Publication date: 21.05.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
A road traffic accident (RTA) is an unpleasant event that can lead to material damage and physical injuries to the participants. If one of the parties is at fault for the accident, the victim is entitled to compensation for the damages suffered. Ukrainian law provides for mechanisms and procedures for exercising these rights.
Legal basis for compensation for damages
The Civil Code of Ukraine: according to the Civil Code, an injured party is entitled to compensation for damage caused to him or her by the violation of another's rights or legitimate interests.
The Law of Ukraine "On Insurance": the law establishes mandatory insurance of civil liability of vehicle owners, which can be used to compensate for damages.
Types of losses that can be compensated
Material damage: includes the cost of repairing or restoring the vehicle, property damage, loss of income, etc.
Non-pecuniary damage: compensation for mental and emotional suffering caused by the accident.
Medical expenses: include the costs of medical care, treatment, rehabilitation, and other related expenses.
Procedure for compensation for damages
Notification of the accident: the victim must immediately notify the law enforcement authorities of the accident and obtain an accident report.
Gathering evidence: the victim should collect all necessary evidence, such as photographs of the accident scene, medical documents, repair bills, etc.
Cooperation with the insurance company: if the culprit has civil liability insurance, the victim can apply to the insurance company for compensation.
Claims procedure: the victim can file a claim with the culprit or his/her insurance company for compensation for the damage.
The judicial route: if the issue is not settled amicably, the victim may go to court to resolve the dispute and recover damages.
The role of a lawyer in the process of compensation for damages
A lawyer plays a key role in the process of compensation for damages in a road traffic accident caused by the culprit, providing legal protection and assistance to victims. Here are some aspects of their role:
Legal advice: A lawyer provides victims with professional advice on their rights and options for compensation. He explains the procedures, obligations, and rights that victims have in a given situation.
Protection of the client's interests: The lawyer acts as a representative of the victim's interests before the culprit's insurance company or during the court proceedings. He or she ensures that the rights and interests of his or her client are protected to the maximum extent possible.
Preparation and submission of claims: The lawyer is responsible for the preparation and proper execution of a claim to the insurance company of the culprit, in which he/she requests compensation for damages.
Participation in negotiations: The lawyer can represent the client in negotiations with the insurance company of the culprit in order to reach an amicable settlement of the case and determine the amount of compensation.
Representation in court: In case a damages case cannot be settled amicably, a lawyer represents the client's interests at a court hearing and protects their rights and interests before the court.
Collection of evidence and expert opinions: The lawyer collects the necessary evidence and may engage experts to establish the causes and circumstances of the accident, which helps to confirm the damages and determine their amount. Compensation for damage in an accident from the perpetrator, recovery damage from the perpetrator of an accident, recovery of damage in an accident, an accident court with the culprit, claim against the perpetrator of the accident, recovery of money from the perpetrator of an accident, compensation for damage caused by an accident, compensation for damage the culprit of an accident.
Compensation for damages in case of an accident caused by the culprit in Ukraine is an important right for victims. The main sources of compensation are insurance companies and the culprit's personal property resources. It is important to keep in mind all legal aspects and follow the procedures to ensure effective compensation and protection of your rights in accordance with the law.
