In Moscow, authorities note that a delay on tram lines carries a cost. The city’s transport department states that every minute of tram delay can amount to about 6,000 rubles, and this does not account for the broader disruption caused when other trams are held on the rails.
In 2024, there were 73 court decisions related to tram delays, with most rulings in favor of Moscow Metro.
Maxim Liksutov, the mayor and deputy for transport and industry, said that the aim is to reduce delays by improving traffic management, separating lanes, building platforms, and taking action against those responsible for disrupting service.
When an accident blocks a road, tram operators have proposed clearing the route, he explained. If a driver refuses to move away from the accident scene and delays urban transport, the damages from halted traffic can be pursued in court.
Official data show that the typical damage in tram delay cases exceeds 220,000 rubles. This amount reflects compensation for stopping tram traffic for roughly 36 minutes. In 2024, Moscow residents paid over 16 million rubles in losses due to tram delays.
The court next to “horned”
In practice, delayed incidents frequently lead to the recovery of lost profits. Complaints commonly concern passenger transport and the inability to use taxi or freight services during the disruption.
According to a lawyer, carriers, owners, and operators may be held liable for recovering lost profits in such cases.
Experts emphasize that the final amount of lost profits must be proven in court. If the reasons appear inadequate, the claimant may be denied recovery of profits.
However, Moscow Metro applies its own calculation rules, supported by regulatory documents, as noted by Anton Shaparin, vice president of the National Automobile Association.
“If the tram is not at fault for the accident, it makes little sense to discard these fines and payments. The same logic applies to the subway; when a collision happens, compensation may still be due,” he warned.
In a talk with Gazeta.ru, lawyer Sergey Radko echoed this view, saying that proving innocence in court can be extremely challenging.
“Today there is no simple method to calculate lost profits. It is unclear how many passengers the tram would have carried if it had not stopped on the roads—there may be cases where half of the passengers are beneficiaries or even questionable claims.”
Still, Radko noted that there are some average figures used in such applications by Moscow Metro.
Most expensive accidents
Radko says tram accidents are among the costliest road incidents for the party at fault. These vehicles carry documented passenger counts, and lost profits are calculated based on those numbers.
Anton Shaparin added that bus accidents can also burden drivers, applying the same logic to buses as to trams.
Lawyer Radko cautions that truck crashes pose a serious financial risk and can be harder to prove in court, though they do occur. For example, a carrier could lose a contract due to a delay or failed delivery caused by an accident, leading to penalties.
“In practice, a heavy truck involved in a minor crash could derail a delivery, resulting in the loss of a client worth roughly 2 million rubles. Attempts to recover that amount often follow,” he noted.
He adds that taxi drivers can pursue lost profits, but such cases are rare. To do this, drivers would need data on average earnings per hour. For instance, if a taxi driver earns about 1,000 rubles per hour, they might seek compensation for a two-hour deduction period in court.
Another risk involves retro or vintage cars where details are difficult to obtain. Shaparin warned that a crash involving such vehicles could push a driver toward bankruptcy due to large debts.
“A retro car claim can reach around 250,000 rubles for a minor issue, while an iron folding roof could be 1.5 million rubles. A valuation expert estimates parts and repair costs from catalogs, and totals can be substantial. That creates a real risk of bankruptcy for the claimant,” he added.
Shaparin also noted that accidents involving luxury brands like Rolls-Royce carry enormous potential costs due to expensive spare parts and very high damage values.
Radko recommends that drivers leave the scene quickly if it is safe, photograph the incident, move the vehicle to a safe place, and then proceed with the prescribed procedures.
What about insurance?
Russian insurers indicate that expanded OSAGO and similar voluntary coverage may not always help drivers in tram delay situations. Artem Yakovlev, director at CASCO field, explained that the policy covers the difference between the compensation and actual damage for OSAGO. For example, if OSAGO pays up to 400,000 rubles but the actual damage is 600,000 rubles, DSAGO would cover the gap.
He added that the absence of a clear legislative framework for calculation and deduction costs means that the losses from public transport deductions are not always resolved.
Rosgosstrakh’s press service stated that OSAGO does not reimburse lost profits for business owners. The terms of OSAGO carve out certain damages, including some lost profit claims, and the affected party may pursue remedies under the Civil Code.
The standard DSAGO terms do not cover lost profits either. Insurance terms can vary by company, so drivers should carefully review their policies. Shaparin notes that policy limits are rarely expanded and are not unlimited in any case.