I fell into a hole, my tire was punctured, what should I do?

Punched a tire in a hole on the road

With the arrival of spring, the situation on the highways repeats itself from year to year. The roads, which until recently were in good condition, with the snow cover gone, are covered with holes and potholes. Melting snow increases the likelihood of potholes forming on the road.

What should a driver do if his vehicle was damaged in the form of a broken wheel as a result of falling into a hole? Let's look at some problematic issues.

A broken tire is one of the most common car damages caused by an unfortunate accident in a pothole or hole. Wheel disc failure is no less common and ranks second among car defects. Problems with the body and suspension bother car owners less often.

What to do if a tire is punctured due to a hole

Is a car falling into a pothole an accident?

Initially, it is necessary to determine the legal side of the concept of “falling into a hole.”

According to clause 1.2 of the Traffic Rules, a traffic accident is an event that occurs during the movement of a car on the road or with its participation, resulting in death or injury to people, damage to vehicles, buildings, cargo, or provoked the infliction of other types of material damage.

Considering that the car was moving along the road before falling into a hole, and after that it suffered and received mechanical damage, then falling into a hole is considered an accident (RTA).

In order to record the damage received, it is necessary to call representatives of the traffic police, and not the local police officer, as when snow falls.

In most cases, when a car owner crashes into a hole and punctures a tire or damages a disc, he repairs the damage with a jack or spare wheel, not even knowing that the organization responsible for repairing this track can be made to pay for the damage received.

In certain cases, the car owner can count on payment of compensation for damage caused.

The current GOST stipulates that the dimensions of the pit should be: no more than fifteen centimeters in length, sixty in width and five in depth. Exceeding the established dimensions, lack of fences or installed signs is grounds for payment of compensation to the victim.

If an unfortunate hit by such a hole ends disastrously for the wheels or suspension of your vehicle, then you should proceed as follows:

It is necessary to mark the car on the roadway: to do this, turn on the headlights to the emergency lights and put up a forced stop sign. Next, you should wear a reflective vest (a good driver always has such a vest in the trunk along with a fire extinguisher and an emergency stop sign);
Call the traffic police representatives to the scene of the accident;
The traffic police representatives who arrived at the scene of the accident are required to draw up an inspection report of the road surface and provide the victim with a certificate of the accident. In this certificate, government officials indicate information about identified road defects;
If you have a video recorder, you must save a recording of the moment you hit the hole. In addition, you can additionally photograph potholes and defects that remain after falling into the pit. In the event of a trial, these photographs will serve as evidence that the damage to the car was caused due to defects in the road surface;
After this, it is necessary to obtain copies of documents from the traffic police to present to the road organization and receive further compensation for the cost of repairs. The details of the organization that is responsible for each section of the roadway are located in the traffic control service of the State Traffic Safety Inspectorate. In addition, if desired, a statement can be made to the prosecutor’s office. This statement states demands to bring the organization responsible for roads to administrative responsibility for failure to comply with the provisions of Article 12.34 of the Code of Administrative Offenses of the Russian Federation, namely, failure to comply with the requirements provided for ensuring safe traffic on the roads during the repair and maintenance of these roads, railway crossings or other structures on roads. Penalties provided for violation of the requirements established by this article range from 2 to 3 thousand rubles for officials, and 300 thousand for legal entities;

After completing the previous stages, the car owner needs to contact an expert organization to assess the damage caused to the vehicle. Before carrying out the assessment, it is necessary to notify the road organization about the place and time of the expert procedures. If the guilty party ignores the specified event, this fact does not affect anything. The main thing is to obtain the results of the examination;
The final stage involves collecting all documents and sending a letter to the road organization with an offer to voluntarily compensate for the damage caused. If after a month the road organization has not provided an answer and denies responsibility for the accident, the injured party has the right to go to court.

It is possible to recover from the defendant not only material compensation, but also compensation for moral damage caused to health, and compensation for costs associated with the inability to use his car (for example, renting other vehicles, using a taxi service).

What to do if you are accused of an accident that you did not commit?

What to agree to under compulsory motor liability insurance: money or repairs, read here.

Preparation of documents if you get into a pothole on the road

In order to receive money from the road company for restoring the vehicle, you should be careful about the procedure for registering an accident. A positive court decision is only possible if full evidence of the circumstances of the accident has been collected.

If you fall into a pothole, it is impossible to independently register a traffic accident, since there is only one car involved in the accident. The first thing you need to do is call the traffic police.

Before the patrol arrives, you can independently collect evidence of the accident:

If there are witnesses, it is important to have time to record their testimony. As a rule, people quickly leave the scene of an accident, therefore, if they hesitate, it will be impossible to find them;
It is advisable to take photographs of the accident scene. These photographs must clearly show:

The address where the accident occurred (you need to take a photo of the car against a background where you can see a sign with the name of the street and house);
State registration plate of the car;
Noticeable damage to the machine;
The culprit of the accident is a hole or pothole;
Lack of safety signs that would warn of an accident.

After you have photographed the necessary details of the accident, you should wait for the patrol to arrive to complete the documentation.

When a traffic police representative registers an accident, you must ensure that he records the hole and its dimensions on the diagram. It is also important to establish the absence of signs and fences.

It is important to take into account that the standards of GOST 50597-93, which indicate the parameters regarding the condition of roads and streets that are acceptable to ensure safe road traffic, clearly regulate the requirements for the size of holes on the roadway:

3.1. Road surface covering.

3.1.2. The size limits for individual subsidence, potholes, etc. cannot be more than fifteen centimeters in length, sixty centimeters in width and five centimeters in depth.

When a car is damaged in a hole that does not correspond to these dimensions, the chances of a positive result in court against the road organization increase.

Who to sue if you break a tire on the road

Initially, it is necessary to establish an organization that services the section of the road that caused the accident. This information is available to representatives of the traffic police who carry out the registration of the accident.

The traffic police representative issues a protocol to the road organization, referring to Article 12.34 of the Code of Administrative Offenses, and the judge applies a fine determined by law.

Article 12.34 of the Code of Administrative Offenses provides for sanctions for failure to comply with the requirements established for road safety during construction, repair and maintenance of the roadway, as well as crossings on railways or other structures.

Sanctions are also imposed for failure to take measures to timely eliminate obstacles to traffic on the roads, for failure to temporarily restrict or stop traffic on certain sections of roads when their use threatens road safety.

These actions involve the application of administrative fines to officials responsible for the condition of the road surface, crossings or other structures on the roads, in the amount of 20 thousand to 30 thousand rubles; and to legal entities - in the amount of two hundred thousand to three hundred thousand rubles.

However, the driver should find out the details of the institution responsible for the condition of the roadway, and not the very fact of applying penalties.

How to avoid falling into a pothole on the road

Turning to practice, one can observe cases of holding road organizations accountable and collecting compensation from them for vehicle repairs.

But it is still better to adhere to safety measures:

In spring, it is important to be careful on the road when driving. During this period of the year, after the snow melts, many holes open up;
If the road is slippery, you should reduce the speed to the minimum level. Potholes can form within a day, and if the car is racing at a significant speed, then not only the tire, but also the wheel will suffer. Driving at low speed reduces the chance of injury.

You shouldn't try to go around the hole right before it. Trying at the last moment to avoid falling into a hole, you risk driving your wheel into the hole. This significantly increases the amount of damage caused and leads to tire failure. It will be better for the driver to cross the hole without turning the wheel than to get the wheel stuck in the hole.

If you follow these rules, you can protect your car from damage. But in cases where the vehicle ends up in a hole and is damaged, it is necessary to call representatives of the traffic police and go to court.

What to do if you hit a pothole on the road and damage your car?

Traveling along the country's roads is more reminiscent of an extreme adventure than an attempt to get from point A to point B. Having driven 10-20 km along the “leaky” surface, the driver remembers all the bad words he knew and even comes up with new ones. At the same time, road services are not very keen to correct the situation, sometimes ignoring huge holes in the middle of the roadway.

Caution on the road is mandatory, but a person is not a robot. If you get distracted for one second, the car is already in a hole. The outcome is not difficult to predict - a bent or broken rim, broken suspension, damaged tires on the wheel, a deformed axle shaft or other troubles. What to do in such an unpleasant situation? Is there really no chance to compensate for the damage received? - Of course I have. The main thing is to defend yourself. If you fall into a hole, contact your insurers or go to court. The reimbursement procedure is complex and confusing, but without doing anything, you won’t get any money.

What road damage is acceptable?

For public roads, there are regulations regarding permissible potholes and damage. Even a special GOST has been developed, which indicates the main points (number - 50597-93). This document provides information regarding permissible pits:

the length of the recess in the road is 15 cm;
pit width - up to 60 cm;
depth - up to 5 cm.

If the hole on the road is larger, then it must be removed within 5-10 days. Here, road services focus on the road load, its importance, and so on. Don't forget about icy conditions. Its elimination also has a time limit - 4-6 hours.

GOST also mentions requirements for railway rails or tram tracks. The excess of metal structures above the road is allowed up to two centimeters. Otherwise, road services are required to fix the problem within two days.

Special attention is paid to sewer pit covers. Replacement of damaged hatches (ideally) is carried out in three hours, and irregular lifting is carried out in one day. Motorists often notice that when the snow melts, sewer pit covers disappear from the roads. As practice shows, in 90% of cases this is not theft, but a deliberate step by utility services. The hatches are removed to speed up the removal of melt water from the road.

Knowledge of the GOST mentioned above is extremely useful in protecting your own rights. Contact your insurance company or court if you:

fell into a hole larger than the parameter specified in GOST;
we came across a rail sticking out more than two centimeters above the road surface;
were unable to travel six hours after the snowfall.

Accident and insurance

To understand the insurance company's obligations to clients, it is worth remembering the definition of an accident. In fact. This is an incident in which a vehicle was damaged, people, cargo or structures were injured, material or other damage was caused. Therefore, if you fall into a hole, then such a case is covered by insurance. In this case, CASCO must cover damage .

The procedure for registering an accident is standard - calling an inspector and an insurer, filing an application and receiving payments. Next, the insurance company itself turns to the culprits to compensate for the damage (the victim is no longer interested in this point). The role of the culprit, as a rule, is the organization responsible for a specific site. If the case is structured correctly, the result will be a “peace settlement” when the parties are satisfied. But there may be situations where the problem can only be resolved through the courts.

What to do if you fall into a hole?

Now let's look at a step-by-step algorithm of actions in case of car damage due to an open hatch, hole or other problem described earlier in the article.

1. Get eyewitnesses

If no people were injured as a result of the accident, collect evidence of the guilt of the utility services. Eyewitnesses will be needed here. “Spectators” will be able to fully paint a picture of the events, confirm information about the speed of movement, the rules followed and the actions of the driver. Look around - you will need help from people at kiosks, pedestrians, other drivers, and so on. If no one saw the situation with falling into a hole, then it is worth finding people who will confirm the consequences of the accident. The testimony of a witness about the damage to the car will be enough for the court.

2. Record the scene of the accident

Call your friends or relatives and ask them to take a video or photo camera with them and immediately rush to the scene. The more detail the situation is recorded, the better. As a last resort, it is allowed to record the event on a mobile phone or camera. Practice shows that clear photos greatly increase the chances of winning in disputes with road companies. At the same time, do not limit yourself to one photo - photograph the damage from different angles and distances. This is done to “tie” the car to a specific area and prove that the accident occurred where you say.

A mid-distance photo is a chance to provide information about the length of the braking distance, the level of danger, the presence of nearby signs and other objects. Close-up photography provides information about the general condition of the road and the level of damage. Be sure to post warning triangles before taking photos.

Please note! The terrible condition of the road does not guarantee compensation for damage. You will be accused of improper driving, speeding, inattention, late braking, and so on. As a result, attempts are made to reduce the situation to the fact that no one owes you. Evidence in hand is a chance to confirm that the necessary actions to avoid an accident have been completed and the consequences are obvious.

What do the traffic rules say in this regard? The rules stipulate that the driver must drive the car taking into account current speed limits, traffic flow, the presence of oversized cargo and weather conditions. The selected speed limit should be such as to ensure an adequate assessment of the condition of the road surface and apply the brakes in time. If danger arises, the driver is obliged to reduce speed and go around the obstacle.

If you get into a pothole on the road in violation of the rules, then this “clue” is used in court. The main thing is to prove that the damage to the road is invisible and cannot be detected in advance. Like, you applied the brakes immediately after detection, but were unable to prevent the accident. Videos and photographs become proof of words.

A plus for the victim when the wheel “caught” a hole after the rain. In such a situation, the holes are covered with water, and it is difficult to detect damage even when moving at a minimum speed. In such weather, the maximum number of accidents of this kind occur. In practice, there is a known case when the hatch opened slightly and became perpendicular to the pit. The driver missed the hole between the wheels without noticing the cover. The result is damage to the vehicle and the driver.

What can we say at night, when visibility is even less. If cars move in single file behind each other, then it is more difficult to notice an obstacle - it appears before your eyes at the last moment. And if a vehicle with high ground clearance misses a “defect” between the wheels, then a passenger vehicle is unlikely to cope with it.

3. Call the traffic police

Register the incident with the state traffic inspectorate. At the same time, do not delay the call - dial the inspector’s number immediately after discovering a problem. There is enough time until the traffic police officers get ready to leave and arrive at the scene of events. There are cases when inspectors refuse to go to such events and offer to draw a diagram of the events themselves. In such a situation, it is worth writing down the position and name of the inspector who refused to come to the scene. In this case, you have the right to complain to the appropriate authorities, from the local police department to the prosecutor's office.

Remember that it is prohibited to leave the scene of the accident until a diagram of the accident is drawn up. In this case, the diagram should be signed by witnesses (eyewitnesses, witnesses). If the inspector arrives, the latter forces you to write a phrase, saying that you were inattentively monitoring the traffic situation, driving in violation of the speed limit, and so on. Be persistent and do not give in to such persuasion. Compose your explanation in such a way that it is clear that the hole or other damage occurred suddenly and the accident could not be avoided.

There are situations when a traffic police officer personally writes in a certificate that the driver violated traffic rules and was driving at an unacceptable speed. In such a situation, write a complaint addressed to the head of the traffic police. In the paper, indicate that the accusations are unfounded, and provide the collected evidence to support the words.

4. Contact the road service

Proceed to claim damages. Start by identifying the culprit - the road service. To do this, dial the local traffic police number and ask for information about the organization that is responsible for the road section. If the culprit cannot be identified, then the city or district administration may act as a defendant. In practice, there are situations where up to 7-10 companies were defendants.

5. Assess the damage received

If you fall into a pothole on the road with subsequent damage to the body or other components of the car, then you cannot do without assessing the damage. Choose an independent appraiser (there are plenty of such organizations) and invite interested parties to the scene. To notify the latter, telegrams are sent with subsequent notification. A good option is personal delivery of the paper with confirmation of delivery. Actually, whatever the notification method, confirmation is required.

If the problem is damaged tires or deformed disks, then it is not necessary to involve an appraiser - recording the damage in the traffic police certificate is enough. But here, the more clearly compliance with the requirements of the law, the higher the chances of proving the guilt of the road services.

Make sure that the “guests” of the assessment procedure sign the document and confirm the expert’s conclusion. If members of the “commission” have comments, they are announced and reflected in documents.

6. Pre-trial settlement

Pre-trial settlement is a procedure that is carried out after the damage has been assessed. If desired, it is possible to file a claim in court without attempting to resolve the issue earlier. The first option is relevant if the damage from an accident is minimal. In such a situation, it is easier for the defendant to resolve the problem amicably than to drag the matter out to litigation. At this stage, you can complete the process of solving the problem and move on to the issue of transporting the damaged car: replace the wheel if the vehicle is slightly damaged or call a tow truck if the internal components of the car are damaged. If the defendant refuses to pay the bills, legal proceedings are inevitable.

7. If necessary, file a claim in court

The claim is filed in court at the place of residence of the culprit. If there is a group of respondents, then you are allowed to choose any of the options. Before filing a claim, it is worth checking the amount of the state duty (it often differs).

Pay attention to the correctness of the statement of claim. It should be prepared correctly, taking into account references to current laws and regulations. If you lack knowledge and experience, you should contact professional lawyers. The latter help at all stages of the proceedings and increase the chances of success.

Now you know what to do if you fall into a hole. Don’t be afraid to prove your rights, follow the given algorithm, be attentive to details and fight. If the procedures are organized correctly, the perpetrators will not be able to avoid retribution.

Is it possible to get money from road workers for a broken wheel in a hole?

What awaits us in the spring? Again a pit on a pit. I am ashamed of my hometown of Nizhny Novgorod - we have no roads by definition, and it doesn’t matter whether it’s the city center or the outskirts, sometimes it’s even worse in the center. I can only say one thing: this never happened before, but now in recent years, with the advent of a new regional government, the city has simply been abandoned. So you have to drive through these potholes slowly, like a teapot. And our taxes are among the highest in the country.

I think that the condition of roads in Russia as a whole is not too different from Nizhny, somewhere, of course, better, but somewhere, perhaps, worse, with the possible exception of Moscow and St. Petersburg. It’s not for nothing that according to statistics, as many as 20% of road accidents occur precisely because of bad roads. For comparison: accidents caused by drunk drivers account for 7%. Did you feel the difference?

What to do if your car is damaged in a pit?

Let's say you hit a pothole and your car was damaged as a result. How to behave in such a situation and from whom to demand compensation for repairs?

First, immediately find witnesses (two will be enough), write down their full name, telephone number, preferably passport details and, if possible, brief explanations. If there were passengers in the car with you, then there are already witnesses. For those who suddenly don’t know: relatives can also be witnesses.

Second, call the traffic police.

Third, before the inspectors arrive, put up a warning triangle and don’t touch anything, don’t move the car. And be sure to take a photo of the hole, a section of the road, or a damaged car. Take a video too. Do you have a DVR? Okay, use it.

Upon arrival of the traffic police officers, attach the video recording to the case. Only here is a photo, a flash drive, you don’t need to give it directly to the inspectors. Just make an entry in the protocol that you are ready to attach photos and videos to the case materials at the traffic police department on the appointed day of analysis.

The essence of photo and video recording is that after the traffic police informs the services responsible for a given section of the road about the accident, the latter can have time to patch up the hole before the trial, as if nothing had happened (this happens all the time). That’s why you should have photo or video evidence of the existence of the hole, preferably indicating the date and time of shooting.

If you have CASCO, call the insurance company and call their representative. Perhaps it will help you plan further actions and understand whether you need to fight further or whether insurers will compensate for the damage.

When drawing up the protocol, check whether the size of the hole and the absence of road signs and fences are indicated in the diagram. If not, then demand that this data be included in the document, as well as the presence of witnesses when drawing up the protocol. You insist that you be given a copy of the protocol immediately. Also include in the minutes a request to notify you when and where the debriefing group will take place. This is a special event conducted by a traffic police inspector with the aim of clarifying all the circumstances of an accident for the subsequent decision-making on establishing the guilt of a person (road accident analysis). Anyone can attend, and the participant, especially the victim, is strongly encouraged to attend.

Next, draw up an act of video filming and photography. This paper is drawn up in simple written form by the injured party, that is, you. In the act of photographing, the driver indicates how many photographs he took and what exactly is shown in each individual photograph. Same with video. There is no need to describe everything in detail in the act, everything is brief, just the facts on one sheet. Write down all the witness information on the document, and sign and date it at the end. And only then can you safely leave.

Then control the entire situation, including your personal presence at the debriefing group, where you will bring your photos and videos. Traffic police officers should inform you about whose jurisdiction the area where this pit was formed is located. This company will appear in court as a defendant.

If the inspectors do not extradite the culprit, contact the prosecutor's office, which will request all the information and will independently send the case to court. The main thing is to compose your appeal correctly and indicate your request from the prosecutor’s office to initiate legal proceedings. A sample application is below.

If you did not have to contact the prosecutor’s office, and the information about the future defendant is known, contact an appraisal company to determine the amount of damage and send the culprit a written request for voluntary compensation for damage. If after a month you have not received an answer or you have been given a written refusal, then your only option is to go to court.

We draw up a statement of claim, attach all available materials to it and submit it to the district court at the location of the defendant. If your health was damaged as a result of hitting a pothole, you can file a claim with the district court at your place of residence.

And you don’t have to be afraid of wasting time and money on assessments, legal costs and a lawyer. As a rule, courts do not deny motorists compensation for all expenses incurred. Just remember to save all payment documents.

About the legal basis for the complaint

“Should road workers even have to pay for the damage caused by potholes?” - you ask. They should, of course. Federal Law No. 257-FZ of November 8, 2007 “On highways and road activities in the Russian Federation” provides for the responsibility of road services for accidents caused by poor-quality road repairs.

Article 28 clearly and unambiguously states: “Users of highways have the right to receive compensation for damage caused to their life, health or property in the case of construction, reconstruction, major repairs, repair and maintenance of highways, due to violations of technical regulations by persons carrying out construction, reconstruction, overhaul, repair and maintenance of highways.” If you are going to court on your own, please indicate this paragraph in your application.

About the benefits of taking initiative

Well, now I turn to those drivers who scold our government, who claim that no one needs anything from us, who only shout in the kitchen that everything is useless. Meanwhile, every day they themselves drive through the same hole in the yard of their home or work and do not even try to patch this hole. And here I would like to remember Arkady Raikin in his film “We Met Somewhere,” where his hero at a concert portrayed a janitor who grumbled about the garbage on the street, but never cleaned it up.

I'll give you my example. Near my last job, in the center of the city near the Drama Theater there was a terrible road all full of potholes and potholes, and so on for about 30 meters. I was tired of it, and I wrote a complaint to the prosecutor’s office with a photo of these potholes attached. During the same month, all the holes were filled with some kind of black sand - I was happy and thought: “At least this way.”

But alas, there was a good rainfall and after a couple of weeks, as if nothing had happened, the same holes formed again. I got angry and again wrote a threatening complaint to the prosecutor’s office demanding not to fill the holes with something unknown, but to pave them over. A month later, a completely new road was made - all 30 meters.

Sample complaint to the prosecutor's office about bad roads

I am writing to you with a complaint about the inaction of the Department of Improvement and Road Maintenance of the city of N. Novgorod, expressed in the following:

So, between the 5-story residential buildings No. 9 and No. 13 on Prygunov Street (from the side of the bread store in house No. 13), the courtyard road is full of potholes and holes. There is also a large hole between the 1st and 2nd entrances of building 13, at the turn to house No. 22 A on Avtomekhanicheskaya Street. Between house No. 13 and the 9-story building No. 15 on the same Prygunova Street, asphalt was cut across the road along its entire width.

According to clause 3.1.2 of GOST 50597-93 in force in Russia:

The maximum permissible sizes of holes, potholes, subsidence, etc. on the roads. are 15 cm in length, 60 cm in width, and 5 cm in depth.

If the road surface does not meet at least one of the standards, then road signs must be posted, and at night or in conditions of poor visibility - a barrier with warning lights.

The time frame for eliminating potholes and cracks ranges from 5 to 10 days, depending on their classification.

In accordance with Russian legislation, the Committee for Improvement and Road Maintenance bears full responsibility for the condition and damage to the roadway.

Potholes on the specified road surface do not comply with all GOST standards. However, the responsible person did not put up road signs and did not install a barrier with warning lights at night. And all possible deadlines for eliminating the potholes have been violated to this day.

Thus, based on the above, in order to eliminate violations of the law and bring the perpetrators to justice, I ask you to conduct a prosecutorial inspection, based on the results of which to take prosecutorial response measures, namely, to issue a proposal to the responsible party to eliminate the violations within a reasonable time frame established by you. I also ask you to consider initiating a case of an administrative offense and imposing an administrative fine on the person responsible for this section of the road. At the same time, I ask you to prepare and send to the court a statement of claim to declare the inaction of the perpetrator illegal.

On the results of consideration of the appeal and on the specific measures taken, as well as on the results of taking these measures and their implementation, I ask you to send me a written response within the 30-day period established by law to the address...

Where can I complain if I hit a pothole on the road and puncture a tire?

Drivers often have to deal with potholes on the road. In this case, many cases end in causing damage to the car. What to do in this case? Where can I complain if I hit a pothole on the road and puncture a tire?

When is road damage considered acceptable?

The state has developed a special GOST, which determines whether road damage is normal or whether repair work is already required. Pits that have the following parameters are considered acceptable:

Length no more than 15 cm.
Width less than 60 cm.
Depth no more than 5 cm.

If a depression forms on the road with parameters that do not comply with GOST, then road services are obliged to eliminate it within 10 days. The exact period depends on the congestion of a particular road, its importance and other parameters. They are also required to remove ice from the roadway within 4-6 hours.

Special attention should be paid to sewer pits. Often the covers fly off and drivers fall into them with their wheels, which causes significant damage. Hatches must be monitored especially carefully. Violations must be corrected within 3 hours, maximum during the day.

It is important for all drivers to know these provisions of the law in order to be able to defend their case when conflict situations arise.

When and where to complain?

You can complain about the work of road services if the driver gets into a hole that is considered unacceptable in size. Before you file a complaint or write a claim, there are some steps you should take. It is worth considering the procedure in more detail.

Search for witnesses

If the road is busy, then finding witnesses will not be difficult. It is necessary to collect as much evidence as possible confirming that the condition of the road does not meet the requirements of GOST. It is important to find eyewitnesses to the incident who saw how everything happened, how fast the driver was moving, and whether he followed the traffic rules.

Also, witnesses must confirm that the damage to the car occurred precisely because it fell into a depression in the road surface.

Recording the scene of the incident

It is important to record the scene of the accident using a camera. You can take both photographs and video recordings. You can remove it using any device. Usually there is always a phone at hand. But it’s better if there is a separate camera that shows the shooting date in the photo.

It is recommended to take as many photographs as possible, documenting any damage that occurs. At the same time, try to capture the surrounding area to prove where exactly the incident occurred.

You need to take a photo at a medium distance. This will allow you to capture information about the length of the braking distance and the presence of signs in the vicinity. Also take a photo close up so that the condition of the road surface is as clear as possible.

When taking photographs, be sure to install warning triangles!

Calling the traffic police

After recording the incident, you should call the traffic police. Sometimes drivers are faced with the fact that inspection workers refuse to go to the scene of an accident and offer to record everything themselves. In this case, you should write down the name and position of the inspector and file a complaint against him with higher authorities.

Before the arrival of the traffic police officers, you are required to remain on site; you cannot leave anywhere. It is important to monitor the actions of employees and provide them with the collected testimony of witnesses. It is especially necessary to ensure that the protocol is drawn up so that it contains reliable information.

Damage assessment

Before demanding compensation for damage due to a pothole on the road, you need to assess the extent of the damage caused. To do this, you should contact an appraiser. You can choose anyone at your discretion; there are many such organizations. It makes sense to contact an expert if the damage is severe.

If the problem is only damaged tires or deformed discs, then you can independently assess the extent of the damage and the cost of repairs.

When contacting an appraisal company, an agreement is concluded, after which the expert’s services are paid. Then a direct assessment of the damage to the car is carried out, on the basis of which a conclusion is made. It must contain the signature of the appraiser.

Contacting the traffic service

Knowing the cost of the upcoming repairs, you can safely go to the culprit of the accident - the road service. First of all, you should try to resolve the issue without involving a judicial authority. It is required to send a claim to the road workers with a request to compensate for the damage voluntarily.

Filing a claim in court

If the road service does not admit its guilt and refuses to compensate for the damage caused due to their dishonest attitude to the performance of their duties. The court needs to present all the collected evidence; you can also attract a lawyer who will competently defend the rights of his client.

If the court rules in favor of the injured person, the culprit will have to compensate the damage in full.

What to consider?

When recording the scene of the accident and proving your case in court, you must take into account that the poor condition of the road does not yet guarantee that the driver will be compensated for damages. Here it is very important to prove that the driver took all necessary actions to prevent an accident.

If there is not enough evidence, the road service may accuse the car owner of not following the required driving conditions, speeding, being inattentive while driving, braking too late, and so on. As a result, no one will pay anything.

After all, traffic rules state that if the road surface is in poor condition, certain speed limits must be observed. While driving, the driver must assess the road as much as possible. If there is a hole ahead, the motorist must slow down in a timely manner and go around the obstacle.

If the driver was not careful and even violated traffic rules, then in court this will not work in favor of the victim. Then there is no need to expect compensation for damages.

It is important for the driver to prove that he took all measures to prevent an accident, but this did not help. Or prove that the depression could not be noticed due to weather conditions or due to movement in the dark. For example, it was raining and the hole was flooded, making it invisible.

How to avoid falling into a hole?

It’s better to prevent getting into a pothole on the road than to waste time and nerves later proving that you’re right. In addition, it is not always possible to obtain compensation for the damage caused. Therefore, the following recommendations should be observed:

Drive carefully, assessing the condition of the road. This will allow you to promptly identify the depression and go around it.
In rainy weather, you need to move at low speed, as the holes fill with water and become difficult to notice.
You should not try to go around the hole at the last moment. Otherwise, damage cannot be avoided.
Keep a greater distance between cars, especially in bad weather conditions.

Such simple rules will help prevent a traffic accident. If the accident could not be avoided, then you need to record everything and demand compensation for damage.

We fell into a hole on the road. Will insurance cover the damage?

Who will pay for a broken car if you yourself hit a pothole on the road? Will insurance cover the damage caused (CASCO, OSAGO) or will I have to choose the path of litigation?

A broken tire in a hole is the smallest damage that can happen to a car on a broken road. In a deeper hole you can bend the body. Who is to blame in this case? What to do and who to complain to?

The bad news for drivers is that this situation does not fall under compulsory motor liability insurance, because... Compulsory motor liability insurance applies in the event of a collision between 2 or more vehicles.

As for CASCO, the situation here is very difficult. It is necessary to read the contract very carefully; usually this clause is stated in the contract or in the insurance rules. By default, the insurance company will refuse insurance payment.

The good news is that you can sue the highway department for pothole damage.

Not everything is so simple in this matter. Even if according to the “papers” the road services are to blame, the case in court may drag on for more than one month.

It is not a fact that you will win the trial. After all, road services can refer to traffic regulations, which state: “in order to avoid an accident, if a danger to traffic arises, the driver must take possible measures to reduce the speed until the vehicle stops.”

But the driver didn’t do this, so it’s his own fault.

But it can be proven that the driver might not have seen the hole if it was not fenced off and not marked.

But even in this case, if you win in court, you can wait years for compensation.

Of course, a reasonable question arises: why do car owners pay taxes every year, but the roads never get better? It looks like it's impossible to find the answer!

But remember that you can’t file a claim against road services for every pothole.

Every driver must know the permissible dimensions of the holes: