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Broke the suspension in the pit — that’s how I got compensation from public utilities!

A trip to the city often reminds in a road rally. And then have to Dodge obstacles, “carefully” prepared by public utilities. Avtoyurist Alexander test is not passed, drove into a deep puddle and smashed the suspension. But to repair the car at his own expense, he was not going to.Elena Starikova

Avtoyurist tells Alexander Bakanov:

— It was in March 2014 in Orenburg. Later that evening, I was heading for, sitting behind the wheel of the Lexus RX 350 my father. On the way was a pretty big puddle… we All know that in the spring and autumn period-in a puddle on our roads is like a lottery: will carry-will not carry. I had no luck. Under water hidden deep pit, he heard a dull sound from the impact… he out — punched the two right wheels, and a spare one… And it was not the only damage.

Because of the professional activities I knew that the law prescribes certain standards for the maintenance of roads (GOST R 50597-2017. — Approx. of the author). Based on these requirements, the size of the road pits should not exceed 15 cm in length, 60 cm in width and 5 cm in depth. If at least one of these conditions is not met, I have reason to appeal to the court in order to compensate for the damage caused in the accident.

How to register an accident with a pit?

First I had to register the fact of occurrence of a traffic accident.

I typed “112” and called the police. They arrived 30 minutes later.

It should be noted, none of the officers were not eager to climb into the pool with a tape measure and do measurements. I even tried to explain that the duties of the inspectors, such a procedure is not included. But I insisted: “Guys, it’s your job. I — practicing lawyer, and with me this will not work. You inspect the scene of an accident and, therefore, must record all circumstances. The sooner you do, the sooner we can go our own Affairs.”

As a result, the inspectors reluctantly, but still amounted to a certificate of the accident and the act of the revealed shortcomings in the maintenance of roads. According to the document, the size of the holes significantly exceeded the permissible standard sizes, namely: 1.2 m width; 1.1 m length and 15 cm depth. Now I had proof, and I began to prepare a petition to the city administration.

One machine, different amounts

The next step was to conduct an independent examination. Expert services (3000 rubles. — Approx. author) I paid for myself, however, planned that subsequently these costs will be compensated to me by the defendant. Experts have established that the cost of damage caused to the Lexus RX 350 in the accident, amounted to 353 700 rubles. Expert opinion I have attached to the claim with the requirement to recover funds from the Department of building and road economy of administration of Orenburg.

The first hearing was held in may 2014, the defendant claimed that my claims are over-inflated, and the damage to the vehicle do not correspond to the circumstances of the accident. Court was appointed complex examination in order to establish the circumstances of a traffic accident. The expert was asked the following questions:

  1. To establish a causal connection between the circumstances of the accident and declared my vehicle damage.
  2. To determine the cost of repair of the vehicle taking into account the circumstances of the accident.

The case was sent to the expert institution, which insisted that the administration. The results of the evaluation of the cost of repair was noticeably different from those that provided the court with me. According to experts, the cost of repair taking into account depreciation amounts to 90 thousand rubles.

I was convinced that the expert who conducted the examination, made some serious mistakes. Obviously, he was not familiar with the features of the car of this brand and didn’t know how to behave on-the-go air suspension. For example, in his calculations he took as a basis the vehicle’s ground clearance in a standing position. But there was one caveat: when the Lexus RX 350 is driven at a speed exceeding 60 km/h (and I have had exactly this speed), air suspension lowers the car body by about 2-4 cm, and hence in establishing the circumstances of the accident, an expert was taken into account an incorrect clearance of the car, and therefore damage to the vehicle will be of a much more extensive nature.

In fact, already only this fact could be the reason for the appointment of the new expert.

The shortest path

Despite this, I did not apply for re-appointment of judicial examination. Reasoned: in the case of a re-examination, the trial will be delayed for a couple of months, and if the plaintiff served on the appeal — you can wait a few more months. The fact that the court decision came into force, it needed another month … In the end, the money for repairs I see at best six months. For me at the moment is much easier to settle for an amount less than I originally planned, but 90 thousand rubles. does not suit me. After a long skirmish in the trial was taken the decision to reduce the claim (as the plaintiff I have this right by submitting an application) to a comfortable Respondent 135 thousand roubles, the representative of the administration agreed.

In the end the court granted my suit partially, obliging to recover from the Department of building and road economy of administration of Orenburg damages in the amount of 135 thousand roubles, and also court costs and the cost of independent examination, a total sum of 15 thousand RUB.

On appeal from the defendant’s speech could not be, as we would return to the question of the re-appointment of judicial examination.

Money to repair the court’s decision was transferred to my account a month after the filing of the writ.

In this case, I took the path of least resistance, so as not to prolong the already long trial. But if time allows, feel free to go to the end and tsujishita fully the amount that is owed to you for the poor quality of the road surface.

Broke the suspension in the pit — that’s how I got compensation from public utilities!

A trip to the city often reminds in a road rally. And then have to Dodge obstacles, “carefully” prepared by public utilities. Avtoyurist Alexander test is not passed, drove into a deep puddle and smashed the suspension. But to repair the car at his own expense, he was not going to.

Broke the suspension in the pit — that’s how I got compensation from public utilities!

Keep in mind:

  • Many are convinced that the fight with the utilities and the administration is pointless. This is a misconception. On the contrary, such cases are the lawyers think is very promising, since in this case the law is completely on the side of the victim — that is the car owner. To apply to the court for the open hatch, and after “meeting” with the hole in the road, and even because of a tree that fell on a car. There is always the opportunity to find the defendant — most importantly patience and persistence.
  • Call inspectors at the scene of an accident — perhaps the most important step in the fight against unfair city services. It is not necessary to hope that “the police themselves know the procedure of registration of such an accident.” Check that the inspectors photographed the scene, made the appropriate measurements with a tape measure, and reflected them in the act of the revealed shortcomings in the road maintenance or the inspection of the scene. Any document recorded by the police “centimeters” is your main argument in court.
  • In such cases there are a lot of subtleties, so it is better to seek the advice of an experienced lawyer. Together you will be able to develop a concrete position in court. Besides, he probably has contacts of experts who can properly evaluate the damage caused to the vehicle, and to make the results detailed report.

You do avtoyurist and ready to share with “the wheel” interesting cases from their own practice? Then please contact us: starikova@zr.ru we Will be glad to cooperation!

Broke the suspension in the pit — that’s how I got compensation from public utilities!

A trip to the city often reminds in a road rally. And then have to Dodge obstacles, “carefully” prepared by public utilities. Avtoyurist Alexander test is not passed, drove into a deep puddle and smashed the suspension. But to repair the car at his own expense, he was not going to.

Broke the suspension in the pit — that’s how I got compensation from public utilities!

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