Publication date: 04.03.2024
Hello! My name is Kyrylo Tomakh, I am a practicing lawyer and co-founder of the law firm DKVA Legal Group. For over 3 years, I have been helping clients protect their rights, find solutions to complex legal situations, and successfully resolve disputes both pre-trial and in court.
1. Civil Code of Ukraine:
The section on liability for damage caused by violation of the law includes legal norms that establish the liability of the parties for causing damage as a result of a road accident and collecting insurance payments.
2. The Law of Ukraine "On Compulsory Civil Liability Insurance of Vehicle Owners":
This law defines the obligation of the owners of vehicles to have an insurance policy of OSTCPVTZ, which covers the payment of insurance for accidents.
3. Resolutions and instructions of the relevant government bodies:
For example, the National Commission, which carries out state regulation in the field of financial services markets, can issue resolutions and instructions that regulate procedures for recovery of losses from an insurance company.
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4. Practice of courts and other relevant bodies:
The case law for resolving disputes related to the recovery of damages from the insurance company at fault in a traffic accident can serve as an important source of legal information and support for clients.
The general regulatory framework creates the basis for recovering damages from the insurance company of the person at fault in a road accident, but it is also worth clarifying that it can change over time due to changes and additions to the legislation. Therefore, it is important to refer to relevant sources of legal information and consult with a qualified lawyer for the correct understanding and application of legal norms.
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An independent examination is a key stage in the process of recovering damages from the insurance company of the person responsible for the accident. Conducting a competent examination can help to find out the extent of the damage and provide an objective assessment of the situation. Here are some points to consider:
1. Selection of an expert:
It is important to choose an independent and competent expert with specialization in the field of vehicles and damage assessment due to road accidents. The expert must have appropriate qualifications and experience in conducting similar examinations.
2. Collection of necessary information:
Before conducting an examination, collect all available information about the circumstances of the accident, including photographs of the scene, eyewitness accounts, accident reports and other documents.
3. Technical and medical examination:
Experts can carry out technical examination of damage to vehicles and medical examination of injuries received by participants in road accidents. This will help establish a connection between the damage and the accident.
4. Drawing up an expert opinion:
On the basis of the received data, the expert draws up a detailed conclusion, which indicates the amount of damage caused, the reasons and other important aspects that may be decisive in resolving the dispute with the insurance company.
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5. Use of expert opinion in further procedures:
The obtained expert opinion can be used to support a claim to an insurance company or in a lawsuit. It is an important piece of evidence in the case and can influence the court's decision on recovery of damages.
An independent examination ensures objectivity and reliability of information about losses, which is a key factor in resolving a dispute with an insurance company or in court proceedings.
A claim to an insurance company and a lawsuit:
After receiving the results of the examination, you can file a claim with the insurance company of the person responsible for the accident. In the claim, you should specify the amount of damages and demand the payment of insurance after the accident in accordance with the law.
If the insurance company refuses to compensate for damages or offers unacceptable terms, you can file a lawsuit. In the statement of claim, you should specify the grounds for demanding compensation for damages, substantiate their scope and present evidence.
It should be taken into account that the process of recovering losses from the insurance company can be complicated and require the participation of a qualified lawyer. Therefore, it is recommended to seek legal assistance to ensure a successful resolution of this case.
The mentioned steps will help to ensure effective recovery of damages from the insurance company of the culprit in the road accident in accordance with the legislation of Ukraine.
