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Court practice

Parts depreciation still appears in one in six Ukrainian accident court decisions

Law 3720-IX abolished depreciation of parts in compulsory motor third-party liability (OSAGO) payouts. Yet in our sample of 2026 court decisions the word "depreciation" appears in 1,449 of 9,046 decisions, or 16%. In 2025 it was 17.6% (638 of 3,635). The share has barely moved.

VinWind editorial team · Published

Why depreciation has not gone away

  • Some cases concern accidents that happened before the new law took effect, and the old rules apply to them.
  • Depreciation remains in expert calculations as a separate figure, even if the court then awards an amount without it.
  • Comprehensive (KASKO) disputes follow the policy terms, not the compulsory insurance law.
  • The difference between the payout and the real repair cost is claimed from the at-fault driver under the Civil Code, where depreciation becomes a point of dispute again.

Our position

If an insurer reduced a compulsory-insurance payout for depreciation on an accident after Law 3720-IX took effect, that is grounds for a claim. If you are suing the at-fault driver, expect depreciation to be argued and ask your expert in advance to justify why parts must be replaced with new ones. More in The insurer paid too little.

Sources

  • VinWind editorial analysis: a sample of 12,902 Ukrainian court decisions on accident damage and insurance from the public register, 2024–2026. A sample, not all cases in the country; we counted mentions of parts in the available excerpts. Parties are not disclosed.
  • Law of Ukraine No. 3720-IX of 21 May 2024 on compulsory motor third-party liability insurance.