Compensation for plane crash victims
A plane crash is one of the most terrible tragedies. To protect the rights of citizens, airlines have mandatory civil liability insurance. In the event of an emergency, insurance companies pay compensation to each victim. However, the passenger must prove the extent of the harm. To receive a full and fair compensation payment, it is advisable to engage the lawyers of DTK Partners.
Compensation for plane crash victims
In the event of a plane crash, liability for damage lies with the airline (mandatorily) and the aircraft manufacturer (if the cause of the accident is a malfunction).
In accordance with the Air Code of the Russian Federation, victims of plane crashes have the right to receive compensation for moral and material damage. Regulatory regulation of the situation depending on the type of flight:
Internal – the procedure for paying compensation is established by the Air Code of the Russian Federation, Decree of the Government of the Russian Federation of 2012 No. 1164, and the procedure for compensation for damage caused by the Civil Code of the Russian Federation.
External – the procedure for compensation for harm is established by the Warsaw and Montreal Conventions.
Russia ratified the Montreal Convention in August 2017. A special feature of compensation payment is the calculation of compensation in SDR (Special Drawing Right). In December 2019, the SDR to ruble exchange rate was 85.13. The maximum amount of compensation cannot exceed 113,100 SDR.
For domestic flights, relatives of deceased passengers are entitled to receive:
- mandatory insurance payment in the amount of 2,000,000 rubles;
- compensation for the cost of luggage and personal belongings (600 rubles per 1 kg of weight, but not more than 11,000 rubles);
- compensation for funeral expenses of a person killed in a disaster;
compensation for the loss of a breadwinner (dependents, parents and children of an able-bodied citizen); - compensation for moral damage.
Legal services for collecting compensation
A qualified lawyer will provide the following services when seeking compensation for victims of a plane crash:
- provide legal advice on compensation for harm;
- will help in collecting documents;
- will negotiate with the insurance company;
- prepare a settlement agreement with the airline and insurance company;
- represent the interests of the principal in court proceedings;
- will monitor the execution of the court decision.
DTK Partners specialists will not only represent the interests of one applicant, but will also help in filing a class action lawsuit.
Receiving compensation
The main reason for contacting a lawyer is the artificial reduction of payments by airlines in case of harm. An airplane is a high-risk vehicle, and the law requires airlines to provide several types of insurance.
The number of seats on an airplane varies from 240 to 403. It is easy to calculate that paying compensation to each family has a negative impact on the company’s budget. Therefore, the amounts are deliberately underestimated.
Insurance companies are interested in paying meager compensation to save money. The interests of insurers are always represented by qualified lawyers, so it is very important that the relatives of the deceased are properly represented. In order to receive reasonable compensation, it is necessary to prove the extent of the damage caused, and consider the possibility of taking the dispute with the airlines to foreign jurisdictions by filing claims in foreign courts.
Therefore, you need to decide whether you want to receive compensation quickly, but in a small amount, or are willing to wait several years to collect a larger payment.
Help from DTK Partners specialists
To obtain compensation for victims of plane crashes, it is advisable to contact the DTK Partners agency. Our lawyers have extensive experience representing the interests of victims of plane crashes both in Russia and abroad.