An insurance payout under the Compulsory Motor Third-Party Liability Insurance (CMTPL) policy 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 under Article 1194 of the Civil Code of Ukraine. 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 at all — it is recovered separately and only from the party at fault through the courts.
The correct approach after an accident is as follows: claim from the insurer what it is obliged to pay, and claim the remainder — the part of the damages exceeding the limit, non-pecuniary damages, medical expenses and loss of earnings — from the person at fault. In practice, however, victims often settle for an underpaid insurance settlement, without even realising that the majority of the compensation can be claimed separately.
We calculate the full extent of the damages, challenge underpaid claims and the insurer’s refusals, and recover the difference and compensation for non-pecuniary damage from the party at fault — securing actual money, not just a decision on paper.
+38 095 554-54-24 — advice on compensation for damages following a road traffic accident.
What can be claimed
Compensation for damages following a road traffic accident covers much more than just the cost of repairs:
- Material damage: the cost of car repairs (or its market value if repairs are not viable); loss of market value — the car is worth less after repairs, and this difference can also be claimed; the cost of towing, storage and expert assessment; damaged property that was in the car.
- Injuries: costs of treatment, medication, rehabilitation and prosthetics; loss of earnings for the entire period of incapacity; costs of external care; in the event of permanent incapacity — monthly payments.
- In the event of death: funeral expenses; payments to the deceased’s dependants; non-pecuniary damage to relatives.
- Non-pecuniary damage — claimed separately, and only from the party at fault; it is not covered by insurance.
Key change: depreciation is no longer deducted
Under the current MTPL rules, depreciation is no longer taken into account when determining the amount of compensation. Previously, the insurer would 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 now important: if an insurer is still deducting depreciation, this is a direct ground for an appeal. Payout limits are set by regulation and reviewed periodically, so it is worth checking the current amounts during a consultation — as it is these amounts that determine how much you will need to claim from the party at fault.
Recovery from the party at fault
This is something the insurance company does not do, and something most victims are unaware of. The party at fault for the road traffic accident is liable for the difference between the actual losses and the insurance payout, emotional distress (which MTPL insurance does not cover at all) and the full amount of losses if the party at fault did not have a policy. A claim is filed with the court; the court fee is 1 per cent of the claim value. If there is a risk that the person at fault will sell their car or other property, an application for interim relief is filed at the same time as the claim.
A special case: 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 through recourse — in other words, the policy did not, in effect, protect them. And if there are victims with physical injuries in the accident, criminal proceedings are initiated in parallel, and in this case you will need a solicitor specialising in Article 286 of the Criminal Code.
What to do after a road traffic accident
- Failing to remain at the scene of a road traffic accident is a separate offence, which also results in the loss of the right to an insurance payout.
- Call the police (unless a European accident statement is being duly completed — where there are no injuries and the claim is within the limit).
- Document everything: photos, videos, witnesses, the other driver’s details and their insurance policy details.
- See a doctor, even if the injuries seem minor: without medical records, it is difficult to prove emotional distress and damage to health.
- Notify your insurer within the time limit set by the contract and by law; missing this deadline is a common ground for refusal.
- Arrange for an independent assessment of the damage and do not rely solely on the insurer’s valuation.
- Consult a solicitor before signing any documents with the insurer.
Why claims are often underestimated
There are usually several reasons: the insurer calculates claims using its own methodology and its own assessor; 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’ because hidden defects are not visible without dismantling the vehicle; the party at fault was incorrectly identified — and the claim was refused altogether; non-pecuniary damage is not claimed because the insurer does not remind you of it. That is why you always need your own independent assessment — find out more about this on the page traffic accident damage assessment. The difference between your assessment and the insurer’s is the amount worth taking to court.
When you need a solicitor, and when you don’t
If the road traffic accident is minor, a European accident report has been completed, the insurer has paid an amount sufficient to cover the repairs, and there are no further claims — you do not need a solicitor, and we will tell you as much. You need a lawyer when the insurer has underpaid or refused to pay; when the damages exceed the limit and you need to recover costs from the party at fault; when there are injured parties; when the party at fault has been incorrectly identified or liability is being contested; when the party at fault did not have insurance; or when a claim for emotional distress is being made. In these situations, the difference between ‘doing it yourself’ and hiring a solicitor amounts to tens, and sometimes even hundreds, of thousands of hryvnias.
How we work
- we analyse the road traffic accident documents — the diagram, the report, the findings and the insurance policy;
- we arrange an independent assessment, taking into account hidden damage and loss of market value;
- we prepare a claim for the insurance company and challenge any refusal or undervaluation;
- calculate the total damages — material, non-material, medical expenses and loss of earnings;
- recover the difference from the party at fault, if necessary by seizing their assets;
- oversee enforcement proceedings until actual payment is received.
Cost of services (compensation for damages following a road traffic accident)
| Service | Price |
|---|---|
| Consultation with analysis of road traffic accident documents | from 1,500 UAH |
| Legal opinion: calculation of damages and prospects | from 5,000 UAH |
| Claim against the insurer, pre-litigation settlement | from 5,000 UAH |
| Preparation of a statement of claim 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 civil cases | from 25,000 UAH |
| Support for enforcement proceedings | from 3,000 UAH |
The following are charged separately: court fees (1% of the claim value), independent assessment of damages, and vehicle technical expertise. If you need to claim compensation specifically for non-pecuniary damage, please also see the page compensation for non-pecuniary and pecuniary damage</ a>, and for disputes with insurance companies — resolving insurance issues.
Questions and answers (compensation for damage following 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. 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 the loss directly from them through the courts. At the same time, you should apply for a provisional order to secure the claim — 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 you 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 if there are casualties in the road traffic accident?
In that case, in addition to civil compensation, criminal proceedings are initiated under Article 286 of the Criminal Code, and you will need legal representation in the criminal case. We handle these two aspects in parallel.
What documents should I bring to the consultation?
Documents relating to the road traffic accident (diagram, ruling, certificate), your insurance policy, correspondence with the insurer, the valuation report, medical documents, receipts for treatment, and proof of income.
How much do your services cost?
From 1,500 UAH per consultation. The cost of legal representation depends on whether the matter can be resolved out of court and on the scope of the dispute — we will quote a price after assessing the situation.
Contact a solicitor at Svarog regarding compensation for damages following a road traffic accident
Send us the road traffic accident documents and the insurance company’s offer — 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 insurance company and the party at fault. All matters following an accident are handled by a road traffic accident lawyer.
Telephone: +38 095 554-54-24, +38 096 554-54-25 (Telegram, Viber, WhatsApp). Address: 7 Khoriva Street, Office 2, Kyiv (Podil). Opening hours: Mon–Fri, 9.00–18.00.