I dont know what i am going to do now..can anyone help me?suggestion or opinion..pls..big thanks..
Hi,my daughter had an accident while crossing the pedestrian(yellow line)her leg is damage (bone and leg tissue),The driver is living here in switzerland but the License and car plate number is from Austria.yesterday we recieved a letter from our lawyer stating that the driver and her insurance will pay the amount of 2,700 CHF...its ridicilous,my daughter suffering is too much her leg bone is broken and and almost lost her life..i'm a single mom and after her accident i look after her alone,i didnt even ask for help to clean her wounds and do the bandages everyday,physically and emotionally my daughter suffer a lot,shes only 11 years old and at her young age i saw how it affect her everyday life..the life of my daughter is not only 2,700 Chf,is this is the law here in switzerland?
In Switzerland you'll get the costs of any necessary medical care and that's it.
Switzerland doesn't have a compensation culture. The 2,700 + medical costs is pretty much in line with what you'd get if you went to court - and you'd have to pay lawyer fees.
Ask for the drivers insurance to cover all her medical costs as I am sure it could well exceed what you are being offered.
That also seems reasonable to me.
US American?
Accident insurance covers the medical costs in CH. The OP's location is AG. Asking the Lawyer who is already involved would make sense.
shouldn't 3rd party liability of the driver pay for the cost, including franchise etc (as an 11 year old will not be covered by her employer)?
Sorry to hear about your daughter's accident. I hope she recovers quickly, and I am sure that here in Switzerland she will get top medical care.
Perhaps there is an association that can give you advice as to whether it is worth pursuing the driver for damages? I know in France there are associations to help pedestrians in cases like these. I'm sure someone will be along soon to advise you.
Legal costs in Switzerland are very high though. So you need to weigh up the cost to yourself (in terms of stress) against the eventual gain in court (way down the road) minus the legal costs involved.
No not in CH, there won't be any franchise to pay on child's or any working person's accident insurance. The accident insurance will also pay for loss or earnings, retraining or care for as many years as is needed.
Pretty sure the accident insurance will cover everything, from physical treatment, rehabilitation, physio, psychological care, transport to and from care, loss of earnings and even a cleaner or cook for your house if the accident means you can't do it.
The point of insurance is to put you back into the position you were in before the incident . It's not to put you in a better position.
Get well soon to the kid!
Exactly!! Accident insurance will cover all her costs, so if you need help with her care then talk to her doctor and her insurance.
Keep a list of any additional expenses you incur, including receipts (anything and everything, even if it seems a bit trivial) for example, if your daughter is able to go back to school but perhaps needs a taxi until she's fully mobile or any other extraordinary expenses you might have to cover which are directly related to the injury.
As was pointed out earlier, you won't receive anything for hurt feelings or inconvenience but you can be reimbursed for expenses and any ongoing care.
no, this is incorrect
FMF is correct, the article linked to is about a non-working adult.
Tom
This.
No, you (well, your daughter) won't get compensation for "suffering". Yes a broken bone is crap and yes it's painful, but she very very likely won't have any actual lasting damages from any of this. Plenty of people break some bone at some point, in some way or another. Very few will be emotionally or physically scarred forever. So you'll be compensated for the ACTUAL costs you have, but not for anything beyond that.
Just found this:
Association des familles victimes de la route
Rte du Jura 2
1296 Coppet
Tél. 1: 022 776 97 47
email: [[email protected]](mailto:[email protected])
You could start by asking them who to turn to and how it works here in CH.
can you please add a link to any documentation that proves your point?
for example, I found this here
https://www.helsana.ch/de/private/ku...tenbeteiligung
but of course you and FMF know better than a health insurer
Unless you asked for more or persuaded a civil lawsuit against the driver you will not get anything. But even then do not expect much.
http://www.nzz.ch/finanzen/wenn-schm...ngt-1.18283547
Thankfully you have not lost your child and she has no permanent damages.
In such a case, or when the recovering is long and needs many operations, the goverment may pay, uppon request, a compensation to victims of a crime. A court will decide about the ammount.
http://www.opferhilfe.zh.ch/internet...setzungen.html
But to not expect much from the goverment, Compensation for a lost Child is CHF 10 000 - 20 000.
FMF said franchise. A child has 0 franchise.
But a child has still a 10% co-pay, capped at CHF 350 per year.
You can get back this CHF 350 from the driver or the drivers liability insurance.
From the article you linked:
"Nein, das ist korrekt. In der Krankenversicherung müssen sich die Versicherten an den Behandlungskosten mittels Franchise und Selbstbehalt beteiligen. Das gilt sowohl bei Krankheit als auch bei Unfall."
So, if your accident insurance is through your health insurance, you pay the deductable.
But children have no deductable, nor do accidents paid by work insurance, which is what FMF correctly stated.
Tom