Submit your application

Car accident. Insurance. If car repairs more expensive than buying?

Judges do not really “like” cases related to road accidents! There are too many nuances in them, the presence of which often makes an objective trial impossible, and the participation of insurance companies in them complicates everything at times!

The Supreme Court of Ukraine “had” to understand the case of collecting insurance compensation, in which car repair was more expensive than the car itself, and the IC did not want to see this fact, since it significantly increased the amount of compensation!

The courts of first and appellate instance also “did not notice” this circumstance and awarded the plaintiff compensation, which was not enough either to repair or buy another car.

The plaintiff appealed to the SCU!

The Supreme Court “troubled” to look into the incident and found out the following:

  1. The fact of causing damage as a result of an accident that occurred through the fault of a person whose civil liability was insured has been fully proven.
  2. The cost of refurbishment of the vehicle exceeds its market value, from which it follows that the defendant must compensate the claimant for damage within the amount of the insurance indemnity minus the deductible.
  3. The fact that the plaintiff applied to the insurer with a claim-letter about the need to reimburse a larger amount is proved and documented in the case.

“Obviously! Compensation in the amount of the market value of a car, the repair of which is not economically justified, is fully consistent with the law. The opinion of the court of first instance that the payment is equal to the difference between the price of the car before and after the accident, as a result of which it “died”, is incorrect, despite the fact that the parties did not agree on the amount of compensation.”

The Supreme Court of Ukraine made the right conclusions, thanks to which the plaintiff did not need legal services:

  1. The legislation determines that the occurrence of an insured event (commission of an accident) is the basis for the insurer to pay compensation to the victim in accordance with the terms of the contract and within the insured amount.
  2. To determine the amount of damage, the insurer ordered a commodity expertise, which recorded the cost of restoring the vehicle in the amount of more than UAH 250,000. moreover, that the price of the car itself was slightly more than 60,000 UAH.
  3. The plaintiff and the courts of previous instances agreed with the report, but the plaintiff was denied adequate compensation, despite the fact that the Law of Ukraine “On Compulsory Civil Liability Insurance …” does not provide for the court’s right to refuse payment in case of disagreement between the insurer and the applicant (victim) the amount of compensation.
  4. The courts of previous instances, not only did not take into account a number of rules of the insurance compensation procedure, but they did not pay attention to the fact that the insurer did not pay anything to the victim at all, therefore the claim was in any case subject to partial satisfaction.



Successful litigation strategy of protection in case of drink driving

Professional legal aid often ensures successful appeals against the decision of the first instance court. See for yourself how events can develop with one fresh example. The pensioner, a disabled person of the III group, was threatened with a fine in the amount of UAH 10 200.00 and deprivation of a driver’s license for a […]

One aspect of resolving disputes over land use rights

Disputed land under the construction is a potential litigation with all the ensuing consequences. The Supreme Court of Ukraine considered one of such disputes and published a legal opinion, which determines that the granting of permission for the development of a land management project regarding the allotment of a “non-free” land plot does not give […]

Legal conclusion governing the donation of a share in a joint-stock company

The Grand Chamber of the Supreme Court of Ukraine, by its decision in case No. 909/1294/15 of 01.10.19, “annulled” the conclusion of the Supreme Court of Ukraine in case No. 33/45-09-1388 of 22.12.09, with the help of which the courts considered disputes on the donation of shares in these most societies to each other. Donating […]


As practice shows, counterparties, when concluding international agreements (if lawyers are not involved in the development of agreements), practically do not attach importance to the jurisdiction of dispute resolution. Obviously in vain! The information will be interesting and useful to foreign creditors who have debtors from Ukraine, Belarus and Russia. IN MOST CASES! Such “inattention” […]

The Supreme Court of Ukraine on the cancellation of the “old” will with a new one

The citizen applied to the court with a claim against two other persons, demanding the recognition of property rights by inheritance. The claim was motivated by the fact that after the death of her aunt, an inheritance for real estate (house, land) was opened. She, within the time period established by law, turned to the […]

SPU on the fulfillment of obligations in a fictitious transaction

Fictitious transactions with residential real estate are always a risk of being left without a roof over your head. It is not entirely clear what the citizen thought, who fictitiously sold his apartment to other people, whose purpose was to obtain a loan from a bank secured by this property. As a result, he had […]