According to the Civil Code of Ukraine, property damage caused to the property of an individual or legal entity is compensated in full by the person who caused it.
When compensating for damage caused as a result of a road accident, it is necessary to understand that when a person drives a vehicle, he drives a source of increased danger.
A source of increased danger is an activity related to the use, storage or maintenance of vehicles, mechanisms and equipment, which creates an increased danger for the person who carries out this activity and other persons.
Damage caused by a source of increased danger is compensated by a person who, on the appropriate legal basis (ownership right, other property right, contract, lease, etc.), owns a vehicle, mechanism, other object, the use, storage or maintenance of which creates an increased danger.
A person who carries out an activity that is a source of increased danger is liable for the damage caused, unless he proves that the damage was caused as a result of force majeure or the victim’s intent.
Force majeure should be understood, in particular, as extraordinary or unavoidable events under the given conditions, that is, those that are external in nature.
The victim’s intent should be understood, in particular, as his unlawful behavior when the victim not only foresees, but also desires or knowingly allows the occurrence of a harmful result.
A feature of compensation for damage caused by a source of increased danger is that the owner of such a source is obliged to compensate for the damage caused regardless of his fault.
The obligation to prove the victim’s intent or the presence of force majeure is imposed by law on the owner of the source of increased danger, since there is a civil law presumption of the person who caused the damage.
To successfully compensate for damage caused by a road accident, the following actions must be taken:
- Obtain a court ruling stating that the person who caused the damage by driving a source of increased danger is found guilty of committing an administrative offense;
- Repair the property to which the damage was caused and obtain documents confirming the costs incurred in connection with the repair (defect certificate, invoice, acceptance certificate – delivery of work, etc.)
- Submit a claim for compensation for damage caused by property damage to the court, together with the documents necessary to correctly establish the circumstances of the case, namely:
- Passport;
- RNOKPP;
- Vehicle registration certificate;
- Protocol on administrative offense;
- Court ruling on finding the person guilty;
- Documents confirming the damage to property;
- Document confirming the costs of repairs;
For a successful resolution of the case, it is important to have a properly drawn up report on an administrative offense, which must state that your property was damaged as a result of a road accident, so before signing it, carefully read the content.
It should also be noted that even if there is no court decision finding a person guilty of committing an administrative offense, you can still apply to the court with a claim for compensation for damage, since the owner of a source of increased danger is obliged to compensate for the damage caused regardless of his fault.
Lex-Consulting’s many years of experience in the field of protecting Clients’ rights in cases of compensation for damage as a result of a road accident will help you effectively protect your rights and receive proper compensation
