Compensation for damage after a traffic accident

Court awarded RUB 2.51 million in truck damages beyond the insurance payout

Our client’s International tractor unit was damaged in a collision with a BelAZ operated by an employee of Irbinsky Rudnik LLC. The insurer paid RUB 400,000 under Russia’s compulsory motor third-party liability insurance scheme, OSAGO. That payment did not cover the proven cost of repairing the tractor unit. The Commercial Court of the Krasnoyarsk Territory ordered the at-fault driver’s employer, Irbinsky Rudnik LLC, to pay an additional RUB 2,511,004.66 in damages, plus RUB 15,000 for the pre-trial expert assessment and RUB 24,741.66 in court fees. The total awarded against the defendant was RUB 2,550,746.32. The claim was granted in part. The court rejected the claims for RUB 46,954.23 in semitrailer damage and RUB 2,181,168 in lost profits. The court also ordered a refund of RUB 55,000 previously paid into its deposit account for an expert examination. This was the claimant’s own money and was separate from the amount awarded against the defendant. The original claimant was sole proprietor Nikolay Goncharov. After his death, Lyubov Goncharova continued the proceedings as his procedural successor. Viktor Erofeev represented the claimant for Konsultant Law Firm.

Situation

Our client’s International tractor unit was damaged in a collision with a BelAZ operated by an employee of Irbinsky Rudnik LLC (ООО «Ирбинский рудник»).

The insurer paid RUB 400,000 under Russia’s compulsory motor third-party liability insurance scheme, OSAGO. That payment did not cover the proven cost of repairing the tractor unit.

Our position

The claim was brought against the at-fault driver’s employer, since the BelAZ belonged to Irbinsky Rudnik LLC and the driver was acting as its employee.

We substantiated the claim against the at-fault driver’s employer and the amount of damage beyond the insurance payout.

Result

RUB 2,511,004.66

RUB 2,511,004.66 awarded beyond the insurance payout

The Commercial Court of the Krasnoyarsk Territory (Арбитражный суд Красноярского края) ordered Irbinsky Rudnik LLC to pay an additional RUB 2,511,004.66 in damages, plus RUB 15,000 for the pre-trial expert assessment and RUB 24,741.66 in court fees. The total awarded against the defendant was RUB 2,550,746.32.

The claim was granted in part: the court rejected the claims for RUB 46,954.23 in semitrailer damage and RUB 2,181,168 in lost profits. The court also ordered a refund of RUB 55,000 previously paid into its deposit account for an expert examination. This was the claimant’s own money and was separate from the amount awarded against the defendant.

Our role

The original claimant was sole proprietor Nikolay Goncharov (ИП Гончаров Николай Георгиевич). After his death, Lyubov Goncharova (Гончарова Любовь Владимировна) continued the proceedings as his procedural successor.

Viktor Erofeev represented the claimant for Konsultant Law Firm.

Case

No. A33-31166/2020

Court

Commercial Court of the Krasnoyarsk Territory (Арбитражный суд Красноярского края)

Operative part announced

25 June 2025

Full decision

9 July 2025

Original claimant

Sole proprietor Nikolay Goncharov (ИП Гончаров Николай Георгиевич)

Claimant after procedural succession

Lyubov Goncharova (Гончарова Любовь Владимировна)

Defendant

Irbinsky Rudnik LLC (ООО «Ирбинский рудник»)

Subject of the dispute

recovery of damage after a road accident

Insurance payout (OSAGO)

RUB 400,000

Repair cost of the tractor unit

RUB 2,911,004.66

Awarded damage

RUB 2,511,004.66

Pre-trial expert assessment

RUB 15,000

Court fees

RUB 24,741.66

Total awarded against the defendant

RUB 2,550,746.32

Lost profits

RUB 2,181,168 — rejected

Semitrailer damage

RUB 46,954.23 — rejected

Refund ordered from the court’s deposit account

RUB 55,000 — return of the claimant’s own funds, not part of the award against the defendant

Result

claim granted in part

Lawyer

Viktor Erofeev

Practice Areas

Practices Related to This Case

Nikolay Nemkov

Managing Partner, Konsultant Law Firm

Nikolay Nemkov

← All Cases

Was your vehicle damaged in an accident?

We will examine the circumstances, documents and the amount of damage. We will assess the prospects of recovery.