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The injured party in the accident was allowed by the court to demand additional compensation

The injured party in the accident was allowed by the court to demand additional compensation

Relatives of victims of an accident can demand moral compensation from the perpetrator of the accident. The new decision was introduced by the Supreme Court. Compensation for moral damage is a problematic issue, since the compensation mechanism is poorly developed in the insurance market. According to the decision of 30.03.95, "In cases of compensation for moral compensation and damage, the determination of its amount is based on the principles of justice and reasonableness." The document notes that the amount of compensation for harm is determined depending on the volume and nature of suffering (mental, mental, physical) and other factors. The law on compulsory insurance of car owners states that the payment of moral damage is not more than 5% (that is, up to UAH 5,000) of the maximum possible amount that the insurer can pay. Even such compensation is rare. Usually it can be awarded in the event of a person's death in an accident. For more information or to order auto parts, visit this site .

As noted by Dmitry Grechuta, head of the Knyazha IC department: "We pay the maximum amount specified by law, and if the injured party asks for more, the remaining part is paid by the perpetrator of the accident." Senior partner in the law firm Rostislav Kravets recalls: "The maximum amount received by a relative of the victim in an accident is 205 thousand UAH." Earlier, the payment of such amounts seemed unrealistic, but now everything can change. Legislation reduces the court fee for filing a claim. Previously, it was approximately 1% to 10% in accordance with the amount of the claimed damage, but now the plaintiffs pay 1%. On November 5, 2012, the decision of the Armed Forces of Ukraine came into force only for the consideration of large claims due to the fact that the new law obliges insurers to increase the amount of compensation for moral damage to 12 minimum wages (about UAH 14 thousand). The new amount is much more than the amount that the victims are now seeking in the courts, but it cannot be replaced. In principle, it is possible to apply to the Supreme Court with a request to reconsider the case in connection with the new norms of legislation, but since last autumn, to reconsider the decisions after the adoption, which has not passed more than a year. According to Rostislav Kravets: "In theory, you can still apply for the restoration of the deadline for the application, but this can only depend on the case."

Source: www.tehnobum.biz



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