Subject of Dispute: Compensation for Property and Moral Damage Caused by a Road Traffic Accident.
Main Arguments of the Court:
1. The court emphasized that the primary burden of damage compensation in road traffic accident cases should be borne by the insurer, not the person who caused the damage.
2. The driver’s civil liability was insured with the insurance company “Universalna” with a limit of 260,000 UAH, therefore, a claim against the driver without involving the insurer as a co-defendant is improper.
3. The court drew attention to the principle of dispositiveness and recognition of the claim by the defendant, noting that there are no legislative restrictions on voluntary debt recognition by the person who caused the damage.
Court Decision: Partially satisfy the claim – recover 10,000 UAH of property damage from the defendant and leave the first instance court decision on recovering 5,000 UAH of moral damage unchanged.
