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Pensioner sued a rude driver for 13 thousand UAH for material and moral damage
Lawyer Anastasia Ploshchynska and Maria. Photo by Podil Legal League.
Lawyer Anastasia Ploshchynska and Maria.

A woman from Khmelnitsky was ready to forgive a driver who ran into her on the sidewalk his absent-mindedness. But not rudeness and threats. So she went to court.

The pensioner Maria* appealed to Khmelnytskyi Office of the Legal Development Network under the NGO "Podil Legal League". She told that when she was walking down the sidewalk, she was hit by a car. As a result of the road accident the woman was injured. However, the driver instead to help her and apologize began to threaten and insult her. The pensioner was subjected to both physical and mental suffering.

Regarding this event the information about the criminal offense under article 286 of the Criminal Code of Ukraine was entered to the Unified Register of pre-trial investigations.

First, the woman wanted only to have the driver paid the cost of her treatment, but the driver refused to resolve the conflict peacefully.

The lawyer of the Office Anastasia Ploshchynska helped Maria prepare a statement of claim about collecting material and moral damage. The court of first instance ruled that the verdict found the driver guilty of committing a crime under part 1 article 286 of the Criminal Code of Ukraine, and also decided to collect in favor of the pensioner 2 thousand 664 UAH 72 kopecks in compensation of material damage and 10 thousand 300 UAH in compensation for non-pecuniary damage – totally 12 thousand 964 UAH.

However, the accused filed an appeal against the decision of the court of first instance. The lawyers of the NGO "Podil Legal League" was prepared for his objections. On February 28, 2017, the Court of Appeal in Khmelnitskyi region ruled that the verdict of the court of first instance was left unchanged.

Now the driver must pay Maria about 13 thousand UAH.

Links to court decision:

*The name is changed for ethical reasons.

P.S. Offices of Legal Development Network are created and work with the financial support of Human Rights and Justice Program Initiative of International Renaissance Foundation. You can learn more about activity of the Network, basics and principles of work on Legal Space website.

 The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.

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