Fell into a hole - got into an accident?
First you need to figure out whether there was an accident. PP will help you not to be unfounded. 1.2. clause 1 of the traffic rules. We have already written in detail about what falls under an accident. Of this definition, we are interested in the part that talks about damage to the vehicle
and causing
material damage
(namely, a broken wheel, damaged disk, suspension, body, etc.).
And since we are talking about an accident, then the sequence of actions must comply with the requirements of clauses 2.5, 2.6, 2.6.1 of the Russian Traffic Regulations.
What to do if you catch a hole on the road: instructions
How to win a lawsuit with traffic services? No motorist is immune from unexpected road obstacles. And even the newest vehicle models often suffer from potholes in the asphalt.
Wealthy people buy expensive cars and suffer from the negligence of the services responsible for the road surface. Losses in this case amount to tens of thousands.
To compensate for the damage caused to the maximum, you should rely on a certain algorithm of actions. It is quite possible to present it in the form of such actions.
Step 1. Fixing the place
In order to receive damage in the desired amount in the future, it is necessary to correctly document the scene of the road accident in the form of photographs and other materials. And here you should follow several rules.
So, you need to make a reference to the area. To do this, several photographs are taken depicting the surrounding houses. Please note that the address sign must be visible in the photographs.
As for the hole itself, it is best to place a tape measure near its edges. It will mark the boundaries of the road obstacle. If it is not at hand, it is useful to ask for help from other drivers (as a way out).
In addition, you need to photograph the defects that the car received. Photos from several angles are also desirable. They can then be easily included in the upcoming statement of claim.
Step 2. Witnesses
It is extremely useful to obtain eyewitnesses when reporting an accident. Their role is played by car passengers and drivers of passing vehicles. Under certain conditions, residents of nearby houses or employees of nearby offices can help.
Often eyewitnesses of an incident are found through advertisements in newspapers. When registering an accident, witnesses have the right to enter their own explanations into the protocol being drawn up.
Note! They should be immediately warned that they may be summoned to court for damages. And they will be required to confirm the circumstances essential to the case.
Step 3. Call the traffic police
To record an accident, the presence of traffic police is mandatory. In any case, its crew must wait in order to register an accident due to a pothole on the road.
By the time law enforcement officers arrive, it is advisable to take certain actions on your part. For example, conduct a survey of eyewitnesses and obtain contact information from them.
When the traffic police crew arrives at the scene, the driver must ensure that a diagram of the incident is correctly drawn up.
It clearly indicates:
- location of the event with reference to specific streets, house numbers;
- vehicle location;
- contours of the pit.
The diagram must also contain an indication that there were no fences or special signs indicating that road work was being carried out on a specific section of the roadway.
Step 4. Conducting an independent examination of damage to the car
To find out reliable figures for losses incurred, an opinion from reputable specialists who examine the vehicle is required. For this purpose, an independent examination of the damage to the car will be required.
Before starting it, it is advisable not to do any restoration work on the car. Thus, the amount of damage caused will be the most reliable for the court.
The costs of the expert's services are then additionally borne by the defendant in the claim. Therefore, you must remember to include the corresponding requirement in the application submitted to the court.
Step 5. Find out who is responsible for the road and submit a claim
After an accident, you should initially understand who is responsible for potholes on the roads. After all, this utility organization will then be the defendant in the claim of the injured motorist.
It is quite easy to find out information about the relevant legal entity from the protocol compiled by the traffic police. You can find additional coordinates of the road service on the Internet.
By the way, administrative liability is provided for improper fulfillment of obligations to maintain the road surface. Establishes the amount of the fine Art. 12.34 of the Code of Administrative Offenses of the Russian Federation, the sanction of which provides for a penalty on the organization in the amount of 200-300 thousand rubles.
However, the key point is different. A resolution to bring a road organization (company, firm) to administrative liability indicates the presence of signs of guilt in terms of the formation of potholes.
In order not to bring the case to court, the injured motorist has the right to submit a claim with copies of the collected materials. The desired review period can be indicated in its text.
Step 6. File a claim and participate in court
When evidence has been collected regarding the accident, the extent of the damage and the culprit of the resulting hole, it’s time to write a statement of claim.
The claim against the road service must contain a statement of the details of the incident, the amount of damage caused and its justification. Also, recovery of damages for a pothole on the road through the court requires the payment of a state fee.
It is calculated in relation to property claims according to the algorithm prescribed in paragraph 1 of Article 333.19 of the Tax Code based on the price of the claim.
Must be present at all upcoming court hearings. If the driver injured in an accident does not have the opportunity to do this personally, he has the right to issue a power of attorney to a lawyer, an attorney with a set of necessary powers.
Step 7. Get a decision and contact the bailiffs
A court verdict to recover damages from the road service is not enough. The corresponding decision must still enter into legal force. This occurs after the defendant's appeal (if one is filed).
The fact that the court document is valid is indicated by a separate mark on it. The decision must be accompanied by a writ of execution issued by the first instance.
It is attached to the application regarding the initiation of enforcement proceedings. Such an appeal is submitted to the FSSP department at the location of the utility company.
Conclusion
To avoid unpleasant situations and avoid getting your wheel into a hole, try to minimize risks and follow traffic regulations.
- Obey the speed limit (reduce your speed if you notice signs of repairs on the road). Be especially careful when driving through puddles.
- Increase the distance to the vehicle in front, leaving room for maneuver. This advice is especially relevant at night and in bad weather.
But if, even after taking all precautions, an accident could not be avoided, follow a clear algorithm and try not to miss a single detail.
Good luck on the roads!
Photo: depositphotos.com
I fell into a hole and damaged a wheel - how to get compensation? ZR instructions
Permissible size of potholes on roads
It is usually impossible to imagine a roadway being perfectly smooth over a long period of time. Nature and the weather take their toll, and road builders have not yet learned how to deal with this.
Therefore, in the Russian Federation there are standards regarding the maximum permissible size of destruction of the road surface.
Thus, from September 1, 2021, , called “Roads and Streets,” came into force True, it does not describe what is considered a pothole on the road. Instead, concepts such as pothole, break, and subsidence are used.
Clause 5.1 of the document in question contains a table determining the size of probable defects. If we talk about a hole (in the everyday sense of the word), then it should not exceed 15 cm in length and 5 cm in depth .
Expert commentary
Selivanov Alexander Andreevich
Lawyer, specialization civil law.
Ask a question
If the driver encounters such a problem, he must make the necessary measurements himself. And be sure to insist that the traffic police crew do this. In this case, all data must be entered into the protocol on the administrative offense.
What kind of damage does the insurance company pay for?
The amount of compensation for damage caused to a car as a result of an accident, as well as the likelihood of its provision, depend on the specifics of the insurance company’s activities. Below are the nuances of providing payments under OSAGO and CASCO.
Rice. 4 Payments by the insurance company
OSAGO
In fact, getting a car into a hole is not included in the list of insured events under compulsory motor liability insurance. This is due to the fact that only road traffic accidents involving two persons are equated to this category. However, if the damage was caused while the car was moving and it is recognized that the driver was not at fault, there is still a possibility of receiving payments. As practice confirms, compensation is often provided only after the victim goes to court.
CASCO
Tariffs provided by CASCO are divided into two types: partial and full. In accordance with the first option, the car owner has the right to independently choose the items that are necessary. In such a situation, the payment of compensation depends on whether the fact that the car fell into a hole is included in the list of insured events.
The full tariff provides favorable conditions. The owner of the vehicle has the right to demand compensation payments for any damage to the vehicle resulting from falling into a hole. To receive payments, the driver must contact the insurance company with an application and documents provided by the traffic police.
An important point is the following: regardless of which company insures the vehicle, compensation for damage caused is not provided if the accident occurred due to the driver’s fault.
Tires and wheels - assessing visual damage
Hitting large bumps first affects the condition of the car's wheels. You should not continue driving if you have driven into a deep crater on the road without slowing down. The best thing to do in such a situation is to stop, get out of the car and make sure that there are no visual unpleasant consequences of your road adventure. Externally, you can assess the condition of the rubber and metal wheels. Check for the following damage:
- the rubber is cut at the site of the impact, the wheel is flat and looks like it can no longer be restored, in this case you need to install a spare tire and go for a new pair of wheels;
- the rubber is visually intact, but a bump has come out on the side - this is a fairly common occurrence for tires with a weak sidewall and not the best production technology;
- the rubber is not visually damaged, but the wheel is flat and does not gain pressure when inflated - it’s worth going to a tire shop and trying to restore the wheel after damage;
- the disk is bent at the point of impact - continue driving on such a wheel with caution; if possible, it is better to replace it with a spare wheel and go to the nearest wheel installation service;
- the metal part of the disk is cracked - in this case, you should not continue driving on this wheel, otherwise troubles with the car may arise, which will lead to tragedy.
Bumps and cuts on wheels are a problem on Russian roads. Rubber manufacturers even began to make special series for Russian operating conditions. This is rubber with a reinforced sidewall, which has less comfort, but does not form bumps and other problems. Discs should also be chosen carefully. On bad roads it is better to ride on stamped wheels without design frills. And it’s better to completely forget about cheap Chinese light-alloy solutions.
Find out whether the event is insured
Damage to a vehicle resulting from falling into a hole falls under the category of insured events. However, in practice, compensation for damage caused is not always made, and depends on the type of insurance. If CASCO insurance has been issued, payments will always be made. It is almost impossible to achieve compensation under compulsory motor liability insurance, since in this case the accident is not included in the category of insured events.
Rice. 1 Find out whether the event is insured
It is important to note that in order to go to court or an insurance company, a number of conditions must be met:
- The hole, the presence of which on the road caused an accident, has parameters exceeding the standards adopted in accordance with GOST.
- An obstacle protrudes above the surface of the canvas, the height of which is more than 2 centimeters.
- Failure to clean the road surface for six hours after snowfall.
The probability of receiving a refusal to pay the insurance amount is high if the traffic accident was caused by the fault of the driver. As a rule, this happens if the roadway is equipped with signs indicating the presence of obstacles and the need to reduce the speed limit. To confirm the absence of guilt, the driver of the vehicle must provide evidence confirming driving within the permitted speed limit.
Important! When receiving a refusal and going to court to compensate for damage caused by an accident, the vehicle owner is recommended to take care of obtaining testimony that will help prove the absence of guilt.
