Defending the person responsible for the accident in court

Defending the culprit in court in a traffic accident

Current legislation guarantees the protection of the interests and rights of all participants in road accidents, including the culprit of the accident. In most cases, defense in a road accident is organized by a lawyer at all stages of prosecution: starting with the assessment of documents and damages, ending with submitting requests to higher judicial authorities. The main goal of a lawyer is to minimize the amount of payments to the injured party.

Protection of interests during a traffic accident: methods

If, in the event of a traffic accident, damage to the life and health of citizens, as well as their property, occurs, the perpetrator of the incident has an obligation to compensate the damage in full. It is provided by legislation and is carried out in several ways:
●       Direct payment to all victims.
●       According to the compulsory civil liability insurance contract.
●       Under the contract of voluntary auto insurance, for example CASCO, life and health insurance, DSAGO.
Even if guilt for the event is not unequivocally confirmed by all the procedural documents, this does not mean that the culprit has no right to defense. In addition, victims often abuse their rights and significantly exceed the amount of damage. Therefore, the availability of protection in the event of a traffic accident for the perpetrator is an extremely important and necessary measure.
Liability can arise even if there is no fault on the part of the car owners, since the car is always a source of high danger. In such situations, as a rule, all reimbursement costs are borne by the insurance company from the OSCPV policy.

How rights are protected during a traffic accident

Protection of rights during a traffic accident is carried out by performing the following actions:
●       Study of documents that bring the driver to administrative or criminal responsibility.
●       Examination of the claim or statement of claim sent by the injured persons.
●       Sending and studying the documents of the insurance company.
When the culprit of a traffic accident is brought to justice, the main assistance of a motor lawyer will be aimed at proving the absence of an offense or reducing responsibility, including in cases where serious harm to health is involved.

Legal protection in the event of a road accident

Since the lawyer organizes defense in court in the event of a road accident, his work will be aimed at reducing the claim amount from the plaintiff or a complete exemption from payments. If the plaintiff is the victim's insurance company, the culprit of the accident may be required to:
●       The cost of restoration minus the previously made payments under OSCPV.
●       The cost of expenses related to the evacuation of the injured vehicle from the scene of the accident.
When the claim is filed by the victim himself, the set of requirements can be much broader, since not only the damage caused to the car is compensated, but also moral damage, additional costs (assessment, court fees). A lawyer who is entrusted with the protection of rights in a traffic accident takes the following actions:
●       Participates in every meeting.
●       Examines the documents presented by the defendant, prepares appeals.
●       Sends attorney requests to collect evidence in favor of the culprit.
The lawyer acts in favor of the guilty party and on the basis of the contract, so even if the court establishes guilt, guided by the current legislation and court practice, the amount of compensation can be reduced.
If you are going to court in a traffic accident case and there are claims regarding the amount of payment, provide yourself with competent protection with the help of experienced lawyers. You can find a lawyer using our service by following the given instructions.