At first glance, everything is simple: roadside assistance is responsible for the condition of the roadway and the timely removal of potholes, subsidence, snow and ice.
There is also a special GOST R 50597–2017 “Motorways and streets. Requirements for the operating condition, permissible in the context of guaranteeing road safety. He not only determines the condition of the roadway, but also determines the period within which the defects must be remedied.
So, closing a big hole on the highway is necessary in a day, on a country road – in a week. If the defects of the fabric are not remedied in time, road builders can be engaged on the basis of art. 12.34 of the Code of Administrative Offenses of the Russian Federation “Non-compliance with the requirements for ensuring road safety during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road construction.”
The devil is in the details
At the same time, according to Article 10.1 of the SDA, the driver must take into account visibility, weather and road conditions while driving. And since this paragraph of the Regulations can be interpreted very broadly, it is not always possible to recover damage from road builders.
Often both parties are found guilty: for example, the debt of the roadside assistance can be 30%, and the driver – 70%. The amount of damage that the owner of the affected car can recover from the court will also be reduced in the same proportion.
The presence of warning signs can also influence the court’s decision. For example, if sign 1.16 “Rough Road” is up, part of the blame is almost at least placed on the driver. There are a number of other important standards: for example, the maximum allowable size of pits.
According to GOST, the permissible size of sagging, holes and fractures should not exceed 15 cm in length, 5 cm in depth. And the total area is not more than 60 cm2. If the pothole is smaller, ask the road builders, something like that, and there’s nothing to do.
Estimate the damage from the incident. If they are minimal (for example, for changing a tire), there is no point in wasting time and effort on turning off compensation – it will cost more. But if the suspension or body is seriously damaged, it’s worth fighting.
Despite all the “buts”, many motorists manage to get compensation. To do this, it is important to behave correctly – both after the accident and during communication with the traffic police officer.
1. Do your best in case of an accident
Do not leave the scene of the accident, do not move the car. Turn on the “emergency gang”, put up an emergency stop sign (at least 15 m from the vehicle in populated areas and 30 m outside populated areas).
If you have comprehensive insurance, call the insurance company. They will tell you if you should sue the road builders. Whether the damage is covered by insurance.
2. Collect evidence
Call the traffic police. While waiting for the inspector to arrive, without moving the car, take pictures and videos of the damage and defect on the road.
The photo should reflect the dimensions of the pit. Many drivers place A4 sheets along the edges without measuring instruments so that the dimensions of the pit can be determined.
Also take pictures of the position of road signs or their absence.
The video must be filmed with reference to the area. If there are witnesses, write down their contact information.
3. Prove your innocence right away
Tell in detail what happened to the traffic police officer who arrived on the scene about the incident, emphasizing that you did not violate the traffic rules, you moved at the permissible speed, taking into account the weather conditions and the nature of the road surface.
Explain when you noticed the pit, or why you didn’t notice it (the pit was flooded with water and looked like a puddle, it was sprinkled with snow, etc.). Perhaps it was impossible to safely bypass the pit – also report this.
4. Make sure that the defect is correctly described in the accident schedule
The diagram should indicate all the main parameters of the roadway defect – length, width, depth. After all, it is possible to receive compensation if the road defect violates the requirements of GOST.
The schedule should reflect the position or absence of road signs and fences. The location of the vehicle after the accident, the nature of the braking distance, etc. must also be recorded.
If you do not agree with the accident regulation, be sure to write down your comments.
5. Read the accident certificate carefully
Any visible damage to the vehicle must be listed there. If the machine is seriously damaged, the certificate must indicate that hidden damage is possible.
6. Take a photo and video recording
Indicate how many photos and videos you’ve taken and what you see in them.
7. Come to the analysis group
It is best to record a request to be informed about where and when the debriefing group will take place in the minutes. There you can see who is responsible for a certain road section.
If in doubt, write a statement to the traffic police requesting that the service responsible for the condition of the road section be brought under administrative responsibility. This organization will appear in court as a defendant.
8. Assess the damage
Contact an appraisal agency to determine the amount of the damage. Then you can approach the road builders with a provisional claim for voluntary compensation. If they refuse, go to court.
By law, you must be reimbursed:
- damage to the vehicle and objects in it (for example, a broken smartphone);
- any costs for a tow truck and/or emergency parking (keep receipts);
- legal costs.
Icicle broke through the hood – how to get compensation?
“Behind the wheel” can be read on VKontakte.