Insured event: how to recover the amount of damages from the culprit?

Administrative Law
Ishutko Sergey
13.01.2021
Law Services - Insured event: how to recover the amount of damages from the culprit?

     The Law of Ukraine “On Insurance” stipulates that the insured event is an event provided by the insurance contract or legislation, which occurred and with the onset of which there is an obligation of the insurer to pay the sum insured (insurance indemnity) to the insured, insured or other third party.

     Article 29 of the Law of Ukraine “On Compulsory Insurance of Civil Liability of Owners of Land Vehicles” states that in connection with damage to the vehicle reimbursed costs associated with the repair of the vehicle, taking into account wear.

     But the amount charged by the insurance company often does not correspond to the real cost of repairing a damaged car.

     In order to determine the value of the damage, the insurance company’s expert travels to the damaged car, then inspects it, and prepares a report on the value of material damage caused to the owner of the vehicle.

     Realizing in advance that the insurance company will reduce the amount of insurance payment, already at the stage of assessment of the car by an insurance expert, you must provide your objections when inspecting the car by an expert. This is evidenced by the case law, in particular the practice of the Kyiv Court of Appeal in the Resolution of April 7, 2020 in the case №752 / 21192/17. When inspecting a car, you can engage an independent expert on your part who understands the intricacies and nuances of inspecting a damaged car.

     The next step is to compile a report by the insurance company, which reflects the exact amount, will be paid by the insurance company of the culprit. If you do not agree with the amount offered by the insurance company, you need to notify the insurance company in writing, and order a commodity examination of the car, in order to determine the actual amount of damage.

     After the actions provided above, you, as a driver, need to apply to the relevant institutions (State Property Fund of Ukraine, or private institutions), in order to review the opinion of the insurance expert. Establish whether the insurance report meets the requirements of regulations on property valuation and contains it nearby, which affected the reliability of the assessment. Most often, the report of the insurance company does not meet the requirements of regulations on property valuation.
(Decision of the Holosiivskyi District Court of the city of Kyiv of March 12, 2019 in case № 752/16609/18)

     In fact, with the correct sequence of actions, there will be two reports: a report from the insurance company, as well as a report made to your order, a review of the insurance report, documents confirming the cost of restoration work on the vehicle and the fact of payment for such work. if after all the inspections, you have repaired the car yourself).

     Having the relevant documents, you need to write a request to the insurance company of the culprit, in order to pay the difference between the actual amount of damage / amount specified in the report on your order, and the insurance payment (insurance indemnity).

     Therefore, if the insurance company refuses to pay you such a difference, you must go to court to protect your rights. The defendant will be the insurance company of the perpetrator within the limit of liability. If the amount of damage exceeds the limit of liability – you need to file a lawsuit against both the insurance company and the perpetrator of the accident.

 

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