Lawyer for Section 286 of the Criminal Code

An insurance payout under the Compulsory Motor Third-Party Liability Insurance (CMTPL) scheme is not the full compensation, but only part of it. The insurer’s liability limit is capped, and when the actual losses exceed this limit, the difference is recovered directly from the party at fault for the road traffic accident (Article 1194 of the Civil Code).

Therefore, compensation for damages following a road traffic accident is almost never covered in full by insurance. Another point that insurance companies do not mention is that under a compulsory motor third-party liability insurance policy compensation for non-pecuniary damage is not paid. This is recovered separately — and only from the party at fault, through the courts.

Therefore, the correct approach in the event of a road traffic accident is as follows: claim from the insurer what it is obliged to pay, and claim the remainder — the portion of damages exceeding the limit, non-pecuniary damages, medical expenses and loss of earnings — from the party at fault.

+38 095 554-54-24 — legal advice

What can be claimed

Material damage:

• the cost of repairing the car (or its market value, if repair is not feasible);
• loss of market value — the car is worth less after repairs, and this difference can also be claimed;
• costs of towing, storage and expert assessment;
• damaged property that was in the car.

Injury:

• costs of treatment, medication, rehabilitation, prosthetics and spa treatment;
• loss of earnings — for the entire period of incapacity for work;
• costs of third-party care;
• in the event of permanent incapacity for work — monthly payments.

In the event of death:

• funeral expenses;
• payments to the deceased’s dependants;
• non-pecuniary damage to relatives.

Non-pecuniary damage — separately, and only from the party at fault.

Key change: depreciation is no longer deducted

Under the new version of the legislation on compulsory motor third-party liability insurance , the deduction for wear and tear has been abolished when determining the amount of the payout and the excess. Previously, insurers would routinely deduct 30–50% ‘for wear and tear of parts’, and the claimant would receive an amount that was not even enough to cover half the cost of repairs.

This is of fundamental importance: if an insurer is still deducting depreciation, this constitutes grounds for an appeal.

Payout limits are set by regulation and reviewed periodically. Please check the current amounts during a consultation — it is these figures that determine how much you will need to claim from the party at fault.

What to do after a road traffic accident

1. Do not leave the scene of the accident. This constitutes a separate offence and will result in the loss of your right to an insurance payout.
2. Call the police — except in cases where a European accident statement is being completed (no injuries, both parties agree on who is at fault, and the damage is within the European accident statement limit).
3. Document everything — photos, videos, witnesses, the other driver’s details and their insurance policy.
4. See a doctor, even if the injuries appear to be minor. After a week, it will be difficult to prove a link between the pain and the road traffic accident, and without medical records, it is not possible to claim for non-pecuniary damage.
5. Notify your insurer — within the time limit set by the contract and by law. Missing the deadline is a common ground for refusal.
6. Arrange for a loss assessment — and do not rely solely on the insurer’s assessment.
7. Consult a solicitor before signing any documents with the insurer.

Why the amounts turn out to be underestimated

• the insurer calculates using its own methodology and its own valuer;
• the loss of market value has not been taken into account;
• depreciation has been applied, even though the law no longer provides for this;
• some of the damage was ‘overlooked’ — hidden defects cannot be seen without dismantling the vehicle;
• the party at fault was incorrectly identified — and your claim was rejected outright;
• non-pecuniary damage was not claimed — the insurer will not remind you of it.

That is why you should always have your own valuation. The difference between this and the insurer’s valuation is the amount worth taking to court.

Recovery from the party at fault

This is something the insurer does not do, and something most victims are unaware of.

The following is recovered from the party at fault in the road traffic accident:

• the difference between the actual losses and the insurance payout;
• non-pecuniary damage — this is not covered by compulsory motor third-party liability insurance at all;
• the full amount of losses, if the party at fault did not have a policy.

The claim is filed with the court; the court fee is 1 per cent of the claim value (from 1,331.20 to 16,640 UAH for individuals in 2026). If there is a risk that the person at fault will sell their car or other property, an application for security for the claim is filed at the same time as the claim.

Separately: if the person at fault was under the influence of alcohol, driving without a licence or fled the scene of the accident, the insurer will pay the victim and then recover this amount from the person at fault by way of recourse. For the person at fault, this means that their insurance policy did not protect them.

When you do not need a solicitor

A minor road traffic accident, a European accident statement, the insurer has paid an amount sufficient to cover the repairs, and there are no claims — you do not need a solicitor. We’ll tell you as it is.

You need a solicitor when:

• the insurer has underestimated the payout or refused to pay;
• the damages exceed the limit — and you need to recover the costs from the person at fault;
• there are victims — injuries, fatalities;
• the party at fault has been incorrectly identified or liability is being disputed;
• the party at fault did not have insurance;
• a claim is made for non-pecuniary damage;
• criminal proceedings have been brought against you under Article 286 of the Criminal Code

How we work

1. We analyse the road traffic accident documents — the diagram, the report, the findings and the insurance policy.
2. We arrange for an independent assessment — taking into account hidden damage and loss of market value.
3. We prepare a claim against the insurer — and challenge any refusal or undervaluation.
4. We calculate the full extent of the damage — material, non-material, medical expenses and loss of earnings.
5. We recover the difference from the party at fault — including the seizure of their assets if there is a risk of disposal.
6. We oversee enforcement proceedings — until actual payment is received.

Cost of services

The following are charged separately: court fees (1% of the claim value), independent assessment of damages, and vehicle technical expertise.

Full price list · Assessment of damages in road traffic accidents

Questions and answers (Compensation for damage in a road traffic accident)

Does insurance cover non-pecuniary damage?

No. Non-pecuniary damage is not covered under a compulsory motor third-party liability insurance policy — it is claimed separately and only from the party at fault for the accident, through the courts.

What should I do if the insurer has paid out less than the cost of the repairs?

Arrange for an independent valuation and demand additional payment. The difference exceeding the insurer’s limit is recovered from the party at fault for the road traffic accident. Depreciation cannot be deducted under current regulations.

Can you claim for loss of market value?

Yes. The car is worth less after repairs, and this difference constitutes a genuine loss that is eligible for compensation.

What should you do if the person at fault did not have insurance?

Recover the full amount of damages directly from them through the courts. At the same time, you should apply for a preservation order to prevent them from selling their assets.

Can you claim compensation for loss of earnings?

Yes, for the entire period of incapacity for work. This is substantiated by sick notes, proof of income and medical records.

How long do I have to make a claim?

The limitation period is three years. Claims for compensation for injury or death are not subject to this limitation period, but you can only claim for losses incurred up to three years prior to filing the claim.

What should I do if I’ve been found at fault but I disagree?

Appeal against the decision. Everything depends on who is found at fault: both the compensation payment and any further claims against you. This is something you need to start immediately.

What documents should I bring to the consultation?

Documents relating to the road traffic accident (diagram, ruling, report), your insurance policy, correspondence with the insurer, the valuation report, medical records, receipts for medical treatment, and proof of income.

Contacting a solicitor at ‘Svarog’ regarding compensation for damages following a road traffic accident

Send us the road traffic accident documents and the offer you have received from your insurer — we will calculate the total amount of damages, including compensation for pain and suffering, loss of market value and medical treatment, and let you know how much you can realistically claim from the insurer and the party at fault.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9:00–18:00