Article 124 of the Code of Administrative Offences — a breach of the Highway Code resulting in damage to vehicles or cargo, with no injuries. The fine in this case is small, which is precisely why most drivers do not challenge the decision: ‘Oh well, I’ll just pay it.’ However, you need a solicitor for Article 124 of the Code of Administrative Offences for reasons entirely unrelated to the fine.
That is the main mistake. The fine is not the most costly aspect of this case. A penalty notice under Article 124 of the Code of Administrative Offences officially records your guilt in the road traffic accident. Everything else is then based on this:
- the insurer refuses to pay you — because you are at fault;
- the at-fault party’s insurer refuses to pay the victim and seeks recourse against you;
- the victim files a civil claim — for repairs, for emotional distress, and for loss of earnings;
- your comprehensive motor insurance or third-party liability insurance becomes more expensive.
The amount of the victim’s claim may be hundreds of times greater than the fine. That is precisely why you need to appeal.
+38 095 554-54-24 — legal advice
Three months: the key difference from Article 130
The time limit for imposing a penalty under Article 124 of the Code of Administrative Offences is three months from the date of the offence (Article 38 of the Code of Administrative Offences). The case is heard by a court, and if the court fails to issue a ruling within this period — the proceedings must be closed.
This is a fundamental difference from Article 130 of the Code of Administrative Offences (driving whilst intoxicated), where the time limit is one year. Confusing the two can prove costly: advice that works for one article may not work for the other.
Courts tend to hear cases under Article 124 slowly. Therefore, the lawful use of procedural options is a practical strategy, and it does in fact lead to cases being closed.
How cases are won
Fault not proven. A breach of the Highway Code must be the cause of the road traffic accident. If you breached a rule but the collision did not occur as a result of that, there is no offence.
Shared fault. Very often, both drivers were at fault. This changes the whole picture: the amount of compensation is reduced in proportion to each party’s degree of fault.
The accident diagram has been drawn up incorrectly. It is signed ‘just to get on with it’, and then the expert calculates the trajectories based precisely on it. Comments on the diagram must be made on the spot.
Technical ability to avoid the accident. If you were technically unable to prevent the collision (the other driver pulled out suddenly, a pedestrian ran out), you are not at fault — even if there was a technical breach.
Road conditions. Potholes, missing road signs, or a slippery surface without warning are the responsibility of the road maintenance authority, not the driver. Such cases can be won, but evidence must be recorded at the scene.
A fault of which you were unaware and could not have been aware — the responsibility lies with the service centre that carried out the maintenance.
Procedural breaches — the report was drawn up incorrectly, your rights were not explained, and you were not given a copy.
What to do after a road traffic accident with no injuries
- Do not leave the scene of the accident — this is a separate offence with much more severe consequences.
- Document the scene before moving the car — take photos from different angles, note skid marks, the location of debris, road signs and road markings.
- Do not sign the diagram if you do not agree with it — or sign it with comments.
- Find witnesses and take their contact details straight away.
- Save the recordings — from your dashcam and any nearby cameras (these are overwritten after 3–7 days).
- Do not admit fault at the scene. An emotional ‘I’m sorry, it’s my fault’ will later be used against you.
- Consult a solicitor before the case is heard in court.
European Accident Statement: when not to use it
The Europrotocol is completed without the police if there are no casualties, both parties agree on who is at fault, and the damage does not exceed the limit.
Do not complete it if:
- you do not agree that you are at fault;
- fault is mutual or unclear;
- the damage is greater than it appears (hidden damage is common);
- the other party is pressuring you to sign.
A signed European accident statement constitutes an admission of guilt. Challenging it later is considerably more difficult than challenging a court ruling.
When a solicitor is not needed
You are genuinely at fault, the damage is minor, the at-fault party’s insurer will cover everything, and the injured party has no claims — it is simpler to pay the fine. We will say as much.
A solicitor is required under Article 124 of the Code of Administrative Offences when:
- you do not agree with being found at fault;
- fault is shared;
- the damage is significant — and the injured party will bring a claim;
- the insurance company has brought a recourse claim against you;
- the description of the road traffic accident does not correspond to reality;
- the accident occurred due to road conditions or a mechanical fault;
- you are being pressured to sign the European accident statement.
How we work
- We analyse the evidence — the diagram, the report, photos and CCTV footage.
- We check the time limits — to ensure the three-month period for imposing a penalty has not expired.
- We contest liability — or prove that it was mutual.
- We request a vehicle technical examination if the circumstances are disputed.
- We represent you in court — without you having to be present.
- We defend you in civil proceedings if the injured party has brought a claim.
Cost of services
| Service | Price |
|---|---|
| Consultation with analysis of road traffic accident evidence | from 1,500 UAH |
| Legal opinion: assessment of the prospects of an appeal | from 5,000 UAH |
| Drafting of complaints, applications and procedural documents | from 5,000 UAH |
| Participation in one court hearing | from 3,000 UAH |
| Legal representation in court | from 10,000 UAH |
| Comprehensive ‘turnkey’ representation in administrative cases | from 30,000 UAH |
| Comprehensive support for a civil case (claim by the injured party) | from 25,000 UAH |
In cases concerning administrative offences no court fees are payable.
Full price list · Compensation for damages in road traffic accidents
Questions and answers (Lawyer under Article 124 of the Code of Administrative Offences)
Why appeal if the fine is small?
Because the ruling establishes your guilt in the road traffic accident. It forms the basis for the insurance company’s refusal to pay, a recourse claim against you and a civil claim by the victim — the sums involved are hundreds of times greater than the fine.
What is the time limit for imposing a penalty under Article 124 of the Code of Administrative Offences?
Three months from the date of the offence. If the court has not issued a ruling by then, the proceedings are closed. For Article 130 of the Code of Administrative Offences, this time limit is one year.
What should you do if there is mutual fault?
Prove it. Mutual fault reduces the amount of compensation in proportion to the degree of fault of each party — this has a direct financial impact.
Can the accident report be contested?
The report must be signed with any comments whilst still at the scene. If you have signed it ‘as is’, it is more difficult to contest it later, though it is possible if you have photographs, videos and witnesses.
Is it worth signing the European accident report?
Only if you agree that you are at fault and are certain of the amount of damage. A signed European accident report constitutes an admission of fault, and challenging it later is more difficult than challenging a court ruling.
The accident happened because of a pothole in the road. Who is at fault?
The road maintenance authority may be liable. But you need to document the incident at the scene: photos of the pothole showing its location, witnesses, and a police report.
How long do I have to appeal against the ruling?
10 days from the date it was issued. The missed deadline can be extended if you were not served with a copy of the ruling.
Do I need to appear in court in person?
No, a solicitor can represent you. In most cases, your personal presence is not required.
What documents should I bring to the consultation?
The report, a diagram of the accident, the decision (if already issued), photos from the scene, dashcam footage, witness statements, and insurance documents.
Consulting a lawyer regarding Article 124 of the Code of Administrative Offences at ‘Svarog’
Do not rush to pay the fine. Send us the accident diagram and the report — we will check whether your guilt has actually been proven and whether the three-month time limit has expired. The decision that you ‘simply paid’ will become evidence against you in a claim by the victim for an amount hundreds of times greater.
+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00