Almost everyone has faced personally or indirectly an event such as a car accident during which property (own car) was damaged. If the accident was caused by another driver whose civil liability is insured and who admits his guilt or his guilt is confirmed by the court, it immediately seems that the insurance company of the driver responsible for the accident quickly and easily compensates for the damage. At the same time, it is quite common to underestimate the amount of insurance compensation by the insurance company, even if the limits of the civil liability of the perpetrator allow you to reimburse a larger amount.
In order to determine the value of the damage, you can involve an independent expert, who will make the trip, inspect the damaged car and make a report on the value of material damage to the owner. In such cases, automotive examination is conducted.
According to the Law of Ukraine "On Compulsory Insurance of Civil Liability of Land Vehicle Owners", the procedure for payment of insurance indemnity is preceded by the stage of coordination of the insurance company of the culprit with the owner of the damaged car. The insurance company informs you of the exact amount to be paid to you. Realizing that the insurance company has underestimated the damage and underestimates the amount of insurance indemnity, you must provide written objections that you do not agree with the amount offered by the insurance company and demand payment of the difference between the actual amount of damage - the amount stated in the report. your order, and the insurance payment and attach the calculation of the cost of repairs, the report of an independent expert, a review of the insurance report.
If the insurance company refused to pay the difference, the way out is to go to court to protect their violated rights with a statement of claim to the insurance company within the limit of liability of the perpetrator of the accident. If the damages exceed the limit of liability, the defendants will be the insurance company and the perpetrator of the accident.
Elizaveta Lipka, lawyer of Dynasty Law & Investment
