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Drivers who are responsible for accidents on Ukrainian roads were given a chance to get away with paying for violating the rules of compulsory insurance. More precisely, one rule - about not reporting an accident: the Supreme Court made a corresponding decision in case No. 6-2011цс16.
Let us recall that according to current legislation, the owner of a "motor insurance" policy is obliged to notify the insurance company within three days that he had an accident on the road and other parties (car, driver or pedestrian) were injured. If such notification did not occur, then the insurer that paid for the repair of the injured car or the treatment of a person, until recently, always had the right to demand all the money spent from the person responsible for the accident - no one knows about the accident for three days (with one exception - if a person did not have the opportunity to inform the Insurance Company about everything, for example, if he was seriously injured and was in the hospital unconscious). This is called - filing a recourse claim.
However, the new conclusion of the Supreme Court of Ukraine provides the perpetrator of the event with a new loophole to escape liability.
«The court ruling states that if the insurance company received all the information about the accident from the injured party, and not from the perpetrator within three days after the accident, as required by current legislation. But if the damage was compensated on the basis of a court ruling, and the perpetrator was held administratively liable - for example, paid a fine, then the Insurance Company no longer has the right to use only the rule of lack of information. And on this basis to file a recourse claim, and demand that the perpetrator pay all the damage. For this, you need to look for other reasons,» – Rostyslav Kravets, senior partner of the law firm «Kravets & Partners», explained the situation to UBR.ua.
Failure to report – is a fairly common reason for recourse in our country. Drivers who have purchased a motor vehicle rarely read their contracts with insurers. And when they get into an accident, they think selfishly, and rarely think about the injured party: it is their rights (payment) that the motor vehicle policy guarantees. Most often, they report the accident to the company where they bought the comprehensive insurance policy and are going to repair their car, and the other party simply gives the number of their OSCPV and information about the insurance company. Therefore, conflicts arise with insurers later – when they demand that the perpetrator compensate for the damage.
"The victim applies to the perpetrator's insurance company for compensation, receives it, after which the insurance company has the right to recourse against the perpetrator (who accordingly did not notify the insurance company within three days)", – described a typical situation to UBR.ua by Serhiy Kosarenko, a lawyer from the law firm "Mozhaev and Partners".
The new conclusion of the Supreme Court of Ukraine came as a surprise to most insurers. And the first weapon in the courts that lawyers are going to use will be the contradiction in the current legislation.
«On the one hand, in accordance with the requirements of subparagraph 38.1.1 of paragraph 38.1 of Article 38 of Law No. 1961-IV, for the insurer to exercise the right of recourse, the absence of a written notification of the occurrence of an insured event by the driver, the cause of the accident, is sufficient. On the other hand, the Supreme Court of Ukraine noted additional requirements for the insurer to exercise the right of recourse. That is, for the right of recourse, the insurer must prove that without a written notification from the driver, the cause of the accident, it was impossible to establish the fact of the accident, the causes and circumstances of its occurrence, or the amount of damage caused», – Rustam Khisoriev, head of the insurance legal support department of the legal department of the Ukrainian group PZU, told UBR.ua.
So the driver will still have to sweat in court to prove his right to a new exception to the rule. Lawyers note the special activity of Ukrainian insurers in courts, and assure that they will pursue every lawsuit to the end.
«Insurance companies always resort to recourse at the first opportunity, whether it is an accident with a drunk insured, an insured without a license, leaving the scene of an accident, etc. Insurers have entire departments of employees who deal exclusively with recourse claims. In the insurance company, the only goal is always to underestimate the cost of the damage, pay as little money as possible or try not to pay it at all», – Serhiy Kosarenko assured.
Source: Finance.ua
Author: Olena Lysenko
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