Adequate causality of psychical disorders after a medium accident

ATA/468/1996Court of Justice / Administrative ChamberAug 28, 1996Dismissed

Extracted by Omnilex

Omnilex summary

The case concerns an accident insurance claim for psychical disorders said to have arisen from guilt feelings after a medium-severity traffic accident that left no particular sequelae for the victims. The court held that such disorders are not in adequate causal connection with the accident. The claim was therefore rejected.

Omnilex headnote

Art. 6 para. 1 LAA; adequate causal connection between an accident and psychical sequelae. Psychical disorders developing from feelings of guilt after a medium-severity traffic accident, where the event did not produce particular consequences for the victims, are not adequately caused by the accident. In assessing adequate causation, the ordinary criteria applicable to accident sequelae must be applied; where the accident lacks special gravity or particularly striking consequences, the chain is interrupted for purely psychogenic reactions based on subjective guilt feelings.

Full text

Descripteurs

ASSURANCE SOCIALE; ACCIDENT DE GRAVITE MOYENNE; CAUSALITE ADEQUATE; AFFECTION PSYCHIQUE; ASSU

Normes

LAA.6 al.1

Résumé

Des troubles psychiques, développés par sentiment de culpabilité à la suite d'un accident de la circulation de gravité moyenne n'ayant pas entraîné de sequelles particulières pour les victimes, ne peuvent être mis en relation de causalité adéquate avec l'accident.

Keywords

social insuranceaccident insuranceadequate causalitypsychic disordermedium severity accidentfeelings of guilt

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the insured person's psychical disorders are in adequate causal connection with the accident under the Accident Insurance Act.

Extracted holding

No adequate causal connection exists between the medium-severity accident and the later psychical disorders.

Extracted reasoning

The accident was of medium gravity and did not cause particular consequences for the victims; feelings of guilt leading to psychical symptoms are therefore not adequately attributable to the accident.

Adequate causality of psychical disorders after a medium accidentAI generated