Motor vehicle collision (MVA) cases and Insurance disputes

Motor vehicle collision (MVA) cases and Insurance disputes

The complex of procedural actions taken by competent law enforcement agencies, as well as insurance companies, in connection with a motor vehicle accident and the compensation of damages arising from this event.

A motor vehicle accident (MVA), also known as a car crash or automobile collision, refers to an incident that occurs during the operation of a motor vehicle, resulting in fatalities (an auto catastrophe), injuries to individuals, or property damage.

MVA cases can be subject to legal proceedings, both in criminal court in cases involving fatalities or injuries resulting from the MVA, and in the review of materials by the court concerning the MVA during the process of considering administrative violations only when there are no severe or extremely severe bodily injuries among the participants.

One of the primary focuses of our practice is providing legal assistance by attorneys in criminal cases, which often encompass MVA cases where drivers, passengers, pedestrians, or other road users have suffered severe or moderate bodily injuries.

In the event of minor bodily injuries to MVA participants, or when there are no injuries at all, the incident is not considered a criminal offense and is handled by law enforcement agencies as administrative violation cases, processed in court under the applicable Administrative Offenses Code.

The stakes are much higher in cases involving fatalities resulting from MVAs. According to global statistics, more people die in MVAs than in wars. The annual number of MVA-related deaths exceeds 1,200,000.

If you find yourself in a complex situation facing potential liability for committing an administrative or criminal offense in connection with an MVA, it is crucial to be meticulous in selecting your legal representative. The consequences of mistakes in MVA cases can be severe, as they may involve a person's life, health, freedom, future, and even their driving privileges, which could be revoked for up to 10 years by the court.

By choosing our services, you have come to the right place. Our company's attorneys have extensive experience handling similar cases, as they are not only legal experts but also drivers themselves.

We assure you that when representing a client's interests in court or another law enforcement agency, we abide by the principles of 'Fight to the end as if it were for yourself!' and 'All methods are fair in war!'

As a car owner, you undoubtedly want to protect your vehicle from any problems and inconveniences and always feel confident on the road. However, occasionally, we encounter unforeseen road situations, events, and incidents that can lead to highly negative consequences.

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Therefore, if you are involved in an MVA, face the potential loss of your driver's license, receive fines, wish to contest an administrative violation report, have a dispute with an insurance company, or have been involved in a pedestrian accident, you need guaranteed legal assistance in your administrative violation case. In this regard, by placing your trust in us, you can not only count on legal defense but also be certain that you will receive it promptly.

Our attorneys provide swift assistance in MVA cases and help resolve disputes with insurance companies, which often refuse or partially provide insurance compensation. We offer legal services and protection starting from initial consultations and psychological support when processing MVA-related documents to the point of final victory and compensation in your case, whether it's in court or through other government, private, or insurance structures.

Prices for the services
Free "verbal" consultation

free "verbal" consultation for up to 10 minutes, without document review, by appointment only, available only on Fridays.

free of charge.
Verbal consultation without document review

unlimited duration verbal consultation, without document review, by appointment.

starting from 800 UAH.
Verbal consultation with document review

unlimited duration verbal consultation with document review, by appointment.

starting from 1000 UAH.
Drafting statements and complaints

development, drafting, and submission of written explanations regarding the circumstances of the case or complaints about the actions or inaction of law enforcement officers or officials in connection with the preparation and documentation of materials related to motor vehicle accidents (MVAs)

starting from 4000 UAH.
Pre-trial investigation, victim representation

actions taken by the attorney to protect the rights, freedoms, guarantees, and interests of the victim in motor vehicle accident (MVA) cases during the conduct of investigative proceedings

starting from 13000 UAH.
Interrogation, defense of a suspect in a criminal misdemeanor

actions taken by the attorney to defend the rights, freedoms, guarantees, and interests of the suspect in motor vehicle accident (MVA) cases during the course of an investigation.

starting from 15000 UAH.
Pre-trial investigation, defense of a suspect in a minor crime

actions taken by the attorney to protect the rights, freedoms, guarantees, and interests of the suspect in motor vehicle accident (MVA) cases during the conduct of investigative proceedings.

starting from 19000 UAH.
Pre-trial investigation, defense of a suspect in a serious crime

actions taken by the attorney to protect the rights, freedoms, guarantees, and interests of the suspect in motor vehicle accident (MVA) cases during the conduct of investigative proceedings.

starting from 24000 UAH.
Pre-trial investigation, defense of a suspect in an especially serious crime

actions taken by the attorney to protect the rights, freedoms, guarantees, and interests of the suspect in motor vehicle accident (MVA) cases during the conduct of investigative proceedings.

starting from 29000 UAH.
Representation in the first-instance court proceedings, victim representation

actions of the attorney in defense of the rights, freedoms, guarantees, and interests of the victim in motor vehicle accident (MVA) cases during the consideration of a criminal case in the first-instance court.

starting from 10000 UAH plus 1600 UAH per *.
Representation in the first-instance court proceedings, defense of the accused in a criminal misdemeanor

actions of the attorney in defense of the rights, freedoms, guarantees, and interests of the defendant in motor vehicle accident (MVA) cases during the consideration of a criminal case in the first-instance court.

starting from 13000 UAH plus 2000 UAH per *.
Representation in the first-instance court proceedings, defense of the accused in a minor crime

actions of the attorney in defense of the rights, freedoms, guarantees, and interests of the defendant in motor vehicle accident (MVA) cases during the consideration of a criminal case in the first-instance court.

starting from 15000 UAH plus 2000 UAH per *.
Representation in the first-instance court proceedings, defense of the accused in a serious crime

actions of the attorney in defense of the rights, freedoms, guarantees, and interests of the defendant in motor vehicle accident (MVA) cases during the consideration of a criminal case in the first-instance court.

starting from 19000 UAH plus 2000 UAH per *.
Representation in the first-instance court proceedings, defense of the accused in an especially serious crime

actions of the attorney in defense of the rights, freedoms, guarantees, and interests of the defendant in motor vehicle accident (MVA) cases during the consideration of a criminal case in the first-instance court.

starting from 23000 UAH plus 2000 UAH per *.
Participation in appellate court proceedings, involvement in the appellate review of the case

actions of the attorney in defense of the rights, freedoms, guarantees, and interests of the individual in motor vehicle accident (MVA) cases during the review of a criminal case by the appellate court.

starting from 50% of the FI plus 3000 UAH per *.
Preparation of an appellate complaint without participation in the process

writing, drafting, and submission of an appellate complaint by the attorney against the verdict, decision, ruling, or resolution of the first-instance court in motor vehicle accident (MVA) cases.

starting from 10000 UAH.
Participation in cassation court proceedings, involvement in the cassation review of the case

actions of the attorney in defense of the rights, freedoms, guarantees, and interests of the individual in motor vehicle accident (MVA) cases during the review of a criminal case by the cassation court.

starting from 50% of the FI plus 5000 UAH per *.
Preparation of a cassation appeal without participation in the process

writing, drafting, and submission of a cassation appeal by the attorney against the verdict, decision, ruling, or resolution of the first-instance and/or appellate court in motor vehicle accident (MVA) cases.

starting from 18000 UAH.
Participation during the documentation of a motor vehicle accident (MVA), urgent dispatch of an attorney

urgent arrival of the attorney and subsequent actions to defend the rights, freedoms, interests, and guarantees of the client during the documentation of motor vehicle accidents (MVAs) by law enforcement agencies. Additionally, hourly work of the attorney is paid based on rates (daytime / nighttime).

starting from 5000 UAH plus additional charges.
Participation during the documentation of a motor vehicle accident (MVA), attorney's daytime response

arrival and subsequent actions of the attorney aimed at protecting the rights, freedoms, interests, and guarantees of the client during the documentation of motor vehicle accidents (MVAs) by law enforcement agencies during regular business hours (from 09:00 to 19:00).

starting from 1800 UAH per hour
Participation during the documentation of a motor vehicle accident (MVA), attorney's nighttime response

arrival and subsequent actions of the attorney aimed at protecting the rights, freedoms, interests, and guarantees of the client during the documentation of motor vehicle accidents (MVAs) by law enforcement agencies during nighttime hours (from 20:00 to 08:00).

starting from 3500 UAH per hour
Representation of the interests of the vehicle owner

Participation in the judicial proceedings during the consideration of a motion for the seizure of a motor vehicle.

starting from 5000 UAH + 2000 UAH per *
Note (*)

additional fee for services on the second and subsequent court days.

Note (FI)

refers to the first instance of the court.

Important !

transportation expenses, travel costs, postage expenses, and court fees are not included in the service cost.

Maksym MARUSYCH
Attorney
  • The partner of the company is a professional practicingattorneyin Ukraine, the founder and managing partner of the Law Firm "Marusish and Partners," with extensive experience in senior legal positions in several well-known Ukrainian banks, such as "UkrSibbank" and "UkrEximBank."
  • The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens, foreigners, or stateless persons in the fields of commercial, migration, criminal, and military law. They skillfully provide defense for individuals in banking and credit disputes and offer legal assistance in cases involving personal bankruptcy.
Фото
Andriy TKACHUK
Attorney
  • The partner of the company is a professional practicing attorney in Ukraine, providing legal services on an individual basis. They are a former law enforcement officer and hold the rank of police сaptain. They served as an officer in the Main department of the National police of Ukraine in Odessa region for over 10 years. They are also a reserve officer, holding the rank of lieutenant in the land forces of the Armed Forces of Ukraine.
  • The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens and stateless persons in the fields of criminal, administrative, military, and labor law. They skillfully provide defense for individuals and offer legal assistance in cases related to administrative offenses.
Фото
Поширенні запитання
At what stage of the case do your attorneys provide assistance, and what exactly is it?
How are motor vehicle accident (MVA) cases classified under the law?
When does criminal liability arise for motor vehicle accidents (MVAs), and when is it administrative?
What advice would you give to a driver in case of a road traffic accident (RTA)?
In which cities do attorneys from your company provide legal assistance?
Answer

We have extensive experience in successfully handling motor vehicle accident (MVA) cases and will assist you at any stage of the case.

Yes, at any stage of the case, we:

  • Provide defense for suspects, accused individuals, or convicted individuals during pre-trial investigations.
  • Offer legal assistance to MVA participants, legal representation, and advocacy in court (at all levels) and investigative authorities.
  • Conduct a thorough review of MVA case materials, insurance matters, as well as analyze and forecast each specific situation.
  • Develop, draft, write, and submit various petitions, claims, appellate, and cassation complaints, as well as other legal procedural documents.
  • Monitor the enforcement of judgments, rulings, or decisions in MVA cases.

Motor vehicle accidents (MVAs) are classified by types and degrees of severity of consequences. There are 9 types of MVAs:

  1. Collision: an event in which motor vehicles (MV) collide:

Collisions can be head-on, rear-end, or side collisions.

  • with each other,
  • with a moving railway train,
  • with an MV that suddenly stopped (e.g., due to a malfunction, against a traffic signal, an unexpected obstacle, etc.).
  1. Rollover: an event in which a moving MV overturns. Rollovers occur due to adverse weather conditions, technical malfunctions, improper cargo placement or securing, or the use of incorrect steering methods.
  2. Striking an obstacle: an event in which a moving MV hits or crashes into a stationary object.
  3. Pedestrian impact: an event where:

Pedestrian impacts include cases involving people skiing, using sleds, skates, scooters, or wheelchairs without a motor, and children riding tricycles.

  • a moving MV runs into a person,
  • a person runs into a moving MV,
  • a person is injured by cargo (or parts of an MV) being transported and extending beyond the MV's dimensions.
  1. Bicycle impact: a case where a moving MV collides with a cyclist or the cyclist collides with a moving MV.
  2. Animal impact: an event in which a moving MV collides with birds, wild or domestic animals, or when these animals strike the MV, resulting in injuries to people or property damage.
  3. Animal-drawn transport impact: an event where a moving MV collides with harnessed animals or animal-drawn carts, or these harnessed animals or carts collide with the MV.
  4. Impact with a stationary MV: an event in which one moving MV collides with another MV or a stationary trailer.
  5. Other events:
  • Cargo falling off or objects thrown from a moving MV onto a person, animal, or another MV.
  • Collisions with obstacles (falling cargo, detached wheels, etc.) that suddenly appeared.
  • Collisions with individuals not participating in road traffic.
  • Passengers falling from or inside a moving MV due to sudden braking, acceleration, or changes in direction, among other scenarios.

Depending on the severity of the consequences, MVAs are classified as leading to:

  • Property damage.
  • Minor bodily injuries.
  • Moderate to severe bodily injuries.
  • Death of a victim.
  • Particularly severe consequences (4 or more fatalities or 15 or more injuries).

Criminal liability for road traffic accidents (RTAs) is provided for in Article 286 of the Criminal Code of Ukraine. According to the latter, an offense occurs when there is a violation of road traffic safety rules or vehicle operation by persons driving vehicles, only if such actions result in:

  • Moderate bodily harm to the victim;
  • Severe bodily harm to the victim;
  • Death of the victim or multiple victims.

It is important to note that for the imposition of criminal liability for RTAs, it does not matter whether the driver has a license to operate a motor vehicle or not. Additionally, there is an important nuance: during driving instruction in vehicles with dual control, it is the instructor who is held responsible for teaching and who was present with the driver at the time of the RTA, not the learner.

In cases where RTAs did not result in moderate or severe bodily harm or death (i.e., there are no consequences necessary for criminal liability), administrative liability occurs, which is provided for in Article 124 of the Code of Administrative Offenses of Ukraine.

Specifically, administrative liability occurs when violations of road traffic rules by road users result in damage to vehicles, cargo, roads, streets, railway crossings, road structures, or other property.

In other words, to simplify, administrative liability arises for RTAs without significant injuries.

Life often brings unexpected surprises, especially when you least expect them. One of such unpleasant moments is a road traffic accident (RTA). If no one's life is in danger, we offer you the following steps to take in case of an RTA:

  • Call an attorney;
  • Call your insurance company;
  • Look for witnesses;
  • Move the case to court;
  • Check the RTA scheme;
  • Pay attention to the wording;
  • Do not refuse a medical examination.

Finally, we wish everyone to avoid getting into an RTA, but in case you do become involved, do not try to leave the scene of the accident and act in accordance with the current legislation, as leaving the scene of an accident when people are in a helpless state without assistance is a crime. Therefore, a "hit-and-run driver" should understand that they will be held criminally liable as provided for in Article 135 of the Criminal Code of Ukraine, which states the following: willful abandonment without assistance of a person in a life-threatening condition who is unable to take self-preservation measures due to minority, old age, illness, or other helpless condition if the person who left without assistance was obligated to care for this person and had the opportunity to provide assistance, as well as in case when these actions caused the death of a person or other serious consequences, is punishable by imprisonment for a term of three to eight years.

Overall, our attorneys practice in the cities of Vinnytsia, Kyiv, and Odessa, as well as their respective regions. However, if needed and by mutual agreement between the parties, your representation can also be arranged in other cities of Ukraine.

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