Publication date: 13.05.2024
Lawyer
In the modern legal context, collisions between cars and other vehicles are an integral part of road traffic. However, the consequences of traffic accidents can be serious, including property damage and personal injury. In such situations, the procedure compensation for damage in an accident from the perpetrator is an important aspect of the law. A road traffic accident (a road accident) often leads to significant material losses for its participants. If you were injured as a result of a traffic accident due to the fault of another person, you have every right to demand compensation from the culprit. This procedure can be carried out both in the pre-trial procedure and by applying to the court with a claim for recovery of damages from the culprit of the road accident.
The procedure recovery of damage from the perpetrator of an accident through the court is to submit a claim to the court at the defendant's place of residence. In the statement of claim, it is necessary to clearly state the circumstances of the case, provide evidence of the guilt of another person in committing the accident, as well as the calculation of the damages incurred.
The sum of the claim against the culprit of the road accident for compensation of damages may include, in particular, the cost of repairing the damaged vehicle, collection of wear and tear in case of impossibility of restoring the car, expenses for medical assistance to the victims, compensation for moral damage and other damages caused as a result of the road accident.
It must be remembered that in the case of the plaintiff's own partial fault in committing the accident, the amount of recovery of damages from the perpetrator of the accident will be reduced in proportion to the degree of the plaintiff's fault.
During the hearing of the case, the court may order an auto-technical or product expert examination to determine the extent of the damage and establish fault in the accident. According to the results of the examination, the court can collect from the culprit of the accident the difference in the assessment of damages, as well as compensate for the costs of conducting the examination.
In addition to property damage, the court can satisfy the claimant's claim for compensation for moral damage from the road accident. For this, it is necessary to provide appropriate evidence of mental suffering and health disorders.
If the claim is satisfied, the court issues a decision on recovery of material damage from the perpetrator of an accident and moral damages from the culprit of the road accident in favor of the plaintiff. After the decision has entered into force, the plaintiff can apply to the state executive service or a private executor to forcibly recover the awarded amount from the defendant.
Therefore, in order to effectively protect your rights and collect compensation from the culprit in the event of a traffic accident, you need to act decisively and in a timely manner. Collect the necessary evidence of the fault of another participant in the road accident, calculate the amount of damages and submit a justified claim to the court for compensation for the damage caused by the person responsible for the road accident. Such a procedure will allow you to protect your rights and restore justice by recovering all damages from the person responsible for the accident. Following legal procedures and seeking qualified legal assistance can make the process of recovering damages much easier for injured parties. A qualified lawyer can help you to make a legally correct claim for the recovery of damage from the perpetrator of an accident, which will increase the chance of success.
