Subject of the dispute is challenging the decisions of the first and appellate instance courts regarding recovery of moral damages from the driver who caused a traffic accident involving the victim. The court was guided by the fact that at the time of the accident, the driver’s civil liability was insured with an insurance company, and therefore, in accordance with the law, the insurance company should compensate for moral damages within the insurance amount. The driver is obligated to compensate for moral damages only in the part that exceeds the insurer’s liability limit. The lower courts incorrectly imposed the obligation to compensate the entire moral damages exclusively on the driver, without taking into account the role of the insurance company.
The Supreme Court reversed the decisions of the previous courts in the part of recovering moral damages and referred the case for a new hearing in the civil proceedings order.