Facts
The Federal Court had to rule on a complaint by Sh. and L. B. against a judgment of the Administrative Court of the Canton of Bern. The complainants requested reimbursement of costs for legal assistance under the Victim Assistance Act (VSA), to enforce their rights against the accident insurance. The husband and father of the complainants, A., had died in a traffic accident on a German highway. The Administrative Court had rejected the request, as A. had contributed to the accident through his own negligent behavior and therefore could not be considered a victim within the meaning of the VSA.
The complainants requested the annulment of the judgment and reimbursement of costs for legal assistance. They argued that A. should be considered a victim within the meaning of the VSA, despite his contributory negligence, and that reimbursement of costs for legal assistance was necessary to enforce their rights.
Considerations
The Federal Court first examined whether the complaint was admissible. It found that the complainants were affected by the judgment of the Administrative Court and that the complaint had been filed in a timely manner. The Court decided that the complaint was admissible and that the administrative court appeal procedure should be applied.
The Federal Court then examined whether A. could be considered a victim within the meaning of the VSA. It found that A. had suffered serious injuries in the accident and that the accident had been caused by the negligent behavior of a third party. The Court decided that A. should be considered a victim within the meaning of the VSA, as he had been directly affected in his physical integrity by the accident.
The Federal Court then examined whether reimbursement of costs for legal assistance was necessary to enforce the rights of the complainants. It found that the complainants were not in a position to assert their rights themselves…