Recovery of 363,556.96 UAH in uncompensated damages from the party at fault in the traffic accident

Case summary

A client contacted LLC “PRAVOVYI LIDER” after his car sustained significant mechanical damage as a result of a road traffic accident.

The person responsible for the accident was brought to administrative liability under Article 124 of the Code of Ukraine on Administrative Offenses. At the same time, the vehicle of the person at fault was not covered by a valid compulsory civil liability insurance policy.

The client’s insurance company made a payment under the direct settlement procedure in the amount of UAH 250,000, but this amount was not enough to fully compensate for the damage caused.

The client’s problem

The main problem was that the actual amount of material damage significantly exceeded the insurance payment received.

According to the expert opinion, the amount of material damage caused to the client’s car was UAH 579,056.96. In addition, the client incurred UAH 34,500 in expenses for evacuating the damaged vehicle.

The MTIBU refused to make a regulatory payment because the client used the direct settlement procedure and applied for payment to his own insurance company.

As a result, UAH 363,556.96 remained uncompensated, which had to be recovered directly from the person responsible for the accident through court proceedings.

What the lawyers did

The lawyers of LLC “PRAVOVYI LIDER” conducted a detailed analysis of the circumstances of the road traffic accident, insurance documents, the expert opinion, and the expenses incurred by the client.

After that, the lawyers:

• analyzed the accident materials and the ruling on bringing the person at fault to administrative liability;
• checked the documents regarding insurance compensation;
• analyzed the independent automotive commodity expert opinion;
• determined the amount of uncompensated material damage;
• took into account the client’s expenses for evacuating the vehicle;
• prepared and filed a claim with the court;
• formed a proper evidence base;
• claimed compensation for the court fee, expert examination costs, and legal assistance expenses;
• provided representation of the client’s interests during the court proceedings.

Result

The court examined the submitted evidence, found the stated claims substantiated, and fully satisfied the client’s claim.

The following amounts were recovered from the person responsible for the road traffic accident in favor of the client:

• UAH 363,556.96 as compensation for material damage;
• UAH 3,635.57 as court fee;
• UAH 5,000 for expenses incurred for the expert examination;
• UAH 3,000 for legal assistance expenses.

The amount of material damage included the part of the losses not compensated by the insurance company and the expenses for evacuating the damaged vehicle.

Thanks to the professional legal support of LLC “PRAVOVYI LIDER,” the client managed to obtain a court recovery from the person responsible for the accident of the full amount of uncompensated damage and compensation for the incurred court costs.

Official documents

The case involved materials of the road traffic accident, the court ruling on bringing the person at fault to administrative liability, documents regarding insurance compensation, the automotive commodity expert opinion, confirmation of expenses for evacuating the vehicle, the statement of claim, and the court decision.

Case No. 587/831/26