A Russian road-accident debt cannot be classified from the word “damages” in a writ alone. Property damage, injury, moral harm and an insurer claim have different discharge treatment.
Property damage
Repairing a vehicle or other property differs from personal injury.
The victim’s personal protection
Life or health damage and non-pecuniary damages survive bankruptcy.
The insurer
Subrogation or recourse requires review of its basis, date and judgment.
Are road-accident debts discharged?
Article 213.28 generally allows discharge after completion. Life or health damage and non-pecuniary damages survive. For property loss, check the exceptions, including damage caused intentionally or through gross negligence, and the grounds for refusing discharge due to debtor misconduct.
Claim classification
| Claim | General treatment | Review |
|---|---|---|
| Vehicle or property repair | May fall within general discharge | Basis, intent or gross negligence, date and award components |
| Life or health damage | Survives completion | Medical cost, lost earnings and periodic compensation |
| Moral harm | Survives | Separate award and judgment basis |
| Insurer subrogation | Transfer does not change the original nature | What loss the insurer compensated |
| Compulsory-insurance recourse | Special reverse claim | Recourse ground, judgment and Article 213.28 exceptions |
| Damage arising after petition acceptance | Current claim | Accident date and obligation date |
Civil Code Articles 1064 and 1079 concern the basis of liability and damage caused by a source of increased danger. They address why a debt arose; Bankruptcy Law Article 213.28 determines its treatment after completion.
Break down the judgment
Mark what is established.
Practical sequence
Collect decisions
Judgment, writ, accident file, insurance records and calculation.
Separate awards
Do not combine property, injury, moral harm and costs.
Identify the creditor
Victim, insurer and another payer may rely on different bases.
Verify dates
Determine whether the claim arose before or after petition acceptance.
File or object
Use the bankruptcy case and explain each component.
Review completion
Compare the court order with Article 213.28.
Who is owed each component and how to evidence it
| Claim | Recipient | Records |
|---|---|---|
| Personal injury | Victim | Judgment, medical records and calculation |
| Non-pecuniary damage | Victim | Full decision with the separate award |
| Vehicle repair | Owner | Judgment, repair calculation and fault findings |
| Insurance payment | Victim | Insurer decision and payment evidence |
| Recourse | Insurer | Recourse basis and payment records |
Break down the judgment
List every awarded component separately.
Obtain the insurance file
Check payment, limit and refusal.
Map to bankruptcy
Timing and claim nature affect treatment.
Personal Injury Survives While Property Loss Needs Separate Classification
Checked on 21 October 2026 against Bankruptcy Law Article 213.28. Keep the full judgment and writ, calculations for every award, victim details and insurance-payment evidence. For an insurer’s claim, obtain its legal basis and records of whom it paid and for what. A traffic-offence order and a damages judgment address different issues; examine the findings rather than the document’s label.
Disclose the claim and disputed components to the court and financial manager. Reconcile the unpaid balance with the completion order: register admission alone does not establish eventual discharge. For a surviving personal claim, absence from the register does not replace legal assessment either.
Accident File
Frequently asked questions
Is the victim’s repair award discharged?
There is no automatic answer. It is property damage; statutory exceptions and the completion order must be reviewed.
Is moral-harm compensation discharged?
No. Article 213.28 expressly preserves it.
What about treatment costs and lost earnings?
They relate to life or health damage and survive to the unpaid extent.
Does an insurance payment end the debtor’s exposure?
Not always. The insurer may obtain a subrogated or recourse claim whose basis requires review.
Is the writ enough to classify the debt?
No. A writ rarely states the complete factual and legal basis; obtain the full judgment.
Primary sources
- Civil Code, Article 1064
- Civil Code, Article 1079
- Insolvency Law, Article 4
- Article 213.28 — discharge exceptions
- Supreme Court review, 18 June 2025
Related guidance
Non-dischargeable debts · Enforcement writ · Creditor claim filing
Need to classify a road-accident debt?
Separate the awards, insurance records and relevant discharge exceptions.
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