Step by step instructions for those who seriously damaged the car on a bad road. Although it is not always possible to prove that the accident occurred precisely because of the poor condition of the asphalt.
At first glance, everything is simple – road services are responsible for the condition of the roadway and the timely elimination of potholes, subsidence, snow and ice.
There is also a special GOST R 50597–2017 “Automobile roads and streets. Requirements for the operational state, admissible under the terms of ensuring traffic safety. He not only determines what the condition of the roadway should be, but also sets the time frame during which the defects must be eliminated.
So, patching up a large hole on the highway is required in a day, on a country road – in a week. If the defects of the canvas are not eliminated in a timely manner, road builders may be attracted under Art. 12.34 of the Code of Administrative Offenses of the Russian Federation “Failure to comply with the requirements for ensuring road safety during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures.”
The devil is in the details
At the same time, the driver, in accordance with clause 10.1 of the SDA, must take into account visibility, weather and road conditions while driving. And since this paragraph of the Rules can be interpreted very broadly, it is not always possible to recover damages from road builders.
Often both parties are found guilty: for example, the fault of the road services can be 30%, and the driver – 70%. In the same proportion, the amount of damage that the owner of the affected car can recover through the court is also reduced.
The presence of warning signs may also affect the decision of the court. For example, if sign 1.16 “Rough Road” is installed, part of the blame is almost in any case placed on the driver. There are a number of other significant standards: for example, the maximum allowable size of pits.
According to GOST, the allowable size of subsidence, holes and breaks should not exceed 15 cm in length, 5 cm in depth. And the total area is not more than 60 cm2. If the pit is smaller – ask the road builders, sort of like, and there’s nothing to do.Estimate the amount of damage from the incident. If they are minimal (for example, for replacing a tire), it makes no sense to waste time and effort on knocking out compensation – it will cost more. But if the suspension or bodywork is seriously damaged, it’s worth fighting.
Estimate the amount of damage from the incident. If they are minimal (for example, for replacing a tire), it makes no sense to waste time and effort on knocking out compensation – it will cost more. But if the suspension or bodywork is seriously damaged, it’s worth fighting.
Despite all the “buts”, many motorists manage to achieve compensation for damage. To do this, it is important to behave correctly – both after the accident and when communicating with the traffic police officer.
1. Do your best in case of an accident
Do not leave the scene of the accident, do not move the car. Turn on the “emergency gang”, put up an emergency stop sign (at least 15 m from the vehicle in populated areas and 30 m outside populated areas).
If you have a comprehensive insurance policy, call the insurance company. They will tell you if you need to sue the road builders. Or the damage will be covered by insurance.
2. Gather Evidence
Call the traffic police. While you are waiting for the arrival of the inspector, without moving the car, take photos and videos of the damage and the road defect.
The photo should reflect the dimensions of the pit. Many drivers, without measuring instruments, put A4 sheets along the edges so that the dimensions of the pothole can be determined.
Also take pictures of the position of road signs or their absence.
The video must be filmed with reference to the area. If there are witnesses, take their contact information.
3. Prove your innocence right away
Tell in detail about what happened to the traffic police officer who arrived at the place about the incident, emphasizing that you did not violate traffic rules, you were moving at the permitted speed, taking into account the weather conditions and the nature of the road surface.
Explain when you noticed the pothole, or why you couldn’t notice it (it was flooded with water and looked like a puddle, it was powdered with snow, etc.). Perhaps it was impossible to safely bypass the pit – report this as well.
4. Make sure that the defect is correctly described in the accident diagram
The diagram should indicate all the main parameters of the defect of the roadway – length, width, depth. After all, it will be possible to receive compensation for damage if the road defect violates the requirements of GOST.
The scheme should reflect the position or absence of road signs and fences. The location of the vehicle after the accident, the nature of the braking distance, etc., must also be recorded.
If you do not agree with the accident scheme, be sure to write down your comments.
5. Carefully read the certificate of the accident
All visible damage to the vehicle should be listed there. If the machine was seriously damaged, the certificate should indicate that hidden damage is possible.
6. Draw up an act of photo and video shooting
Indicate how many pictures and videos you have taken and what you see in them.
7. Come to the analysis group
A request to inform you about when and where the debriefing group will take place is best recorded on the minutes. There you will find out who is responsible for a particular section of the road.
If in doubt, write a statement to the traffic police yourself with a request to bring the service responsible for the condition of the road section to administrative responsibility. This organization will appear before the court as the defendant.
8. Assess the damage
Contact an appraisal firm to determine the amount of damage. Then you can turn to the road builders with a pre-trial claim for voluntary compensation for damage. If they refuse, go to court.
By law, you must be compensated:
damage to the vehicle and objects in it (for example, a broken smartphone); costs for a tow truck and / or emergency parking, if any (keep receipts); legal costs.
Icicle broke through the hood – how to get compensation?
“Behind the wheel” can be read on VKontakte.
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