What to do if the person at fault in a traffic accident does not have insurance: how to protect your rights

Assistance in obtaining insurance compensation

A traffic accident is always a stressful experience, but the situation becomes more complicated when the person at fault does not have a valid compulsory civil liability insurance policy. In this article, we will consider how to protect your rights, what steps to take to obtain compensation, and what services the lawyers of the “Consultant” service provide to resolve such situations. An insurance claims lawyer helps clients obtain compensation for damage caused by a traffic accident by effectively resolving disputes with insurance companies or through the court.

According to new changes in the legislation of Ukraine regarding the settlement of insurance claims in traffic accidents in 2025, clear rules have been established for different situations depending on whether the victim and the person at fault have new or old insurance policies. The following are the important points of this process:

• If the victim and the perpetrator have new policies: The victim applies to their insurance company for compensation, not taking into account the depreciation of the vehicle. This simplifies the payment process, as there is no need to take into account the decrease in value due to wear and tear of the vehicle.
• 
  If the victim has a new policy and the perpetrator has an old one: The victim applies to their insurance company, if it is a participant in the Direct Settlement System (DSS). If it is not on the list of DSS participants, the victim must apply to the perpetrator's insurance company. In this case, the compensation payment will be calculated taking into account the depreciation of the vehicle.
• 
  If both parties have old policies: In this case, direct settlement is only possible if both insurance companies are participants in the DSS. As in the previous case, the payment will be calculated taking into account depreciation.
  If the victim has an old policy and the at fault has a new one: The victim applies to the at fault’s insurance company or, if his insurance company is a participant in the PVZ, to his own insurance company. This rule avoids the need to go through additional bureaucratic procedures.

Thus, changes in legislation from 2025 contribute to simplifying the process of receiving insurance payments in the event of an accident, especially when both parties have new policies or belong to the direct settlement system. To do this, the victim simply needs to contact his insurance company, which simplifies the process of receiving payment and ensures quick compensation without taking into account the wear and tear of the vehicle.

If the at fault does not have an insurance policy, the victim can apply for a regular payment to the Motor (Transport) Insurance Bureau of Ukraine. A report of an accident is submitted to MTIBU in writing using a special form that can be found on the organization’s official website. After submitting the application, the victim receives a letter from MTIBU, which will indicate the procedure for settling the claim and a list of necessary documents for further processing of the case.

If the perpetrator of the accident does not have insurance, the victim has the right to go to court to collect compensation.

According to the new legislation, the victim can receive compensation through his insurance company, if it is a participant in the direct settlement system.

In the absence of direct settlement, the victim can demand compensation directly from the perpetrator's insurance company or through the court.

If the perpetrator of the accident does not have insurance or his insurance does not cover all the losses, the victim can go to court to collect compensation. In this case, it is important to properly prepare evidence, including an expert report, photographs from the scene of the accident and other confirmation of the perpetrator's guilt. The court can award compensation for damage caused as a result of the accident, including material and moral damages. Legal advice on hull insurance helps ensure that your policy adequately covers damage to your vessel, clarifies terms and exclusions, and assists in resolving disputes or claims with the insurer effectively.

Step-by-step steps to protect your rights through the court

Protecting your rights through the court in the event of a traffic accident involves the following stages:

1. Recording the circumstances of the traffic accident. Call the police to draw up a report and a diagram of the scene of the accident. Take photos and video of the accident scene, damage to vehicles, and other circumstances.
2. 
   Obtaining documents. Get a copy of the traffic accident report and other primary documents. Check that all the necessary data and circumstances of the incident are included.
3. 
   Assessing the damage. Contact an independent expert to assess the amount of damage. Get an official expert opinion that can be used as evidence in court.
4. 
   Appealing to the perpetrator. Send the perpetrator a written claim for compensation for damages. If the perpetrator refuses to voluntarily compensate, prepare for a lawsuit.
5. 
   Filing a lawsuit in court. Prepare a statement of claim, attach all the necessary documents and evidence. File a lawsuit with the court that has jurisdiction over your case.
6. 
   Participation in the court hearing. Present your evidence and arguments in support of the lawsuit. Engage a lawyer to professionally defend your interests in court.

Services of lawyers from the “Consultant” service

 Insurance claims lawyers specialize in helping clients navigate the complexities of insurance policies, dispute claim denials or undervaluations, and ensure fair compensation for losses or damages covered under their insurance agreements. Lawyers from the “Consultant” service provide comprehensive assistance in cases related to road accidents, including:

• Consultations on protecting rights in case of road accidents. Our specialists will help you understand the nuances of the case and provide recommendations.
• 
  Preparation of documents for obtaining insurance compensation. We will help you draw up all the necessary documents to receive compensation.
• 
  Representation of interests in court. Our lawyers will accompany you at all stages of the legal process.
• 
  Assistance in collecting evidence. We will organize an independent examination and help you collect all the necessary evidence.

Insurance lawyers specialize in helping you resolve disputes related to receiving insurance payments after an accident. They provide legal protection, helping clients recover compensation from insurers or those responsible for the events. An insurance lawyer helps clients appeal the refusals of insurance companies, ensure fair payment and protect their rights when settling insurance claims.