Comprehensive analysis of the court decision of the court of first instance for compliance with the current legislation and actual judicial practice. Contract with counsel for further review of case file
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Publication date: 20.07.2022
Reading time: 12 minutes
Number of views: 331
№
Stage
Term (days)
Cost
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1
Formation of a legal position3 UAH 4,332.00
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2
Organisation of expert assessments5 UAH 1,710.00
The lawyer determines the type of expertise appropriate for compensation (material and non-material). After consultation with the expert, the client is informed of the list of documents required for the examination. The client pays the cost of expertise additionally
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3
Preparing case files7 UAH 3,420.00
Taking into account the expert conclusion and the available materials, the lawyer analyses the jurisprudence, the current legislation and prepares the claim to the court
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4
Receiving court decision120 UAH 6,612.00
The lawyer and the client verify that there are exemptions from the court fee. The lawyer, by agreement with the client, sends the generated receipt for payment of the court fee to the bank or sends the electronic form for payment of the court fee online. After the court fee is paid, the client sends the receipt to the lawyer for payment. The lawyer files the claim in court and represents the client’s interests in court in order to protect his rights. The maximum number of visits related to representation of the client’s interests in court - 5. Each next visit is paid additionally.
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5
Recourse to executive service7 UAH 2,736.00
The lawyer applies to the executive service to open enforcement proceedings for the enforcement of the court decision
In general
142
UAH 18,810.00
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Compensation for damages in the event of a road accident from the culprit
The result of almost any traffic accident is damage to the vehicle. In addition, an accident on the road can pose a threat to people's lives and health. Therefore, according to the current legislation, the injured party has the right to recover money from the culprit of the road accident, as well as to demand moral compensation for damages.
Road accident: legal damages
The first thing a car owner should pay attention to if he has been involved in an accident is his status as a participant in a traffic accident, because it can be different. The legislation provides for at least three such statuses:
● The victim or the owner of the injured car.
● The culprit that caused the accident on the road.
● The victim is a third person whose car was damaged by the actions of other persons. This person is considered to be related to the victim.
That is, in the first case, the car was damaged directly by the culprit of the accident, and a third party could be damaged by the actions of the victim as a result of sudden braking or skidding of the car, etc.
The legislation unequivocally states that compensation for damages must be organized by the person responsible for the accident. However, insurance organizations are the first to intervene in the event of an event, as stated in Article 22 of the Law, which argues for the need for civil liability insurance of vehicle owners, namely Clause 22.1.
Recovery from the culprit of the road accident: the main points
The concept of "material damages" means the financial cost of restoration work on the vehicle of the injured party. At the same time, during the calculation of such compensation, the following are taken into account:
● Coefficient of wear and tear of the car.
● The degree of decrease in the commodity price of the vehicle after the accident.
● General market value of the car.
If you need to file a claim for damages against the person responsible for the accident, you should first find out if the insurance policy has. If the guilty party has an MTPL insurance contract, the insurance company compensates for the damage, but within the budget specified in the policy. However, if the recovery of road accident damages involves the payment of a larger amount, the difference is covered by the guilty party personally. In order to organize a refund, any party participating in the event collects the necessary package of documents, namely:
● Certificate of road accident.
● A copy of the police report on the accident that occurred.
● A copy of the car ownership certificate.
● Violation resolution.
If necessary, the insurance company can request additional materials in the case, for example, an act of collecting statements of witnesses to the event. However, it should be taken into account that the insurance cannot always cover the damages that occurred as a result of a road accident. In this case, the victim can demand a difference with the culprit of the accident either peacefully or through the court.
Recovery of damages in the event of an accident without insurance
What if the at-fault party does not have an insurance policy? The case is quite rare, but not hopeless. In this situation, the guarantor of compensation can be the Transport Insurance Bureau of Ukraine. In order to collect material damages from the culprit of the accident, the injured party needs to have an insurance policy. The application is submitted within a specified period - strictly within 30 days after the event.
Recovery of wear and tear from the culprit of the road accident who left the scene of the accident
In this situation, the car owner needs:
● Do not move your car and call the police so that representatives of the authorities draw up a report of the violation.
● If the victim managed to remember, you need to write the basic data about the car: model, body color, number, make. It is also better to report this information to the police.
● Call the insurance company (yours or the one responsible for the accident) and then come to the insurer's office in person to make a claim.
Help to the culprit of the road accident
As a result of an accident, not only the victim's car is damaged, but also the culprit's. The question of who should pay for car repairs to the culprit of the accident depends on whether he has additional insurance, that is, the well-known CASCO. According to the current legislation, recovery of damages from the culprit of the road accident is carried out only with the MTPL insurance, since the insurance company in this case is governed by the rule of fault. The situation with CASCO is different - this insurance policy provides that the company can reimburse the cost of repairing the car regardless of the incident. Therefore, if the car owner has CASCO and MTPL insurance policies, he can repair both his car and the victim at the expense of insurance.
Collection of insurance compensation from the culprit of the road accident with the participation of a lawyer
As a rule, recovery of road accident damages should be organized with the assistance of a lawyer. A professional lawyer must have sufficient experience to promptly take all necessary measures. With sufficient experience, the specialist is able to quickly consider the circumstances of the case and plan the course of action for prompt completion of the case. The main tasks of a lawyer:
● File a claim for compensation for material damages in the event of a road accident, after considering all the documents: for the injured car, acts and protocols, compiled at home of the event and other evidence. The specialist assesses court practice and current legal norms.
● If necessary, collection of the insurance difference will be arranged compensation from the culprit of the accident.
● Assessment and substantiation of moral damage caused as a result of the accident.
● Provision of attorney requests for the purpose of collecting sufficient evidence base for full compensation of damages in the event of a road accident to the victim.
In this way, the lawyer undertakes all measures: from reviewing the event in court to monitoring the payment of compensation.
You can organize the recovery of damages from the culprit of the road accident through the court with the help of our service. Follow the prompts of the system to get in touch with experienced lawyers as soon as possible. If you have any questions, please contact us using the contacts on the site.
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