Recovery of funds from the culprit of the road accident

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Recovery of funds from the culprit of the road accident

Accidents happen almost not every day, but quite often on the highways. The reasons for this are completely different, someone did not follow the traffic rules and ran into another car, or the person had a technically defective vehicle, which as a result created an emergency situation, etc.

However, in any road accident, there is always both an injured party and the culprit of the accident. Therefore, the issue of recovering material damages from such a person is extremely relevant today.

In this informative article, we will talk about how it is possible to collect money from the culprit of the road accident while analyzing the provisions of the current Ukrainian legislation.

Compensation for damage due to the occurrence of an accident by the guilty party

In the event of an accident, the injured party can count on compensation for such damages, namely:

  • expenses related to the repair of the vehicle;
  • expenses related to treatment or rehabilitation, if a road accident caused damage to a person’s health or life;
  • compensation for moral damage.

Pay attention! Reimbursement of damages caused by an accident is possible only when it is proven that the person is at fault, that it was his actions that caused the accident on the road.

It is worth noting that in the vast majority of cases, compensation for damage is carried out by the insurance company with which the drivers of vehicles had a contract (Article 22 of the Law on About OSCPV”).

In those situations, when the amount of insurance compensation paid does not cover the entire amount of material damage caused, or the insurance company is declared bankrupt, or the person responsible for the accident did not conclude a contract with the insurance organization and refuses to voluntarily compensate for the damage, then you should contact judicial authorities with a statement of claim.

What is the algorithm for recovering damages from the culprit of the road accident?

  • Establishing the person responsible for the accident;
  • Assessment of damages after the occurrence of a road accident with the help of expertise;
  • Preparation of an application to the insurance company;
  • If the insurance company refuses to indemnify the damages or the guilty person does not want to voluntarily indemnify the damages, then you should prepare a claim to the local court of first instance for compensation for material and moral damages in the event of an accident;
  • Judicial examination of the case on its merits, study of all circumstances, and analysis of available evidence;
  • Making a decision to recover material and moral damages from the culprit of the road accident;
  • Opening of executive proceedings by a state or private executor regarding the collection of funds from the culprit of the road accident or insurance organization;
  • Compensation for damages to the injured party.

Pay attention! In each individual situation that arises in practice, the algorithm for collecting money from the culprit of a road accident can differ significantly, because a person can voluntarily compensate the injured party without the necessary appeals to the insurance organization or judicial authorities.

How can our company help?

  • Providing advice on the possible settlement of the dispute both voluntarily and by applying to the judicial authorities;
  • Collecting the necessary evidence base to confirm the fault of the person in the accident;
  • Compilation of all procedural documents necessary for the compensation of damages;
  • Representation of the interests of the company’s client during interaction with insurance organizations and in judicial authorities;
  • Providing full legal support for the case.

If you still have questions about collecting money from the culprit of the road accident, then contact the Prikhodko and Partners Law Office.

The company’s specialists will help you get compensation for damages caused in the event of a road accident as soon as possible, because they not only have many years of experience working with these issues in practice, but also know all the legal nuances in such cases. So don’t delay and come to us for a consultation!

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Specializes in protection of copyrights, inventions, patents, trademarks, support of tenders, protection of consumer rights, disputes with insurance companies, legal support in cases of administrative offenses.

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