How much does the first consultation cost?

The consultation is free when an engagement is signed: if you entrust the matter to us, the first meeting costs nothing. At it we go through the situation and tell you whether the matter has prospects in court, what scenarios are available and roughly what running the case will cost. This information does not constitute a public offer (art. 437(1) of the Civil Code of the Russian Federation).

Do you guarantee the outcome of a case?

No, and nobody can: the outcome of litigation is decided by the court. We are answerable for the quality of our work, for the pace and for making sure you always know what stage the matter is at. You receive our assessment of the prospects before the engagement is signed.

Who will handle my matter?

Every matter has a responsible partner. He assembles the team for the task — a litigator, a tax specialist, a valuer — and remains your point of contact until the end. Where the task requires the status of an advocate, advocates of the Kovalev, Malyutov, Tsypkalo & Partners Moscow Bar Association are brought in under a cooperation agreement.

Do you work with the regions?

Yes. We have two offices — in Moscow and Mariupol — and we run matters throughout Russia. The engagement can be signed remotely, documents are accepted electronically, and we stay in touch by telephone, messenger and e-mail.

How do the firm's lawyers and the advocates work together?

Legal review, transaction support, insolvency and representation in commercial and civil proceedings are carried out by the lawyers of Kovalev & Partners LLC under an engagement with the company. Tasks that require the status of an advocate — criminal defence, attendance at searches and interviews, an advocate's formal request — are carried out by advocates of the Kovalev, Malyutov, Tsypkalo & Partners Moscow Bar Association: the company has a cooperation agreement with the Bar Association, while the agreement on the provision of legal assistance is made by the client directly with the advocate (art. 25(1) of Federal Law No. 63-FZ of 31 May 2002 “On Advocacy and the Bar in the Russian Federation”). For you this is a single point of entry: we assemble the team.

What happens after I send an enquiry?

We read your description of the situation and come back within one working day: we ask clarifying questions and tell you what we can realistically do. We do not pass your documents or your description of the situation to anyone.

ROAD ACCIDENTS AND INSURANCE / 03

Recovering damages after a road accident

The insurance did not cover the repair, the driver at fault has no OSAGO policy, or you or your passengers were injured. We establish who is liable for the harm and to what extent, and bring claims against the insurer, the driver or the vehicle's owner.

Call: +7 (499) 460-63-47

What is happening

The insurer paid out under the Unified Methodology, and the dealer has quoted twice as much for the repair. The difference between the insurance payout and the actual loss can be claimed from the driver at fault or the owner of their car, and this is the most common reason people come to us.

The driver at fault has no policy, or it turned out to be forged. The whole loss is then claimed directly from them and the vehicle's owner, and it is important to find out straight away whether they have assets, so the judgment does not stay on paper.

People were hurt in the accident: treatment, lost earnings, long rehabilitation. On top of the insurance payment for injury, you can claim compensation for distress and expenses beyond the insurance limit.

What the law says

Harm caused by a source of increased danger is compensated by its owner, meaning the registered owner or a person lawfully in control of the vehicle. If the driver was acting on their employer's instructions, the employer is liable (the Civil Code).
Damage to property that vehicle owners cause each other is compensated on the basis of fault; harm to the life and health of pedestrians and passengers is compensated by the owner of the source of increased danger regardless of fault.
If the insurance payout under Federal Law No. 40-FZ of 25 April 2002 "On Compulsory Civil Liability Insurance for Vehicle Owners" is insufficient, the difference between it and the actual loss can be recovered from the person who caused the harm. The actual loss is as a rule calculated at market prices without deduction for wear.
The actual loss includes the car's loss of market value and the costs of towing, storage and valuation.
For personal injury, lost earnings and the costs of treatment, rehabilitation and care are recoverable; the amount of compensation for distress is set by the court.
The general limitation period is three years. Claims for harm to life and health are not time-barred, but past losses can be recovered only for the three years before the claim is filed.

What we do

We analyse the circumstances of the accident and the allocation of fault in light of the traffic police file.
We identify the right defendant: the driver at fault, the owner, the driver's employer, the insurer or the Russian Union of Motor Insurers.
We arrange an inspection with notice to the other side and a valuation of the market cost of repair and the loss of market value.
We collect medical records and calculate lost earnings and treatment costs.
We send a demand, seek interim measures over the defendant's assets and run the case in court.
We follow enforcement of the judgment under Federal Law No. 229-FZ of 2 October 2007 "On Enforcement Proceedings".

What we will need from you

Accident documents: the traffic police ruling, the diagram or joint accident report, and the other driver's details.
Details of the OSAGO payout: the insurer's report, calculation, payment order or the financial ombudsman's decision.
Garage invoices and repair estimates, or an independent valuer's report.
Photos and video of the scene, dashcam footage and witnesses' contact details.
For personal injury: medical records, sick notes, income statements and receipts for treatment.

HOW THE WORK IS BUILT

How the work is built

Review

We work out who is liable, what the insurance covers and what remains with the driver at fault.

1 meeting

Valuation

We arrange an inspection and valuation of the loss, with notice to the other side.

1–2 weeks

Demand and claim

We send a demand and, if it is refused, file a claim and ask for a freeze on the defendant's assets.

as required

Court and recovery

We run the case and, after judgment, pass the writ to the bailiffs and monitor recovery.

court schedule

NEARBY

Other services in this practice

All services in this practice

QUESTIONS

Frequent questions

The driver at fault says his insurer should pay for everything.

The insurer is liable up to the policy limit and under the Unified Methodology. If the real repair costs more, the difference falls on the owner of the vehicle that caused the damage. The Constitutional Court set out this position, and the courts of general jurisdiction follow it.

The other car is registered to someone else. Who do I claim from?

From the lawful owner. If the registered owner handed the car over without proper paperwork, they may be liable themselves, including in shares with the driver. Who was the lawful owner is established from the documents: a lease, a power of attorney, an OSAGO policy naming the driver. So the claim is often brought against both, and the court decides who is liable.

Do I have to claim under OSAGO first and then go after the driver?

As a rule, yes: the driver is asked to pay what the insurance payout does not cover. If you agreed with the insurer to take cash instead of repair, the driver may argue about how much the insurer should have paid. So it is best to plan the sequence from the outset.

NEXT STEP

Let us discuss your situation

The consultation is free of charge when an engagement agreement is signed: on it we say what has to be done and by when.

Call: +7 (499) 460-63-47