Spring is coming, so, with the snow from the roads begin to disappear, the asphalt. Pits and potholes can cost you tires and wheels, to turn into an expensive repair of steering system and suspensions. Can you compensate for the damages received and from whom to demand the penalty?
Landed in a pit accident?
First you need to understand whether it was an accident. Not to be unfounded will help PP. 1.2. claim 1 of the SDA. That is subject to an accident, we already wrote earlier. We from this definition are interested in the part that tells about the vehicle damage and the infliction of material damage (i.e. punctured tire, damaged disc, suspension, bodywork etc). And since we are talking about the accident, and the sequence of the subsequent actions must comply with the requirements of section 2.5, 2.6, 2.6.1 SDA RF.
Step # 1. To comply with the requirements of the SDA
First let’s remember what is required of us, if there are victims:
- to stop the car (not to move);
- to trigger the alarm;
- to put an emergency sign (in the village not less than 15 meters from the car, and outside the settlements — not less than 30 meters from the road);
- do not move things related to the accident;
- to assess the condition of all parties to the accident;
- to provide first aid to all the affected people without exception, and priorities;
- to call an ambulance and the police. Focus on the location;
- when it is impossible to send the injured to the passing transport, to take himself to the nearest medical organization, and then return back to the scene of an accident;
- if other drivers can’t drive, then release the roadway, the pre-fixing a photo or video of the vehicle’s position, traces and the subjects related to the accident, and to take all possible measures to their saving.
- record the names and addresses of witnesses;
- to wait for the traffic police at the accident scene.
If there were no injuries and only damaged the property then you need to take all of these steps, except for items 5-8.
Important: to arrange an accident according to the europrotocol does not work, because the incident involved one car. Can’t leave the car from the scene, because, to leave, to prove the fact that the wheel was damaged because of falling into a concrete pit, is daunting.
Step # 3. Start collecting information about the incident
While you wait employees of traffic police, it is important to carefully approach the issue of fixing all the damage to the machine and collect information on road accidents.
- If you had included a DVR, be sure to review entry on it, perhaps it will give a clear idea about the nature of the incident.
- Talk to the witnesses, perhaps someone witnessed the accident, recorded the incident. Write down the names and addresses of witnesses.
- Look around fences and/or warning signs.
- Take pictures from different angles, all damage received by the car.
- Take a picture of the hole and your car on the background areas so that the location of the pits, your car and where the accident occurred was clearly visible and there was no doubt that the accident happened with your car on a specific road interval and in a particular area.
- Be sure to measure the hole. This may help in a ruler, tape measure or any handy objects of constant size (e.g., credit card) that won’t wrinkle, won’t break, will not change shape, so that then you could provide them as evidence in court.
The pit it is important to measure because there is a GOST R 50597-93, approved in 1993. In paragraph 3.1.2 it States that “limit the size of the individual dips, potholes, etc. should not exceed on length of 15 sm, width — 60 sm and depth — 5 sm”. That’s why this data is so important.
Step # 4. To arrange an accident
Upon arrival, employees of traffic police it is necessary to issue an accident and make the report.
- You need to describe in detail all the circumstances of the incident. It is important to take into account the fact that initially you must comply with the terms of paragraph 10.1 of the traffic rules of the Russian Federation, that is to observe the speed limit, respond to markings and warning signs. If despite all the precautions taken, danger in the form of pits occurred to you all of a sudden, and to avoid an accident, there was no objective possibility, note that in the Protocol immediately. Specify separately that the County was not warning signs and fences, if this is true. We need this in order to exclude from your actions gross negligence. Because if any amount of compensation will be reduced (paragraph 2 of article 1083 of the civil code). But if you find intent, then no refund at all (section 1 of article 1083 of the civil code).
- The Protocol must be specified the existence of the pit and painted its size (they will be an important argument in court). The inspectors measure it out with you and if the hole does not correspond to GOST, are “the Act of the revealed shortcomings in the maintenance of roads, road constructions and technical means of road traffic organization”. This document is your argument for compensation under part 1 of article 12.34 of the administrative code.
- With great responsibility come to the description of the damage to your car. The Protocol should describe in detail all damage — both visible and hidden (indicate on their very possibility). If there are leaking fluids, you should note this fact.
- Also prepared the scheme of road accident, in which shall be indicated the parameters and the location of the holes relative to the edge of the carriageway or road position of the car after the accident and the skid marks, if any, and the like.
Step # 5. Identify the defendant
After registration of road accident is necessary to clarify details of the organization responsible for the content in the proper form of the part of the road where the accident happened. For help you can contact the inspector of traffic police, the traffic police Department or to the administration of the district in which the accident happened.
Step # 6. To arrange a pre-trial settlement
When all inputs will be specified, you need to contact the organization with the claim for voluntary compensation. But first it is important to establish the extent of damage, which will require independent examination. The examination should invite a representative of the organization of the Respondent, directed at its address by registered letter with notification. Need written down, was the representative for examination, has agreed with its results.
Then a registered letter to submit the claim to the address of the organization. Do not forget to attach all copies of available materials for the incident. If the complaint goes unnoticed or is not satisfied, then the next step is court.
Step # 7. To go to court
The court must prove that the vehicle is involved in an accident on the stretch of road, responsible for the defendant, and that the damage arose as a result of the poor content of the road network. If your evidence is sufficient to prove the guilt of the organization (defendant), you will receive the payment.
In order to avoid unpleasant situations and not to get a wheel in the pit, try to minimize the risks and obey traffic rules.
- Observe the speed limit (slow down, if you have noticed signs of repair on the road). Carefully drive through puddles.
- Increase the distance to the vehicle ahead, leaving room to maneuver. Particularly relevant this advice at night and in bad weather.
But if, even taking all precautions, the accident could not be avoided, follow a clear algorithm and try not to miss a single detail.
Good luck on the road!
Text: Anastasia Fedoseeva
Photo: depositphotos.comHit the hole and damaged the wheel — how to obtain compensation? The manual Scopal in the pit and damaged the wheel — how to obtain compensation? Manual ZR