident are established, additional 10 % to a base coefficient mentioned in the Paragraph 5.5 of these Regulations are included;
5.5. a total amount of the insurance indemnity for physical trauma of the suffered person is calculated using the following formula:
 
A = Min + (P1 x 150 + P2 x 150 + … + Pn x 150 + C x 150),
 
where A – a total amount of the insurance indemnity for physical trauma of the suffered person (in Lats);
Min – minimum amount of the insurance indemnity set for each severity level of bodily injury;
P1 … Pn – percentage to be applied to each bodily injury (Annex);
C – collateral illnesses and other factors mentioned in the Paragraph 5.4 of these Regulations;
150 – a base coefficient.
6. The amount of the insurance indemnity for pain and mental suffering of the suffered person due to mutilation, invalidity of the suffered person is between 25 and 250 Lats. The insurance indemnity shall be paid to the suffered person in the following cases and amounts:
6.1. if the suffered person has tissue injuries – visible scars and/ or pigmentation, facial and/ or bodily asymmetry (without functional defects) – 25 Lats;
6.2. if the suffered person has tissue injuries, which has led to functional defects – 50 Lats;
6.3. the suffered person has become a disabled of I invalidity group – 175 Lats;
6.4. the suffered person has become a disabled of II invalidity group – 100 Lats;
6.5. the suffered person has become a disabled of III invalidity group – 50 Lats;
6.6. if tissue injuries mentioned in the Paragraphs 6.1 and 6.2 of these Regulations are established simultaneously, the insurer or the Motor Insurers’ Bureau pays the insurance indemnity in the amount mentioned in the Paragraphs 6.1 and 6.2 of these Regulations;
6.7. if disability  mentioned in the Paragraph 6.3 or 6.4, or 6.5 of these Regulations  and tissue injuries mentioned in the Paragraph 6.1.  of these Regulations are established simultaneously, the insurer or the Motor Insurers’ Bureau pays the insurance indemnity in the amount set in the Paragraph 6.3 or 6.4, or 6.5 of these Regulations and the amount mentioned in the Paragraph 6.1 of these Regulations respectively;
6.8. if disability mentioned in the Paragraph 6.3 or 6.4, or 6.5 of these Regulations and tissue injuries mentioned in the Paragraph 6.2  of these Regulations are established simultaneously, the insurer or the Motor Insurers’ Bureau pays the insurance indemnity in the amount set in the Paragraph 6.3 or 6.4, or 6.5 of these Regulations and the amount mentioned in the Paragraph 6.2. of these Regulations respectively;
6.9. if disability mentioned in the Paragraph 6.3 or 6.4, or 6.5 of these Regulations and tissue injuries mentioned in the Paragraphs 6.1 and 6.2 of these Regulations are established simultaneously, the insurer or the Motor Insurers’ Bureau pays the insurance indemnity in the amount set in the Paragraph 6.3 or 6.4, or 6.5 of these Regulations and the amount mentioned in the Paragraphs 6.1 and 6.2 of these Regulations respectively.
7. The amount of insurance indemnity for pain and mental suffering due to death of breadwinner, dependent or spouse is 100 Lats to each claimant of the insurance indemnity in accordance with the number of persons mentioned in the Article 23(1) of the Law on the Compulsory Third Party Liability Insurance for Owners of Inland Motor Vehicles.
8. The amount of insurance indemnity for pain and mental suffering because of invalidity of I group of the breadwinner, dependent or spouse is 100 Lats to each claimant of the insurance indemnity in accordance with the number of persons mentioned in the Article 23(1) of the Law on the Compulsory Third Party Liability Insurance for Owners of Inland Motor Vehicles.
9. In case of death of the suffered person the right to insurance indemnity mentioned in the Paragraphs 3 and 6 of these Regulations cannot be inherited.
10. A total amount of the insurance indemnity is up to 1 000 Lats to each person suffered in a road accident, if all losses mentioned in the Paragraphs 3, 6, 7 and 8 of these Regulations are indemnified.
 
III. Documents Necessary to Receive the Insurance Indemnity
11. The following documents shall be enclosed to the application for the insurance indemnity for pain and mental suffering of the suffered person due to physical trauma of the suffered person:
11.1. a copy of the opinion of a forensic expert;
11.2. extracts from medical records of the patient of the hospital and/ or outpatient medical institution, to which the person who suffered in the road accident has been delivered or where this person consulted after the road accident.
12. The following documents shall be enclosed to the application for the insurance indemnity for pain and mental suffering of the suffered person due to mutilation of the suffered person:
12.1. a copy of the opinion of a forensic expert;
12.2. extracts from medical records of the patient of the hospital and/ or outpatient medical institution, to which the person who suffered in the road accident has been delivered or where this person consulted after the road accident.
13. A copy of a disability reference issued by the Health and Disablement Expertise Doctors Commission (upon presenting the original) and a notarised copy of a decision on stating the disability shall be enclosed to the application for the insurance indemnity for pain and mental suffering of the suffered person due to invalidity.
14. The following documents shall be enclosed to the application for the insurance indemnity for pain and mental suffering of the suffered person due to of breadwinner, dependent or spouse:
14.1. in case of death of the breadwinner:
14.1.1. a copy of the birth certificate of the dependent (upon presenting the original);
14.1.2. a reference on persons dependent upon the deceased;
14.2. in case of death of the dependent – a copy of the birth certificate of the dependent (upon presenting the original);
14.3. in case of death of the spouse – a copy of the marriage certificate (upon presenting the original).
15. The following documents shall be enclosed to the application for the insurance indemnity for pain and mental suffering of the suffered person because of invalidity of I group of the breadwinner, dependent or spouse:
15.1. A copy of a disability reference issued by the Health and Disablement Expertise Doctors Commission (upon presenting the original) and a notarised copy of a decision on stating the disability;
15.2. if the breadwinner has become a disabled of I invalidity group:
15.2.1. a reference on persons dependent on the breadwinner;
15.2.2. copies of certificates of birth of dependents (upon presenting originals);
15.3. if the dependent  has become a disabled of I invalidity group – a copy of the birth certificate of the dependent (upon presenting the original);
15.4. if the spouse has become a disabled of I invalidity group – a copy of the marriage certificate (upon presenting the original).
16. The insurer or the Motor Insurers’ Bureau shall enclose documents that are attached to the written application for material losses caused to a person in a road accident to the application for the insurance indemnity for non-material losses caused to a person in a road accident and documents mentioned in the Paragraphs 11, 12, 13, 14 and 15 of these Regulations.
 
IV. Final Provision
17. These Regulations shall be applicable as of 1 May 2005.
 
Prime Minister              A.Kalvītis
Minister of Finance       O.Spurdziņš
 
Comment by the editorial: the Regulations shall come into force as of 1 May 2005.
 
Annex
Percentage to be Applied in Calculation of the Insurance Indemnity in Accordance with the Bodily Injury  
No Bodily Injury Percentage to be Applied in Calculation of the Insurance Indemnity*
I. Backbone
1. Fracture of vertebral body, arch and joint projection, except sacrum and coccyx:  
1.1. one – two vertebrae 15
1.2. three – five vertebrae 30
1.3. Six and more vertebrae 40
2. Fracture of each cross projection or pointed projection 5
3. Fracture of sacrum 10
4. Fracture of coccyx 10
II. Shoulder joint, upper arm, forearm, palm
5. Fracture of scapula and/ or fracture of collarbone 10
6. Fracture of the scapulothoracic joint cavity, fracture of the greater tubercle, disruption of the ligament or joint capsula, shoulder joint dislocation (except habitual dislocation):  
6.1. Fracture of one bone, disruption of sinews, joint capsule, tear of bone fragments, shoulder joint dislocation 5
6.2. fracture of the greater tubercle, fracture of two bones, fracture of scapula with  shoulder joint dislocation 10
6.3. fracture of scapulothoracic joint cavity, head of the upper arm bone, anatomical neck and surgical neck, fracture – dislocation 15
7. Fracture of the humerus:  
7.1. at any level 15
7.2. double facture 20
8. Traumatic amputation or severe damage to the upper arm followed by:  
8.1. amputation of scapula, collarbone or its part 80
8.2. amputation of the upper arm at any level 70
8.3. amputation of the only member at the level of the upper arm 90
9. Damage to the elbow joint:  
9.1. forearm pronation 5
9.2. tear of bone fragments as well as  fracture of epicondyles, radius or ulna, dislocation 5
9.3. fracture of radius un ulna, dislocation of forearm 10
9.4. intraarticular fracture of upper arm with radius and ulna (fracture of three bones) 20
10. fracture of forearm bones at any level, except the joint area:  
10.1. fracture of one bone, dislocation 5
10.2. fracture of both bones, double fracture of one bone 10
11. Traumatic amputation or severe damage to the forearm followed by:  
11.1. amputation of the forearm at any level 70
11.2. exarticulation in the elbow joint 70
11.3. amputation of the only member at the level of the forearm 90
12. Traumatic damage to the palm:  
12.1. Fracture of one forearm bone, tear of styloid process of radius, tear of bone (fractures), dislocation of ulna head 5
12.2. Fracture of both forearm bones 10
12.3. Perilunar dislocation of the hand 15
13. Fracture or dislocation of one main bone:  
13.1. of one bone (except the scaphoid bone) 5
13.2. of two or more bones, the scaphoid bone 10
14. Traumatic amputation or severe damage to the wrist followed by:  
14.1. amputation of the palm at the level of the main bone or wrist 60
14.2. amputation of the only palm 90
15. Damage to the first finger:  
15.1. tear of the nail plate 3
15.2. fracture, dislocation, injury with the defect of phalange soft tissues, transection of tendon (tendons) capsula, agnail of tendons, joint, bones 5
16. Damage followed by amputation of the first finger:  
16.1. at the level of the nail phalange 10
16.2. at the level of middle phalange joint (loss of nail phalange) 15
16.3. at the level of base phalange, metacarpal bone  – base phalange joint 20
16.4. with metacarpal bone or its part 25
17. Damage to the second, third, fourth, fifth finger:  
17.1. tear of the nail plate 3
17.2. fracture, dislocation, injury with the defect of phalange soft tissues, disruption of tendon, agnail of tendons, joints, bones 5
18. Damage to the second, third, fourth, fifth finger followed by:  
18.1. amputation at the level of the nail phalange, loss of the phalange 5
18.2. amputation at the level of the middle phalange (loss of two phalanges) 10
18.3. amputation at the level of the base phalange, loss of the finger 15
18.4. amputation of the finger with a part of metacarpal bone 20
III. Pelvis, thigh, shin, foot
19. Pelvic bone fractures:  
19.1. fracture of one bone 10
19.2. fracture of two bones or double fracture of one bone, disruption of one joint 15
19.3. fracture of three or more bones, disruption of two or three joint 20
20. Damage to the hip joint (if several damages have been established, the insurance indemnity is paid for the most severe one):  
20.1. tear of bone fragments 5
20.2. isolated tear of one or both twisters 10
20.3. dislocation of the hip joint 15
20.4. fracture of the hipbone head, neck 30
21. Fracture of the thighbone:  
21.1. at any level, except the joint area 25
21.2. double fracture of thighbone 30
22. Traumatic amputation or severe damage to the thigh followed by:  
22.1. amputation of one member at any level 70
22.2. amputation of the only member 90
23. Damage to the knee-joint:  
23.1. haemarthrosis approved by punction 5
23.2. tear of bone fragments, fracture of epicondyle, fracture of the head of the fibula, intraarticular fibrocartilage damage,  transection of ligaments, dislocation 5
23.3. fracture of the patella, medial condyle projection, fracture of the bone condyle 10
23.4. fracture of the thighbone distal metaphysis, fracture of condyles together with proximal fracture of any bone of the thighbone 20
24. Fracture of the thighbone at any level, except intraarticular:  
24.1. fracture of the fibula, tearing away of bone fragments 5
24.2. fracture of the tibia, double fracture of fibula 10
24.3. double fracture of both bones or tibia at all levels 15
25. Traumatic amputation or severe damage to the shin (if several damages have been established, the insurance indemnity is paid for the most severe one) followed by:  
25.1. shin amputation at any level 70
25.2. exarticulation in the knee joint 70
25.3. amputation of the only member at any  shin level 90
26. Damage to the foot joints:  
26.1. haemarthrosis approved by punction 5
26.2. fracture of one ankle, transection of ligaments 5
26.3. fracture of two ankles, fracture of both ankles or one ankle and tibia side, isolated disruption of inter-bone syndesmosis 10
26.4. fracture of both ankles with fracture of tibia side, intraarticular tibia fracture 15
27. Achilles tendon damage:  
27.1. with conservative treatment 5
27.2. performing surgery 15
28. Foot dislocation and foot bone fractures:  
28.1. Fracture of one bone of dislocation (except the heel bone and felt-bone) 5
28.2. felt-bone, fracture of two  bones, dislocation 10
28.3. fracture of three and more bones (dislocation), fracture of the heel bone, subtalar dislocation of the foot, dislocation of the foot joint (Shepart, Lisfranc joint) 15
29. Amputation of the foot:  
29.1. at  the level of metatarsophalangeal joint (loss of all toes) 30
29.2. at  the level of metatarsal bone or tarsal bone 40
29.3. felt-bone, heel bone (loss of the feet) 50
30. Fractures of a toe (toes) phalanges of one foot, dislocations, transections of tendon:  
30.1. of one toe 5
30.2. of two-three toes 5
30.3. of four-five toes 10
31. Traumatic amputation or severe damage to the first toe followed by amputation:  
31.1. at the level of the nail phalange (loss of the nail phalange) 5
31.2. at the level of the base phalange (loss of the toe) 10
32. Traumatic amputation or severe damage to the second, third, fourth, fifth toe followed by amputation:  
32.1. at the level of one-two toe nail or medial phalange 5
32.2. at the level of one-two toe base phalanges (loss of the toe) 10
32.3. at the level of three-four toe nail or medial phalange 15
32.4. at the level of three-four base phalanges (loss of the toes) 20
IV. Skull, central and peripheral nervous system
33. Cranium bone fracture:  
33.1. fracture of the cranium bone external plate 5
33.2. cranium 15
33.3. basic 20
33.4. cranium and basic 25
34. Intracranial traumatic haemorrhage:  
34.1. epidural haematoma 10
34.2. subdural intracerebral haematoma 15
34.3. subdural and epidural (intracerebral) haematoma 20
35. Brain trauma:  
35.1. brain concussion 5
35.2. brain contusion, subarahnoidal blood effusion 15
35.3. foreign body in the skull (except surgery materials) 20
36. Damage to the nervous system causing:  
36.1. monoparesis of lower or upper extremity 20
36.2. paraparesis and hemiparesis (paresis of both upper or both lower, both left or right side extremities) 30
36.3. monoplegia (paralysis of one extremity), amnesia (memory loss) 50
36.4. tetraparesis (paresis of both upper and lower extremities), motor coordination disorder, mental deficiency (demency), aphasia 70
36.5. hemi-, para- or tetraplegia, decortication, darbības traucējumus of the organs of the pelvis 80
36.6. peripheral damage of one or more cerebral nerves 10
37. Damage to the spinal cord (at any level):  
37.1. concussion, bruise 5
37.2. compressing, hematomielya 10
37.3. complete transection of the spinal cord 80
38. Damage to the neck, hand, waist and sacral plexus (injury, transection):  
38.1. traumatic plexopathy 10
38.2. incomplete transection of plexus 20
38.3. complete transection of plexus 30
39. Transection of nerves:  
39.1. transection of one nerve at the level of the finger, foot or wrist 5
39.2. transection of one nerve at the level of the forearm, shin 10
39.3. transection of two and more nerves at the level of the forearm, shin 20
39.4. transection of one nerve at the level of upper arm, elbow joint, thigh 25
39.5. transection of two and more nerves at the level of upper arm, elbow joint, thigh 30
V. Organs of sight
40. One eye accommodation paralysis 15
41. Hemianopsia (reduction in vision in one half of the visual field) in one eye, damage to the eye muscles  (traumatic heterotropia, ptosis, diplopia) 15
42. Reduction of the visual field of one eye 10
43. Pulsating exoftalm of one eye 20
44. Injury of tear duct of one eye, which causes functional disorders 5
45. Eye (eyes) injury, which has caused complete loss of vision in both eyes or the only sightful eye 80
46. Removal of eyeball of blind eye (enucleation) because of trauma 10
47. Fracture of orbit 10
48. Eye injury, which has caused reduction of vision acuity 15
 VI. Hearing organs  
49. Damage to the pinna followed by:  
49.1. fracture of the pinna cartilage, othematoma 5
49.2. loss of the pinna 20
50. Decrease in hearing after traumatic damage to the ear 15
51. Disruption of thee eardrum because of trauma (without decrease in hearing) 5
 VII. Breathing organs and breathing systems  
52. Fracture of the nasal bone or cartilage, dislocation, fracture of the upper jaw or forehead cavity front wall 5
53. Foreign body in the cavity of the thorax, traumatic damage to the lungs, subcutaneous emphysema, hemothorax, pneumothorax, traumatic pleuritis:  
53.1. unilateral 5
53.2. bilateral 10
54. Damage to the thorax and its organs followed by:  
54.1. removal of a part, lobe of the lung, 25
54.2.  complete removal of one lung 50
55. Fracture of the thorax 5
56. Fracture of the rib 5 (for fracture of each rib but not more than 15)
57. Penetrating traumatic injury of the thorax:  
57.1. without damage to organs of the thorax 5
57.2. with damage to organs of the thorax 15
58. Damage to the larynx and trachea without disturbance of breathing and speech   10
59. Damage to the larynx and trachea causing disturbance of breathing and speech   20
VIII. Heart un and circulatory system
60. Damage to the heart, pericardium and large arterial blood vessels (without functional disorders) 25
61. Damage to large peripheral blood vessels (without blood circulation disturbances) 10
62. Damage to large peripheral blood vessels, which has caused heart and blood circulation incompetence 20
IX. Digestive system
63. Fracture of upper jaw, cheek bone or lower jaw, dislocation of the lower jaw:  
63.1. dislocation of the lower jaw (except the habitual dislocation) 5
63.2. fracture of one bone 10
63.3. fracture of two and three bones, double fracture of one bone 15
64. Traumatic damage to the jaw, which has caused:  
64.1. loss of a part of the jaw 40
64.2. complete loss of the jaw 80
65. traumatic damage to the oral cavity, tongue, also with scar formation (irrespective of size) 5
66. Traumatic damage to tongue, which has caused:  
66.1. loss of the tip of the tongue 10
66.2. loss of the tongue at the distal third level 15
66.3. loss of the tongue at the middle third level 30
66.4. loss of the tongue at the root level or complete loss of the tongue 70
67. Loss of the tooth 3 (for loss of each tooth)
68. Throat, oesophagus, intestinal canal injury, traumatic disruption, as well as esophagoga-stroscopy performed to remove foreign bodies or to diagnose (functional disorders) 5
69. Traumatic damage to the oesophagus, which has caused oesophagus narrowing 40
70. Traumatic damage to digestive organs, which has caused:  
70.1. cicatricial narrowing of the stomach, intestinal canal, large intestine (deformation) 10
70.2. gut fistula, recto-vaginal fistula, pancreatic fistula 30
70.3. anus prenaturalis (colostomy) 50
71. Hemia that formed after damage to the front wall of the abdomen, in diaphragm or in the area scar after surgery, if the surgery has been performed after trauma 10
72. Damage to the liver followed by:  
72.1. liver suture 30
72.2. partial hepatic resection 40
73. Traumatic damage to the cholecyst followed by removal of the cholecyst 15
74. Traumatic damage to the spleen:  
74.1. Subcapsular spleen disruption without operative intervention 5
74.2. removal of the spleen 20
75. Traumatic damage to the stomach, pancreas, guts, mesentery followed by:  
75.1. necrosis, suture, post-traumatic cyst 20
75.2. resection of the stomach, guts, pancreas 30
75.3. gastroectomy 50
X. Urogenital system
76. Traumatic damage of the kidneys:  
76.1. kidney contusion, subcapsular disruption (without surgical operation) 5
76.2. resection of the kidney 30
76.3. removal of the kidney 60
77. Traumatic damage to the ureter, urinary bladder, urethra:  
77.1. without functional disorder 5
77.2. with functional disorder 20
78. Traumatic damage to the genital system of (without functional disorder) 5
79. Traumatic damage to the genital system, which has caused:  
79.1. loss of one testicle, ovary, oviduct 15
79.2. loss of both ovaries, the only ovary, both oviducts, the only oviduct, both testicles or the only testicle or partial loss of penis 90
79.3. amputation of the uterus because of trauma:  
79.3.1. up to 40 years of age 90
79.3.2. at the age between 40 and 50 50
79.3.3. at the age over 50 years 10
80. Complete loss of penis 90
XI. Soft tissues
81. Damage to soft tissues of the face, front-side surface of the neck, in double chin area, pinna, which has caused cosmetic defect 20
82. Traumatic damage to soft tissues of the hairy part of the head, body, extremities that has caused formation of scars 15
83. Unremoved foreign bodies 5
84. Muscle rupture, post-traumatic periostitis, muscle disruption, disruption of tendon 5
85. Traumatic shock or hemorrhagic shock caused by trauma 5
86. Pregnancy interruption 100
Notes.
1. * Percentage mentioned under the Paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,  21,  22,  23,  24,  25,  26,  27,  28,  29,  30,  31,  32,  33,  34,  35,  36,  37,  38,  39,  49,  53,  54,  63,  66,  70,  72,  74,  75,  76,  77 and 79.1. and 79.2. shall not be aggregated.
2. If the report of the forensic expert discloses bodily injuries not mentioned in this table, compensation percentage shall be set by an insurance specialist – doctor.
Minister of Finance O.Spurdziņš