Compensation for damage after a traffic accident
Court ordered the vehicle owner to pay our client RUB 618,577 after the driver fled the scene
After a chain traffic accident, the Lifan driver fled the scene and was never identified. The car had no compulsory motor third-party liability insurance (OSAGO) under Russian law. We represented the owner of the damaged Honda Shuttle and proved that the owner of the Lifan was liable for the damage caused. The court ordered the owner of the Lifan to pay our client RUB 618,577, comprising RUB 594,781 in repair costs, RUB 6,900 for the independent appraisal and RUB 16,896 in reimbursement of the court fee.
Situation
On 29 June 2024, a chain accident involving three cars occurred: a Lifan, a Kia Ceed and the client’s Honda Shuttle.
The Honda was stopped at a red light, with the Kia behind it.
The Lifan hit the Kia, and the Kia was pushed into the Honda.
The Lifan driver fled the scene.
The driver was not found
The main difficulty
The person driving the Lifan could not be identified.
An administrative investigation was conducted.
The identity was not established.
The proceedings were terminated.
The question arose: from whom to recover the damage?
An additional problem
The Lifan had no OSAGO insurance.
The liability was not insured.
Insurance compensation was impossible.
The liable person had to be determined under civil law.
Who to hold liable
The owner of the Lifan was Kochetov M.M.
To be released from liability, he had to prove that the car had unlawfully left his possession.
There was no such evidence.
The owner was not released from liability.
How the court reconstructed the accident
The accident was reconstructed from the diagram and statements.
Lifan → Kia → Honda.
A causal link was established.
The Lifan driver violated the traffic rules.
The amount of damage
The repair cost of the Honda was RUB 594,781.
An independent appraisal was carried out.
Without accounting for wear and tear, the amount was RUB 594,781.
The defendant did not present a different calculation.
The amount was accepted in full.
Full compensation of damage
The court accepted the repair cost without deducting wear and tear
The court awarded RUB 594,781 in repair costs.
The court also awarded the independent appraisal costs
RUB 6,900.
Court costs were also imposed on the defendant
RUB 16,896 of court fee.
Result
Our client’s claim was satisfied in full
The Leninsky District Court of Krasnoyarsk satisfied the claims of Atabekov A.A.
The court ordered the owner of the Lifan to pay our client:
- RUB 594,781 — material damage;
- RUB 6,900 — costs of the independent appraisal;
- RUB 16,896 — court fee.
Awarded in total: RUB 618,577.
If the culprit fled, it does not mean that the damage cannot be recovered from anyone
The situation: the driver fled; the identity was not established; the proceedings were terminated; there was no OSAGO.
But this does not mean that the damage cannot be recovered.
What matters is:
- who owned the car;
- who lawfully possessed and controlled the vehicle and was legally responsible for its operation;
- whether there are grounds for release from liability;
- whether there was an unlawful departure from possession;
- the mechanism of the accident;
- the calculation of the damage.
The driver remained unidentified; the court held the owner liable
The administrative investigation did not establish the Lifan driver’s identity. The court held the vehicle owner liable because the car belonged to him and there was no evidence that it had unlawfully left his possession.
Our role
Konsultant Law Firm represented Argen Atabekovich Atabekov.
In court, his interests were represented by Viktor Erofeev.
The work included analyzing the accident, the amount of damage and determining the proper defendant; the claim was satisfied in full.
Court
Leninsky District Court of Krasnoyarsk
Case
No. 2-1028/2025
Decision date
6 May 2025
Reasoned decision
13 May 2025
Client
Argen Atabekovich Atabekov
Defendant
Maxim Mikhailovich Kochetov
Subject of the dispute
Compensation for damage caused by a traffic accident
Accident date
29 June 2024
Client’s car
Honda Shuttle
Car whose driver caused the accident
Lifan
Lifan driver
Not identified
OSAGO on the Lifan
Absent
Amount of damage
RUB 594,781
Appraisal costs
RUB 6,900
Court fee
RUB 16,896
Total amount awarded to the client
RUB 618,577
Result
Claim satisfied in full
Client’s representative
Viktor Erofeev
Practice Areas
Practices Related to This Case
Managing Partner, Konsultant Law Firm
Nikolay Nemkov
Did the driver flee the scene of an accident?
We will examine the circumstances of the accident, the documents on ownership of the car, the availability of insurance and who, by law, should be liable for the damage caused. We will assess the prospects of recovery and propose a position for court.