When the perpetrator of a traffic accident must reimburse the state for the victim's medical treatment costs

The Karlivka District Court of Poltava region, by a default judgment, satisfied the prosecutor's claim filed in the interests of the state represented by the National Health Service of Ukraine and the Horishni Plavni City Council, and recovered from the defendant the costs of inpatient treatment of a minor who was injured as a result of a criminal offense. In addition, the court recovered the court fee from the defendant.

Case circumstances

After the conviction became final, the costs of the victim's inpatient treatment were not voluntarily reimbursed. Therefore, the prosecutor filed a claim in court in the interests of the state to recover these costs.

The basis for the claim was a verdict that found the driver of a Chevrolet Aveo guilty of criminal offenses under Part 1 of Article 286 and Part 1 of Article 135 of the Criminal Code of Ukraine.

The court in the criminal case established that on February 22, 2025, in the city of Horishni Plavni, the driver, approaching an unregulated pedestrian crossing, failed to yield to a minor pedestrian crossing the road on the "zebra" crossing and hit him. The victim sustained moderate bodily injuries, including a fracture-dislocation of the ankle joint, ligament rupture, a wound, and numerous abrasions.

According to the automotive technical expertise, the driver had the technical ability to stop the vehicle and avoid the collision but did not comply with the traffic rules. After the accident, he did not provide assistance to the victim, did not call an ambulance, and left the scene, although he had a real opportunity to help. These circumstances were the basis for qualifying his actions also under Part 1 of Article 135 of the Criminal Code of Ukraine.

The victim was hospitalized in the Horishni Plavni hospital from February 22 to March 12, 2025. The total cost of treatment amounted to UAH 32,072.94. Of this amount, UAH 16,789.03 was financed by the National Health Service of Ukraine under the medical guarantees program, and UAH 15,283.91 was covered by the local budget of the Horishni Plavni City Council. The issue of reimbursing these costs was not resolved during the criminal proceedings.

Court's position

The court noted that the final criminal verdict is binding for the court when considering this civil case regarding establishing the fact of the criminal offense and that it was committed by the defendant. Therefore, the circumstances established by the conviction did not require re-proving.

After examining the case materials, the court established a causal link between the criminal offense and the victim's inpatient treatment. The cost of treatment was confirmed by documents from the medical institution and the National Health Service of Ukraine.

The court pointed out that according to Article 1206 of the Civil Code of Ukraine, a person who committed a crime is obliged to reimburse the healthcare institution for the victim's treatment costs. If the treatment was provided in a state or communal healthcare institution, the funds must be credited to the respective state or local budget. Since medical services were paid both from the medical guarantees program funds and from the territorial community's funds, both components of the costs are subject to reimbursement.

The court also noted that if the issue of reimbursing the victim's treatment costs was not resolved during the verdict, such funds can be recovered through civil proceedings by a separate claim. This was the situation in this case.

Since the defendant did not voluntarily reimburse the incurred costs, the court concluded that there were legal grounds to satisfy the claim in full.

Court decision

The Karlivka District Court of Poltava region in case No. 534/9/26 satisfied the prosecutor's claim filed in the interests of the state represented by the National Health Service of Ukraine and the Horishni Plavni City Council.

The court recovered from the defendant UAH 16,789.03 to the State Budget of Ukraine as costs incurred by the National Health Service of Ukraine for the victim's treatment, UAH 15,283.91 to the budget of the Horishni Plavni city territorial community as costs financed from the local budget, and UAH 3,328 as court fees in favor of the state.

Thus, by court decision, the defendant must reimburse UAH 32,072.94 for the victim's inpatient treatment costs incurred from the state and local budgets, as well as pay UAH 3,328 in court fees.

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