Non-pecuniary damage: what you need to know?

Non-pecuniary damage: what is it and how to recover it in the event of a traffic accident?

In the event of an accident, damage to property, getting into a traffic accident, it is usually urgent to talk about property damage. Non-pecuniary damage, or material losses, when values that do not have a ping expression are violated, are left out. It is not uncommon for it to be the one that can “cost” the victim the most, but a paradox is encountered, since it is not possible to recover compensation for non-pecuniary damage. When it belongs is defined by the laws, and these, as you know, can become a huge dead end for a person who has never encountered a similar situation.

Independent assessors work with the administration of a wide range of damages, including non-pecuniary ones, and can help you recover what you own, avoiding long and burdensome legal and out-of-court proceedings. The aim of Claims Management's team of independent damage assessors is to work as efficiently and profitably as possible for the benefit of clients, so when the need arises, we will do everything to ensure that compensation for non-pecuniary damage suffered is adequate and prompt.

But first of all we want to provide preventive assistance and introduce a little more broadly to the nuances of non-pecuniary damage — after all, just having knowledge of a specific issue makes a difficult situation less intimidating and easier to mobilize in search of a solution.

What is non-pecuniary damage?

The Civil Code interprets non-pecuniary damage as physical pain, spiritual experiences, inconvenience, spiritual shock, emotional depression, humiliation, deterioration of reputation, decrease in communication opportunities and other things that the court evaluates in monetary terms.

According to the Law on Compulsory Liability Insurance of Vehicle Drivers, non-pecuniary damage in a traffic accident is the same as the consequences mentioned above, resulting from damage to health caused by an accident or loss of life. Understanding the essential term is important, so we will add from ourselves by explaining that non-pecuniary damage is a certain spiritual offense for which it is impossible to accurately calculate and compensating materially can only be partially.

Non-pecuniary damage is also considered as a component of traffic accident damage — that is, insurers have an obligation to compensate not only material damage suffered by the victims, but also moral losses when such are identified.

When is non-pecuniary damage compensated?

The Civil Code also states that non-pecuniary damage is compensated only in cases established by law. This means that it is always compensated when committed for a crime, for the health of a person or for the deprivation of a person's life.

As well as other foreseen cases, the list of which is really long. From the illegal use of a name, image, violating privacy, honor and dignity (for example, publishing false information to the media or not being discharged from the hospital for no reason) to low-quality items and services (for example, having organized a wrong trip by a tour operator).

According to the Law on Compulsory Insurance of Civil Liability of Vehicle Managers the obligation to compensate non-pecuniary damage to insurance companies arises in the event of a traffic accident where the accident leaves an intense negative impact on the victim or third parties as a result of injury to health or loss of life. One that causes long-term experiences and emotions or creates complex, difficult to overcome obstacles in later life. It is here that the interests of the perpetrators of traffic accidents and the victims often intersect, because documenting the costs of medical treatment or damage to the car is easier than the pain of the victims.

The fundamental question: how to recover non-pecuniary damage after a traffic accident?

Representing morally affected individuals who wish to resolve a dispute with an insurance company over non-pecuniary damage out of court is part of the work of Claims Management's team of independent assessors. However, we are convinced that in the event of an accident due to the desire to recover non-pecuniary damage, it is often questionable that the amount of money compensated will not compensate for what cannot be recovered in the event of an accident. It is a human feeling, on the other hand, in the event of any abuse you and your loved ones in a democratic country are protected by attitudes that are not otherwise formed for themselves. So when the need arises, we dare to exercise our rights.

Another problem is when the insurance company agrees to cover non-pecuniary damage, but offers too small an amount that is not satisfactory to the victim of a traffic accident or third parties. In this case, in accordance with the provisions of the Civil Code of the Republic of Lithuania, it is possible to claim the full amount of the damage. One of the ways to do this is to contact independent appraisers who impartially determine the actual non-pecuniary damage and its fair compensation and arrange for the recovery of the benefit from the insurersaving the victim's time and peace.

Naturally, in order to be sure that the insurance company will have a basis to cover the non-pecuniary damage suffered, it must be supported by documents: an extract from the doctor, a certificate of the consequences of injury or incapacity for work, etc. In addition to all this, it is tedious and costly to make an agreement with the insurer, the interpretation of an unfamiliar process.

Our job is to make sure you don't have to suffer all of this and take the recovery of your non-pecuniary damage into our own hands. We just emphasize that in cases of non-pecuniary damage (as in all others) it is very importantcontact independent assessors immediately after the event — so that we can advise you most effectively from the start or arrange all the necessary documents and represent your interests to the maximum extent possiblein order to recover the fair non-pecuniary damage that belongs to you.