What to remember when you are in an accident

Thursday February 16th, 2017

Road accidents are a common thing that does not cause any surprise or excitement. Every day we hear news about accidents that happened on the roads of our city on radio or television. Almost every second of us is a driver, so we believe that we know almost everything about road accidents. However, when we get into an accident, which is always unpleasant and stressful for everyone, we can not always behave properly, get confused, forget about the necessary actions to minimize their responsibilities.

So, if you are the culprit of the accident and your liability is insured under the contract of compulsory civil liability insurance (ie you have a motor third party), you must immediately, but not later than 3 working days to notify the insurance company of the accident.

I draw your attention to the fact that failure to notify the insurer gives the latter the right to apply to you with a recourse action to recover the funds paid to the victim. The insurer also has the right to recourse in the case when you drove a car in a state of alcohol, drug intoxication or under the influence of drugs; whether they refused to be examined for intoxication; the cause of the accident was a technical malfunction of your car; drove a car without having the required category open.

If you are the injured party, your car must be inspected by an insurance representative within 10 business days to report the accident. If the insurance commissioner does not appear within the above period, you can choose an expert to determine the value of the damaged property. In this case, the cost of the examination is reimbursed by the insurance company. The application for insurance indemnity is submitted within 30 days from the date of notification of the accident.

Remember that the injured party has the right to receive insurance compensation no later than 90 days from the date of application for such compensation. In case of delay by the insurance company, the statutory deadlines for insurance payments, you have the right to protect your right in court with an additional penalty, for each day of delay in payment, and 3% per annum.

I would also like to note that the victim of an accident can apply for compensation directly to the perpetrator of the accident, despite the fact that during the accident his liability was insured, which corresponds to the legal position of the Supreme Court of Ukraine in the case № 6-2808tss15 from 20.01.2016

I think it is necessary to dwell in more detail on the cases when the participants of the accident may not call the police, but independently draw up a report on the accident (the so-called European protocol):

vehicles are insured;
there is an agreement between the participants of the accident on the circumstances of the incident;
drivers are not under the influence of alcohol, drugs or under the influence of drugs;
damage to property only (no injuries or deaths).
The main advantages of this method of registration of an accident is that the perpetrator of the accident is not subject to administrative liability, and the victim quickly receives insurance compensation. However, when drawing up the European protocol, it should be remembered that the insurance company will be able to pay damages to the victim only within the limit set by the National Commission for Regulation of Financial Services Markets, which since February 2016. is 50,000.00 UAH.

Therefore, in each case, try to objectively assess the damage, weigh in detail all the circumstances of the accident, be attentive to details, and if necessary, seek the help of professional lawyers and independent insurance commissioners.

For other questions (legal services provided by Oksana Turkas’ lawyer in Lviv) you can leave a request for a free consultation or call.


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