Compensation for damage after a traffic accident
Court awarded another RUB 2.51 million in truck damages beyond the insurance payout
Our client’s International tractor unit was seriously damaged in a collision with a BelAZ operated by an employee of ООО «Ирбинский рудник» (Irbinsky Rudnik LLC). The insurer paid RUB 400,000, but that amount did not cover the proven repair cost. The court ordered the at-fault driver’s employer to pay another RUB 2,511,004.66 in damages plus part of the litigation costs.
Situation
On June 23, 2020, an International tractor unit with a Tonar semitrailer used by the client’s side collided with a BelAZ 7540V owned by ООО «Ирбинский рудник» (Irbinsky Rudnik LLC). The BelAZ was driven by the company’s employee, whose fault was confirmed by an administrative-offence decision.
The insurer paid RUB 400,000 in insurance compensation. A pre-trial expert assessment determined the repair cost of the International tractor unit, without depreciation, at RUB 2,911,004.66.
Because the insurance payment did not cover the proven amount of damage, the remaining loss had to be claimed from the at-fault driver’s employer.
The proceedings were originally brought by sole proprietor Nikolay Goncharov. After his death, Lyubov Goncharova continued the proceedings as his procedural successor.
Legal Task
Establish the amount of damage to the tractor unit, account for the insurance payment already made and recover from the at-fault driver’s employer the difference between the insurance compensation and the proven repair cost, together with recoverable litigation expenses.
How the Work Proceeded
What We Did
- 01
Reviewed the circumstances of the accident, Irbinsky Rudnik LLC’s ownership of the BelAZ and the employment relationship between the company and the driver established in the case materials.
- 02
Relied on the pre-trial expert assessment that determined the repair cost of the International tractor unit, without depreciation, at RUB 2,911,004.66.
- 03
Separated the RUB 400,000 insurance compensation already paid from the remaining damage and substantiated a RUB 2,511,004.66 claim against the party responsible for the loss.
- 04
Presented the claimant side’s position before the Commercial Court of the Krasnoyarsk Territory and also substantiated the recoverable pre-trial expert expenses and state filing fee.
Result
RUB 2,550,746.32 awarded against the driver’s employer including costs
The Commercial Court of the Krasnoyarsk Territory ordered Irbinsky Rudnik LLC to pay Lyubov Goncharova RUB 2,511,004.66 in damages — the difference between the proven repair cost of the tractor unit and the RUB 400,000 already paid by the insurer.
The court also awarded RUB 15,000 in pre-trial expert expenses and RUB 24,741.66 in state filing fees.
The total amount awarded against the defendant was RUB 2,550,746.32. The case materials do not confirm that this court-awarded amount was actually received.
The claim was granted in part. The court rejected the RUB 46,954.23 semitrailer-damage claim and the RUB 2,181,168 lost-profit claim. Viktor Erofeev of Konsultant Law Firm represented the claimant side.
Why This Case Matters
An insurance payment after a road accident does not always cover the full proven amount of loss. Where the established repair cost exceeds the insurance compensation, the difference may become the subject of a separate claim against the person legally responsible for the damage.
In this case, the court accepted the pre-trial expert assessment concerning the tractor unit and awarded the difference between the repair cost and the insurance payment. At the same time, the semitrailer and lost-profit claims were rejected because the available evidence did not support those parts of the claim.
The RUB 55,000 court deposit was not part of the award against the defendant
RUB 55,000 had previously been deposited with the Commercial Court of the Krasnoyarsk Territory for a possible court-appointed expert examination. The examination was not conducted, so the court ordered that the deposited funds be transferred to Lyubov Goncharova after the judgment becomes legally effective and after she submits an application with her bank details. The RUB 55,000 represented the return of previously deposited funds and was not part of the RUB 2,550,746.32 awarded against Irbinsky Rudnik LLC. Actual receipt of the deposit funds is not confirmed by the case materials.
Client side
claimant / procedural successor of the claimant
Original claimant
sole proprietor Nikolay Goncharov
Procedural successor
Lyubov Goncharova
Defendant
ООО «Ирбинский рудник» (Irbinsky Rudnik LLC)
Subject
recovery of road-accident damage
Accident date
June 23, 2020
Client-side vehicle
International tractor unit
Defendant vehicle
BelAZ 7540V
Insurance payment
RUB 400,000 — actually paid
Proven tractor repair cost
RUB 2,911,004.66
Damages awarded
RUB 2,511,004.66
Pre-trial expert expenses
RUB 15,000
State filing fee
RUB 24,741.66
Total award against defendant
RUB 2,550,746.32
Semitrailer
RUB 46,954.23 — claim dismissed
Lost profits
RUB 2,181,168 — claim dismissed
Court deposit
RUB 55,000 — ordered to be returned; not part of the defendant award
Court
Commercial Court of the Krasnoyarsk Territory
Case
No. А33-31166/2020
Operative part
June 25, 2025
Full decision
July 9, 2025
Result
claim partially granted
Lawyer
Viktor Erofeev
Practice Areas
Practices Related to This Case
Managing Partner, Konsultant Law Firm
Nikolay Nemkov
Is the insurance payout insufficient to cover vehicle repairs after an accident?
We will review the accident circumstances, insurer documents, expert assessments and the legal status of the party responsible for the damage to determine the remaining loss and possible claims against the at-fault party or its employer.