When the at-fault driver lacks a motor vehicle policy, obtaining compensation often requires pursuing a court claim. This reality is acknowledged by industry experts who note that, in such cases, settlement through a standard insurance policy may be unavailable and litigation becomes the primary avenue for recovery.
To pursue a civil claim successfully, accurate and complete documentation is essential. A crucial step is gathering the proper materials, while relying on an insurer for settlement may be ineffective because OSAGO coverage does not generally address these outcomes.
One of the first documents needed is an accident certificate. This certificate is prepared by the traffic police inspector if the incident occurred on a public road, or by a local police officer if it occurred nearby. The certificate provides an official record of the event, including the circumstances and parties involved, which is vital in any court proceeding.
Another key document is a damage assessment certificate. This can be obtained from accredited assessment companies that evaluate the extent of property damage. A third important item is the lawsuit itself, and it is advisable for this to be prepared by an experienced attorney who understands personal injury and property damage litigation. When these documents are accurately assembled, the court’s likelihood of awarding compensation increases. It may also be possible to claim the loss in vehicle value from the responsible party, a remedy not typically available through OSAGO. If this route is pursued, the court may appoint a separate expert investigation to determine the value loss.
How is the money collected?
Winning a judgment is only part of the challenge. Enforcement relies on the bailiff system, which uses a writ of execution to seize assets or garnish wages. In some cases, the at-fault party may have limited funds or money in accounts, making full recovery slow or uncertain. In such scenarios, partial recovery through monthly wage deductions might be necessary to achieve compensation over time.
Whenever possible, it is preferable to negotiate a settlement outside of court. A settlement agreement is typically drafted in informal terms, clearly outlining the accident details, the amount paid by the at-fault party, and a mutual agreement that neither side will pursue further claims. This approach can expedite compensation and reduce legal costs, but it requires careful documentation to ensure enforceability and finality for both parties.