AI DamageIn Ukraine, the at-fault driver's compulsory motor liability policy covers the damage only within its limit and the rules of the law. If the payout is not enough for the repair, the difference between the actual damage and the insurance payment can be recovered directly from the at-fault driver. The key is to calculate the actual damage correctly and prove it.
Why the payout falls short
| Reason | What happens | What to do |
|---|---|---|
| Policy limit | For 2025+ policies, UAH 250,000 per victim for property damage (UAH 1.25 million per accident). 2024 policies had a UAH 160,000 limit | The amount above the limit is claimed from the at-fault driver |
| Cash instead of repair | The default is repair at a workshop from the insurer's list. If you decline repair and take cash, VAT is deducted | Decide before filing what suits you better: repair or cash |
| Wear under older policies | Under pre-2025 policies the payout was reduced for parts wear. The new law abolished the wear coefficient and banned deductibles | For older policies, the wear difference can be claimed from the at-fault driver |
| Low estimate | The insurer uses its own estimate: cheaper parts, fewer labour hours, no hidden damage | Independent assessment and a workshop teardown report |
| Total loss | The payout is the market value minus the salvage value | Check how the market value and salvage were assessed |
What the law says
Article 1194 of the Civil Code of Ukraine: a person who insured their liability compensates the victim for the difference between the actual damage and the insurance payment when that payment is insufficient. The general grounds are Articles 1166 and 1187 (damage caused by a source of increased danger), and the method of compensation is Article 1192.
The Grand Chamber of the Supreme Court of Ukraine in case No. 755/18006/15-ц (4 July 2018) summed up the logic: the insurer pays first within the policy, and the at-fault driver pays only above the limit or where the insurer does not pay under the law. The Supreme Court applies this position in later cases too.
What evidence you need
- The insurer's decision and payout calculation (insurance report, estimate). Without them the difference cannot be shown.
- A valuation report or an automotive expert opinion on the cost of restoration repair. How it works is explained in Expert reports after an accident.
- Accident documents: the court ruling on the administrative offence against the at-fault driver, the diagram, the European accident report.
- Actual costs if the car is already repaired: workshop invoices, completion certificates, receipts for parts.
- Photos of the damage right after the accident: they help show that hidden damage relates to this exact accident (see What damage photos show).
Steps
- Notify the at-fault driver's insurer within 3 working days and file a claim (for property damage, within one year).
- Wait for the decision: the insurer has 60 calendar days, up to 90 if an additional examination is needed. Payment follows within 3 working days of the decision.
- If the payout is not enough, get an independent assessment or a teardown report and calculate the difference.
- Send the at-fault driver a written claim with the calculation. Many disputes end at this stage.
- If not, file a lawsuit at the defendant's place of residence or the place of the accident. The limitation period is 3 years.
What a claim costs
The court fee for a property claim by an individual in 2026 is 1% of the claim value, but no less than UAH 1,331.20 and no more than UAH 16,640. Add the valuation or expert report and legal fees; if the court rules in your favour, they can be recovered from the defendant.
If the at-fault driver has no policy
Then the Motor (Transport) Insurance Bureau of Ukraine (MTIBU) pays within the limit and later claims the money from the at-fault driver. You can still claim the difference above the payout from the at-fault driver under Article 1194. When an insurer sues its own client is described in Insurer recourse against the driver.
Sources
- Law of Ukraine on Compulsory Insurance of Civil Liability of Owners of Land Vehicles No. 3720-IX of 21.05.2024 (in force from 01.01.2025)
- Civil Code of Ukraine, Articles 1166, 1187, 1192, 1194, 257
- Resolution of the Grand Chamber of the Supreme Court of Ukraine of 04.07.2018, case No. 755/18006/15-ц
- Law of Ukraine on Court Fee; subsistence minimum for 2026: UAH 3,328