Relatives’ rights after a fatal road accident

Loss of support, funeral expenses and non-pecuniary damages have different eligibility requirements after a fatal accident. Entitlement to one does not automatically establish a right to the others.

This article explains the main claims that may follow a death. Identifying the appropriate respondent requires a separate assessment of liability, the loss claimed and insurance cover.

1. Compensation for loss of support

Compensation for loss of support concerns financial assistance the deceased provided, or could reasonably have been expected to provide. Support may include regular care or services as well as money.

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  A spouse, children or parents may have a claim; other people may also establish a genuine support relationship. Kinship or inheritance status alone is not conclusive, and having an income does not automatically rule out entitlement.

  
  
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  The calculation examines income, support shares, ages and the expected duration of support. An expert must disclose the data and assumptions used; legal questions remain for the court.

  
  

2. Funeral expenses

Reasonable funeral expenses may be claimed under Article 53 of the Code of Obligations. The claimant must establish who incurred the expense and its connection with the death. The liable person’s obligation and the insurer’s cover are not necessarily identical.

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  Transport and burial costs are assessed by reference to their actual amount and necessity. Not every ceremonial or hospitality expense will necessarily be recoverable in full.

  
  

3. Treatment costs before death

If death was not immediate, treatment costs and losses from reduced or lost earning capacity before death require separate assessment. Healthcare covered by SGK must be distinguished from other losses; not every expense can simply be attributed to the motor insurer.

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  Hospital records, invoices and evidence of work and income help establish the nature and amount of the claim.

  
  

4. Non-pecuniary damages

Article 56 permits close relatives to seek non-pecuniary damages following a death. The amount depends on the circumstances and personal impact; it is not calculated in the same way as loss of support.

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  Claims by a spouse, child, parent or sibling, and potentially another close person, depend on the actual relationship. Compulsory motor insurance excludes non-pecuniary damages; any additional policy must be checked separately.

  
  

5. Damage to the vehicle and belongings

Damage to a vehicle or belongings is separate from claims arising from the death. Entitlement depends on ownership and the loss sustained.

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  Repair costs, diminished resale value and a total-loss claim are distinct. Repairability, pre-accident market value, salvage value and earlier damage must be considered without counting the same loss twice.

  
  
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  For phones, computers and other belongings, ownership, damage and value should be documented. Insurance cover depends on the item and the policy terms.

  
  

6. Procedure and time limits

For pecuniary claims, Article 109 of the Road Traffic Act generally provides two years from learning of the loss and the liable person, and ten years from the accident. A longer criminal limitation period may apply where the act constitutes an offence. This does not depend merely on criminal proceedings remaining open; the claim type, starting date, suspension and interruption must also be checked.

Before a claim is made, review the accident and death records, evidence of support, income, expenses and policies together. Insurance applications, any other procedural prerequisites and deadlines depend on the particular case.