AROUPublicationsCan You Claim Compensation from the At-Fault Driver Through Court

Can You Claim Compensation from the At-Fault Driver Through Court

  • July 14, 2025
  • Posted by: АРОУ
  • Category: Publications
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A road traffic accident (RTA) can cause significant financial and emotional damage, especially if the insurance payout is insufficient or the at-fault party refuses to compensate the losses voluntarily. In such cases, the victim has every right to file a lawsuit to recover damages through court.

Lawyers at the “Legal and Realtor Association of Ukraine” will protect your interests and help you receive fair compensation, even if the driver tries to avoid responsibility.

When Should You Go to Court

Filing a claim in court is recommended in the following situations:

  • The at-fault driver has no insurance, or the insurance company refuses to cover the costs

  • The insurance payout is too low and doesn’t reflect real damages

  • The at-fault party refuses to pay, avoids contact, or denies guilt

  • The accident caused serious injuries or disability

  • The at-fault driver does not comply with the court ruling or avoids payment

What Compensation Can Be Awarded by the Court

The court can require the at-fault party to pay:

  • Property damage – repair costs for your vehicle, lost personal belongings (phone, clothing, etc)

  • Medical expenses – reimbursement for treatment, rehabilitation, medication

  • Lost income – if the accident prevented you from working

  • Moral damages – compensation for physical pain and psychological suffering

  • Legal costs – if you win, the at-fault party covers your attorney and court fees

How to File a Lawsuit Against the At-Fault Driver

  1. Gather all evidence – accident report, photos, witness statements, medical certificates, receipts

  2. Conduct a damage assessment – determine actual repair or treatment costs

  3. Send a written claim to the at-fault driver – an attempt to resolve the issue out of court (required step)

  4. Prepare a lawsuit – a lawyer will draft and file the claim in court

  5. Attend the hearing – our lawyers will represent you in court

  6. Enforce the court ruling – if the driver doesn’t pay, we initiate enforcement proceedings

Why Work with a Lawyer

  • Experienced attorneys – we know the ins and outs of RTA litigation

  • Fast document preparation – we submit claims and legal notices without delay

  • High chance of success – we support even the most difficult cases

  • Full legal support – from pretrial negotiations to forced enforcement

If the at-fault driver refuses to pay – don’t wait
Contact us and we will help you recover the compensation through court



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