The assessment of damage following a road traffic accident is the figure on which everything depends: how much the insurer will pay out, how much you can claim from the party at fault, what court fees you will have to pay, and how much you will ultimately receive.
The key point to understand is that the assessment carried out by the insurance company is an assessment by an interested party. It is calculated using the insurer’s methodology, by their own assessor, and in their own interests. And it almost always turns out to be lower than the actual cost of repairs.
We do not carry out the assessment ourselves — that is the job of a certified assessor. We do something else: we check the report, identify any shortcomings in it, and challenge the underestimated amount.
+38 095 554-54-24 — legal advice
Why is the insurer’s valuation too low?
Depreciation. Under current MTPL regulations depreciation cannot be deducted. Previously, insurers would deduct 30–50% ‘for wear and tear of parts’, and the claimant would receive an amount that wasn’t even enough to cover half the repair costs. If the insurer is still doing this, it is a direct ground for appeal.
Loss of market value not taken into account. After repairs, a car is worth less than it was before the accident, even if it has been repaired to perfection. This difference represents a genuine loss that is subject to compensation. The insurer ‘forgets’ about it.
Hidden damage. An inspection without dismantling does not reveal deformation of the side members, or damage to the suspension, electronics or running gear. These are only discovered at the service centre – once the report has already been signed.
Underestimated time estimates and labour costs. Calculations are based on ‘average’ prices rather than the actual rates charged by official service centres.
Non-genuine spare parts. Equivalents are included in the calculation instead of genuine parts.
What is included in a full assessment
- the cost of repair — parts, labour, materials;
- loss of market value;
- market value of the car and value of salvageable remains — if repair is not viable (total write-off);
- cost of towing and storage;
- damaged property that was in the car.
Separately, outside the assessment of vehicle damage: medical expenses, loss of earnings, and non-pecuniary damage — these are calculated according to different rules.
How to appeal against an undervalued assessment
- Do not sign the insurance settlement agreement if you do not agree with it. Signing it makes it more difficult to appeal later.
- Arrange for an independent valuation — by a certified valuer, including a mandatory inspection and, if necessary, partial dismantling to identify hidden damage.
- Notify the insurer of the time and place of the inspection — so that their representative can be present. This removes their argument that ‘we weren’t invited’.
- Submit a claim with a calculation and a demand for additional payment.
- Apply for a court-appointed automotive expert assessment if the case goes to court. A court expert’s conclusion carries greater weight with the court than a report commissioned by one of the parties.
The difference between your valuation and the insurer’s valuation is the amount worth litigating for.
When repairs are not viable
If the cost of repairs exceeds the market value of the car, it is deemed a total write-off. In that case, the payout is calculated differently: the market value of the car minus the value of salvageable parts.
There is scope for manipulation here too: underestimating the market value or overestimating the value of the salvageable parts. Both figures are checked, and both are contested.
When a solicitor is not needed
Minor damage, where the insurer has paid an amount sufficient for the repairs — the matter is settled.
A solicitor is needed when:
- the payout does not cover the repairs;
- the insurer has deducted depreciation;
- the loss of market value has not been taken into account;
- the garage has discovered hidden damage;
- a total loss has been declared, but you disagree with this;
- the losses exceed the insurer’s limit — and you need to recover the costs from the party at fault;
- a forensic assessment is required.
How we work
- We analyse the insurer’s report — methodology, prices, depreciation, and consideration of damage.
- We organise an independent valuation — including an inspection and identification of hidden defects.
- We calculate the total loss — including loss of market value.
- We prepare a claim — with a calculation and a demand for additional payment.
- We apply for a forensic assessment if the case goes to court.
- We recover the difference — from the insurer or the party at fault for the road traffic accident.
Cost of services
| Service | Price |
|---|---|
| Consultation with analysis of the valuation report | from 1,500 UAH |
| Legal opinion: verification of the calculation and prospects | from 5,000 UAH |
| Claim against an insurer, pre-litigation settlement | from 5,000 UAH |
| Preparation of a statement of claim, application for an expert assessment | from 5,000 UAH |
| Attendance at one court hearing | from 3,000 UAH |
| Legal representation in court | from 10,000 UAH |
| Comprehensive ‘turnkey’ representation in civil cases | from 25,000 UAH |
The following are charged separately: the services of a certified valuer, a court-ordered automotive expert assessment, and court fees (1% of the claim value).
Full price list · Compensation for damage in road traffic accidents
Questions and answers (Assessment of road traffic accident damage)
Can I disagree with the insurer’s assessment?
Yes. This is an assessment by an interested party. You have the right to commission an independent assessment and claim the difference.
Can the insurer deduct depreciation of parts?
No. Under current Motor Third-Party Liability Insurance rules, depreciation is not taken into account when determining the amount of the payout. If the insurer has deducted it, this is grounds for an appeal.
What is loss of market value?
It is the difference in the car’s value before and after the accident: even after a high-quality repair, the car is worth less. This amount is recoverable, but the insurer often ‘forgets’ about it.
What should you do if hidden damage is discovered at the garage?
Document it in a report, request an additional valuation and submit a claim for additional payment. This is a common situation: a visual inspection without dismantling the vehicle will not reveal such damage.
What is a ‘total write-off’?
A situation where the cost of repairs exceeds the car’s market value. In such cases, the payout is equal to the market value minus the value of any salvageable parts — and both figures can also be contested.
Whose report carries more weight in court?
The conclusion of a court-appointed expert carries more weight than a report commissioned by one of the parties. Therefore, in disputed cases, the key is to file a timely application for an expert assessment.
Should the insurer be invited to the inspection?
Yes, this removes their argument that ‘we weren’t invited’ and strengthens your report in court.
What should you do if the damages exceed the insurance limit?
Recover the difference from the party at fault for the road traffic accident through the courts. The insurer is only liable up to the limit.
What documents should I bring to the consultation?
The insurance company’s valuation report, accident documents, the insurance policy, correspondence with the insurer, photos of the damage, and documents from the repair centre.
Consulting a solicitor regarding the valuation of accident damage with ‘Svarog’
Send us the insurer’s calculation — we will check whether they have deducted depreciation, taken into account the loss of market value, and whether they have underestimated the cost of the repairs. The difference between their figure and the actual cost is the amount you can claim in addition.
+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9:00–18:00