Road accident – compensation for damages and protection of the rights of road users

According to official statistical data, 24,521 road accidents occurred in Ukraine in 2021. This is 67 cases per day. The numbers are terrible. There are many reasons for accidents – weather conditions, malfunction of transport, carelessness of drivers, inattention of pedestrians, etc.

It is also terrible that “not breaking” the rules on the road does not guarantee the safety of all road users. Therefore, the topic of compensation for damages in the event of a road accident will never lose its relevance.

Let’s consider its main nuances in the context of current legislation

Previously, until July 2018, there was a general rule, according to which a person injured in a road accident had the right to choose who to file claims for compensation for damage – the insurance company (hereinafter referred to as IC) or the person who caused the damage.

This rule was canceled by Resolution No. 755/18006/15-ts of the Great Chamber of the Armed Forces of Ukraine dated July 4, 2018 and consolidated by Resolution No. 760/15471/15-ts dated November 3, 2018, and since then…

A person injured in a road accident should apply for insurance compensation:

1. To the insurance company of the person who caused the accident, if the person who caused the damage has a compulsory civil liability insurance policy for owners of land vehicles.
2. To the Motor (Transport) Insurance Bureau of Ukraine (MTIBU) at the 24-hour hotline number 0(800)608-800, if the person causing the damage does not have an СICLI policy or his insurance company is bankrupt.

Reimbursement: what you need to know

• IC compensation is limited to the amount of the insurance payment specified in the policy and is extended to the restoration (repair) of the vehicle, taking into account its wear and tear. At the same time, the damage to the property of the injured person is always reduced by the amount of the deductible recorded in the insurance policy.
• Compensation (regulatory payments of the MTIB) usually do not cover all costs of restoration (repair) work, which “activates” the victim’s right to claim the difference between the actual amount and the amount required for repair (restoration) from the perpetrator of the accident.

Compensation for damages in the event of a road accident is one of the key areas of activity of the “Grandliga” legal company, so you can count on our legal assistance, both in recovering damages through the MTIB, and in conducting a court case for compensation directly from the person responsible for the accident and (or) from his insurance company.