Facts
[T.] filed an application for compensation and satisfaction under the Victim Assistance Act (OHG) with the Victim Assistance Department of the Canton of Zurich on 10 September 1997 based on a traffic accident on 14 September 1995. The authority requested [T.] to list the damage items individually and substantiate them as far as possible. [T.] then submitted an application on 24 September 1997, requesting legal fees, satisfaction or compensation of CHF 100,000.-, advisory costs of CHF 50,000.- and an advance of CHF 50,000.-. Since [T.] did not provide further details on the accident, the injuries suffered and her personal circumstances, the authority dismissed the application. [T.] filed a complaint against this, which was dismissed by the Social Insurance Court. The Federal Supreme Court upholds the subsequent administrative court appeal.Considerations
The Federal Supreme Court states that a precautionary, time-preserving application under the OHG does not require a detailed quantification and substantiation of the damage. However, the victim must present the facts underlying the claim with sufficient specificity and provide the authority with the information that allows at least a provisional assessment of the entitlement to the claim. This includes information on the circumstances of the accident, the injuries suffered, and the personal circumstances of the victim.
In the present case, the authority merely requested the appellant to substantiate the damage…