Road accidents with injuries: what you need to know about rights, duties and liability

Road accidents with injuries are among the most stressful situations a driver can face, where the focus shifts from repairing the car to protecting people’s health and lives. What you do in the first minutes determines the victim’s condition, how the incident will be legally classified, the scale of the liable driver’s responsibility and the chances of obtaining compensation, yet participants often neglect their duties and victims neglect their rights because of stress and lack of awareness.

First actions at the scene: not only a moral, but also a legal duty
If an accident results in injured or deceased persons, the driver must immediately stop, switch on the hazard lights, place the warning triangle, call an ambulance and the police and, if possible, provide first aid, because fleeing the scene or hiding the accident entails criminal liability and affects the legal classification of the event and the scope of responsibility. For the victim, it is crucial to record the circumstances as accurately as possible: the accident sketch, witness statements, photos and videos, dashcam data and properly drafted police documents, since this evidence will later determine the outcome of the investigation, insurance payouts and court proceedings.

Legal qualification: from administrative offence to crime
The legal consequences for the at‑fault driver depend on the severity of bodily injuries: minor injuries may be treated as an administrative offence, while moderate and severe injuries or fatalities trigger criminal liability, which affects the type of investigation, the victim’s procedural status and their rights in the proceedings. To properly determine the degree of liability and the amount of compensation, the victim needs a full set of medical records — certificates, hospital discharge summaries and expert opinions that document the nature and severity of injuries and allow a civil claim to be filed within the criminal case.

Compensation to victims: what can be claimed
A road accident with injuries always has a “double dimension” of damage – pecuniary and non‑pecuniary. Pecuniary damage covers medical and rehabilitation costs, medicines and care, lost earnings during incapacity for work, as well as losses related to damaged or destroyed property (vehicle, personal belongings, etc.). Non‑pecuniary (moral) damage includes physical pain, suffering, deterioration in quality of life, psychological consequences and damage to honour and dignity.

Civil law allows the victim to claim:

• reimbursement of actual treatment and rehabilitation expenses;
• compensation for lost wages or income;
• compensation for property damage to the vehicle and other assets;
• monetary compensation for moral (non‑pecuniary) damage;
• in appropriate cases, compensation for loss of profit (for example, when the injury prevents a person from continuing their profession or business).

Compulsory third‑party liability insurance (CTPLI/OSCPV) covers only part of the costs and only within statutory limits: insurers usually reimburse “obvious” losses — some medical costs and vehicle repair — and are far more cautious about claims for moral damage or long‑term rehabilitation. Therefore, the victim should be prepared to claim the difference directly from the at‑fault driver and, where necessary, challenge refusals or underpaid insurance benefits in court.

The role of the insurer when people are injured
If a valid CTPLI policy exists, the at‑fault driver’s insurer is the primary payer: it must compensate damage to life and health within policy limits (treatment, partially lost income and, in some cases, moral damage), though in practice victims frequently face delays, additional document requests, reduced payouts and formal denials. When actual expenses exceed policy limits or payment is denied, the driver remains liable for the difference between the real losses and the amount paid, and if there is no insurance, the victim may apply to the Motor (Transport) Insurance Bureau of Ukraine for a statutory payment and simultaneously bring claims directly against the driver.

Proving health damage: medical records as key evidence
In injury‑related accident cases, courts pay special attention to medical evidence. It is not enough to say “it hurt” or “I was treated for a long time” — every element must be documented. Important records include ambulance and emergency room notes, hospital histories and discharge letters, test and examination results, doctors’ prescriptions and receipts for medicines and medical devices, documents confirming rehabilitation or psychological treatment, and certificates of temporary or permanent disability, including disability commission decisions where applicable. The more fully the consequences of the injuries are reflected in medical reports, the easier it is to substantiate the claim in court and secure adequate compensation.

Specifics of moral damage in accidents with injuries
Moral damage in such accidents is often no less serious than material loss: a person may experience prolonged pain, limited mobility, fear of driving, depression or anxiety, as well as the loss of their usual lifestyle, work, hobbies and social connections. When assessing compensation for moral damage, courts consider the nature and severity of the injuries, duration of treatment, long‑term impact, the degree of fault and behaviour of the parties after the accident, while expert psychological opinions and testimony from relatives and colleagues about how the victim’s life has changed can significantly strengthen the case.

Why you should involve a lawyer early
Cases involving road accidents with injuries sit at the crossroads of criminal, administrative, civil and insurance law. Poorly worded statements, missed deadlines for challenging procedural decisions and imprudent comments to the insurer or investigator can seriously weaken the victim’s position. People often turn to a lawyer only “after the fact”, when witnesses have been questioned and expert examinations completed, and key procedural opportunities have already been lost.

Engaging a lawyer at the stage of documenting the accident or at the very start of the pre‑trial investigation helps to properly record the circumstances and injuries, initiate necessary technical, medical and psychological examinations, develop a strategy for obtaining insurance payments and additional compensation from the at‑fault driver, and avoid common mistakes that insurers and defence lawyers later use to reduce payouts. A lawyer is helpful not only in court but also during pre‑trial negotiations: well‑reasoned claims and references to case‑law often persuade insurers or drivers to settle without lengthy litigation.

If you have questions or problems related to claiming damages after a road accident with injuries, challenging an insurer’s refusal, preparing a civil claim within criminal proceedings or calculating material and non‑pecuniary damage, you should consult a specialised lawyer who will analyse your situation, propose an optimal strategy and support your case at every stage — from the first investigative steps to enforcement of the court decision.
Author: Maksym Lykhovyd, attorney at WINNER Law Firm.