Compensation for property damage caused by an accident
The law requires that every vehicle owner should have a compulsory civil liability insurance. In the event of an accident, the perpetrator's insurance company will reimburse the victim for damage to life, health and / or property.

The occurrence of the insured event (car accident) is the basis for the insurer to pay insurance compensation to the victim in accordance with the terms of the insurance contract and within the insurance amount, which is specified directly in the contract.

The most common are disputes about compensation of the difference between the amount of damage caused by an accident and the amount of insurance compensation.

The procedure for determining the insurance amount of indemnity and the amount payable due to damage to the property of the victim differ depending on the time during which the car is in exploitation, the cost of its repair, and so on.

Compensation for damage by the insurance company

Vehicle damage

Usually the insurance company to determine the amount of insurance indemnity, involves an accident commissioner, estimator, rarely an expert. During the research, it is determined the market value of the car before the accident, the cost of its repair, the amount of material damage.

For car repairs, the insurance payment may not be enough, because the insurance company reimburses the cost of repairs, taking into account the coefficient of physical wear, which is calculated by a special formula.

The difference between the real cost of repairs and the insurance payment must be paid by the person responsible for the accident. As a rule, the dispute is resolved in court.

Physical destruction of vehicle

If the vehicle market value before the accident is less than the cost of its repair, it is made a conclusion about the economic inexpediency of repairing the vehicle. In this case, the vehicle is considered physically destroyed.

The insurance company is obliged to reimburse the difference between the market value of the vehicle before the accident and after the accident (the value of the remains).

In case of refusal to make an insurance payment or its incomplete payment, it is necessary to file a civil lawsuit.

The victim has the right to apply to the guilty person with a claim to reimburse the difference between the damages and the insurance indemnity.

Procedure for insurance indemnity

The driver of the insured vehicle is obliged no later than 3 working days to notify his insurance company in writing about a traffic accident (according to standard estavlished by Motor (Transport) Insurance Bureau of Ukraine), information on the location of his vehicle and damaged property, contact phone number and address.

The insurer is obliged to start an investigation of the event within 2 working days from the date of receipt of such notification.

To receive insurance compensation, the victim within 30 days from the date of notification of the accident submits to the insurer a corresponding application for insurance compensation.

In the case of a decision on insurance indemnity, the insurer shall make the payment within 15 days from the date of coordination of its amount with the victim, but not later than 90 days from the date of receipt of the application for insurance indemnity.

The law defines the cases when the damage is not reimbursed at all, for example, the damage caused to the insured vehicle that caused the accident, and the cases when the insurer has the right to refuse insurance compensation, for example, in case of intentional actions of the insured, driver or victim, aimed at the occurrence of the insured event (exception - actions related to the performance of civil or official duties, committed in a state of self-defense (without exceeding its limits) or during the protection of property, life , health), etc.

It is worth noting that the primary responsibility for compensation for damage lies on the insurance company. That is, the victim should first apply to the insurance company and only if the insurance payment does not cover the amount of damage - to the perpetrator of the accident.

In addition, the insurer has the right of recourse to the person who insured his liability.

The right of recourse is the right of the insurer after making an insurance payment to the victim to recover this amount from the driver who caused the accident. This right arises only in cases established by law, for example, if the perpetrator drove under the influence of alcohol, in the absence of the right to drive a vehicle of the appropriate category, and so on.

Attorneys at Law «KAVCHUK partners» provides legal support for compensation for damage caused by an accident. In practice, it is not always possible to compensate for material damage in full. This is due to the understatement of insurance payments, the reluctance of the perpetrators to reimburse damages that are not covered by the insurance company. In order to protect your rights as much as possible and to stand in disputes with the insurance company or the culprit, we advise you to contact to specialists who will provide quality legal support based on the results of the analysis of your situation.
01 JUNE / 2021

By: Olha Tur

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