According to the decision by default of the court of first instance, the client (the driver found guilty in the traffic accident) of the Modus Zilver Lawyers’ Association was obliged to compensate for the material losses caused to the plaintiff as a result of such accident.
It was not possible to cancel the courts’ decision by default: the Goloseevsky District Court of Kyiv refused to satisfy the relevant application.
The appeal to the Kyiv Court of Appeal brought the desired result: by the decision of September 29, 2022, the district court’s judgment was canceled, the defendant (the perpetrator of the accident) was relieved of the obligation to compensate for the damage caused by the accident to the plaintiff (the owner of the car).
The reason for the exemption from liability was: partial payment by the insurance company of compensation for the losses incurred, the inability to establish the amount of losses incurred by the plaintiff (the cost of the car after the accident) due to the sale of this car and the lack of proper evidence in the case.
The case was run by attorney-at law Mr. Yevgen Zarudnyev, PhD., LL.M, and attorney-at-law Liudmila Demchenko.
This court case had a continuation: read more at the link.