Motorcyclists are particularly dangerous. They travel fast and in the event of an accident there is no body to protect them from the worst. As a biker broke several bones equal, because he a combine harvester in the curve could not avoid a country road and with this collision.
The Higher Regional Court awarded compensation for pain and suffering for a fracture on his left foot, left shin, a broken left metacarpal, a nasal bone fracture and other injuries. The driver and operator of the combine were fined to pay 13,333 dollars. In this regard, motorcycle/car accident lawyer may help in getting compensation against the accident.
Using this practical example, let’s take a look at when an injured person can claim compensation for pain and suffering for a broken bone (fracture) and whether their own accident insurance may also pay.
Eligibility requirements for compensation for pain and suffering due to a fracture
The compensation for pain and suffering is a claim for damages, the non-pecuniary damage suffered z. B. compensate for bodily harm and provide the injured party with compensation for suffering suffered. Such non-property damage is in particular pain, impairment of one’s own joie de vivre and worries.
According to Section 253 (1) of the Civil Code, the prerequisite is that the law also provides for such a right for the specific individual case. In the case of the motorcyclist, the OLG saw a claim for damages and compensation for pain and suffering for the fracture and all other injuries on the basis of Section 823 (1).
This Eligibility Basis states the following:
“Anyone who intentionally or negligently harms the life, body, health […] of another person unlawfully is obliged to compensate the other person for the resulting damage.”
The driver of the combine has equal violated several due diligence and thereby the accident causes and the injuries of the motorcyclist. His claim to compensation for pain and suffering is based on the following rule violations by the other party involved in the accident:
- Due to the width of the thresher (3.50 meters), he would have had to use an escort vehicle with a yellow circular light in order to draw attention to the danger posed by this vehicle at an early stage.
- The combine harvester driver violated the right-hand driving law because he was not driving far enough to the right with a side clearance of 0.9 m. As a result, the oncoming lane narrowed to 1 m.
- Before entering the bend, it would have been the combine operator’s duty to make himself noticeable by horn signals.
The motorcyclist can also demand compensation from the owner for fractures of the foot, leg, ankle, metacarpal and nasal bone as well as other injuries, because the operator’s violations are attributable to the owner due to an organizational fault. He should have made sure that his driver took the necessary precautionary measures and gave him appropriate instructions.
Further bases for entitlement to compensation for pain and suffering in the event of a fracture
Mostly, claims for pain and suffering are based on:
- Unauthorized acts (e.g. Administrative offenses) and criminal offenses
- Traffic accidents according to §§ 7, 18, 11 road traffic act
- Product liability of manufacturers
- Medical art, treatment and diagnosis errors
In the dispute before the OLG Hamm, liability of the driver and operator of the combine harvester according to section 7 and 18, was not possible. The reason for this was the maximum speed of the agricultural vehicle of 20 km/h. This circumstance includes according to Section 8 N1. 1 assumes liability according to § 7.
How much is the compensation for a fracture?
How high the claim for compensation for pain and suffering is in the individual case is determined by the judge at his own discretion. In particular, it takes into account:
- Nature and duration of the injury
- Permanent damage and disfigurement or scars
- Occupational impairments
- Personal conditions of the injured party and the injured party
- Contributory negligence of the injured party
In our example, the biker suffered multiple fractures and other injuries. As a result, he had to be operated three times and then treated as an inpatient for 26 days. After a month of rehab, he was operated on again and spent another 12 days in the hospital. He will be left with clearly visible scars on his left leg from the accident.
Compensation for fracture and all other damage was reduced due to contributory negligence on the part of the biker. Because he was traveling too fast.
Table of compensation for pain and suffering: collections of judgments provide initial orientation
In practice, tables of compensation for pain and suffering provide an initial indication of how high the compensation for pain and suffering can be in the case of certain injuries. Actually, these tables are nothing more than collections of judgments.
Insurance companies and courts use this as a guide. However, judges are not bound by it, nor do they take inflation into account.
Below is a small selection of cases in which the injured party received compensation for a fracture.
Does the accident insurance pay compensation after a broken bone?
Usually the person who caused the damage is always the one who has to pay compensation for an invoice. If he has taken out a corresponding liability insurance, this covers the damage and the compensation for pain and suffering.
However, numerous accidents occur in the household or during leisure time, in which neither the statutory accident insurance nor a third party liability insurance takes over.
A private accident insurance closes this insurance gap. In the event of an insured event (= accident outside of work), it pays the insured person an accident pension or a lump sum, but only if this has a lasting impact on health.
Some insurers offer an extension of the benefits, for example a fixed or staggered compensation for pain and suffering for broken bones. However, interested parties should first check whether accident insurance makes sense for them at all.
