What if got in a hole in the road

Step 1. Making an accident

In legal terms damage to the vehicle due to road irregularities is a traffic accident.

Article 1.2 Rules of the road: traffic accident - an event arose in the course of movement of the vehicle and the road with his participation, which killed or injured people, damaged craft, Facilities, goods or other material damage inflicted.

When on the road there is no warning signs, and you went by the rules, but ended up in the hole, then you are injured in a traffic accident.

It is necessary to stop, turn on the hazard warning lights, set the emergency sign and call the traffic police.

You can not be prevented from leaving the scene, but an accident with a pit can go a very long time. Therefore, do not report on the phone, which entered the pit. Say that an accident without victims. Formally, it is.

Contents of this accident evroprotokol impossible, as in the accident involved only one vehicle.

In theory, the policy CTP It should be extended to cases of damage to the vehicle due to a traffic accident due to a collision with a pit or open door. After all, each road has balansoderzhatelya and insurers have the right to regressive demands to the organizations responsible for the maintenance and repair of the road. Even if the accident happened inside a gated residential complex, regressive payments can produce a management company. In practice, insurers refuse to pay for MTPL due to an accident with a pit. The main reason - the difficulty in establishing a person who needs to be present regressive demands. CASCO in such cases, you are sure to get compensation.

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Expecting Traffic police:

1. Talk to witnesses. You are lucky if someone saw your car was damaged. Take their contacts and ask whether they will be able, if necessary, to give evidence in court.
2. Inspect the car and take pictures of the damage. You can use the recording to the DVR.

Arriving traffic police officers are required to measure the hole to make the event schema and protocol.

According to GOST 50597-93, pit - a drawdown pothole or longer than 15 cm, 60 cm wider and deeper than 5 cm.

Be sure to re-read the report and certificate of road accidents. They should be the exact parameters of the road potholes and exhaustive information about injuries. Copies of these documents, as well as the determination to initiate a case on an administrative offense, or to refuse to it you get your hands on.

If you fundamentally to the organization that maintains the section of the road, brought to administrative liability under article 12.34 of the Administrative Code, insist on the preparation of an act of identified deficiencies in the content roads.

Step 2. independent examination

Contact the company to assess the car after the accident. On their many markets. Choose a company with a good reputation and experienced experts.

Another option, which is more convenient and quality, - to work with appraisers, who advise a lawyer. A lawyer will go to court with the requirements under the claim on the basis of the conclusion of value prepared by an appraiser. I do not think there are masochists among colleagues who will defend the interests of the client based on mediocre to conclude that the damage assessment.

Alexander Gulko

Inform about the place and time of the examination of the future of the defendant. Writing better by registered letter with acknowledgment. Find out in whose jurisdiction is the way you can in the traffic police. As a rule, it is the administration of municipalities and their departments. Respondent can act Contractors, produced stowage of the roadway or road repairs.

The authorities can not agree on the assessment. It does not matter. The main thing you have been warned, and the expert described the defects, including hidden.

The money spent on the assessment of the damage, it will be possible to return to court. But it is recommended to go first Claims production.

Point to the body in charge of the road, a claim with the requirement to pay damages, a copy of the expert opinion and the documents from the Traffic Police. If within months no response or a refusal to come to contact the court.

Step 3. Legal recourse

The right to compensation for damages incurred due to poor roads, enshrined in Article 28 of the Law "On the roads and road activity" on November 8, 2007.

Jurisdiction: District Court at the location of the defendant (no harm).
national duty: Depends on the amount of the claim.
Documentation: Statement of claim, expert opinion, the information on the accident, an act of the identified deficiencies in the maintenance of roads (if any). As proof, you can use photo and video shooting, witnesses.

During the trial stay calm and confident. The defendant may blame the traffic police (do not hang a sign, not fine speeders on this street) or the Road (badly repaired). But the court will look mainly at the paper. It is important that in a traffic accident certificate was written, that you do not violate SDA. If the defendant insists on reducing the amount of damage, remind him that he was invited to the assessment.

98% of claims in such cases the court satisfied. 2% failure rate - is when a driver is bad for watching your car. For example, many times refurbished cast wheel drive '21 radius can crack even a small flaw of the road, and got into a hole, you can stay without a wheel.

Alexander Gulko

If the court decides in your favor, you will not only get money for repairs, but also compensation for litigation and legal expenses. Corresponding to the writ is issued within two weeks.

Where to complain of bad roads

Follow the road - the duty of the traffic police. If you skillfully toured the road bumps, but do not want to put up with them, write a written or online Traffic police complaint.

Complaining can be not only on the road, "pits", but also on poorly laid hatches and the tram rails. They must rise above the asphalt is not more than 2 cm. Period for the elimination of bumps in the road - 10 days.

There is also a service to automatically send complaints about poor roads:

• «RosYama». After a brief registration, click "Add a pit." Your complaint will be held expert validation and fall into traffic.
• «Map of dead roads». Also to register and treatment are moderated. Focus on large areas of damaged roads, and not a single pit. For information about the pit are activists of the "All-Russia Popular Front," and not the traffic police. But the inaction of the public men can not complain to the prosecutor's office.

If the traffic police and the local administration are inactive, please contact the prosecutor's office.