The car fell into the pit of court practice. What if you got into a hole on the road and damaged your car? thousand rubles for a wrecked Nissan Teana

11.05.17 106 316 7

And smooth out the bumps in the yard

I suffer from bad roads.

Because of them, anything happened to me: I got stuck with a wheel in a hole, I could not leave the parking lot because of a protruding hatch, once I broke a tire with a pin sticking out of the curb. I decided that this should not be tolerated, I complained to the authorities, and these problems no longer exist.

I'll tell you how to do the same.

Ilya Novikov

fights holes in the roads

What problems the mayor's office is obliged to eliminate

In Russia, there is a state standard GOST R 50597-93: it describes the requirements for roads and obliges the authorities to eliminate defects - subsidence, potholes, protruding hatch covers, protruding tram and railway rails. On roads where there are many cars, according to GOST, damage should be repaired in five days. In courtyards and on unoccupied streets - ten.

Pit- this is a drawdown or a pothole longer than 15 cm, wider than 60 cm and deeper than 5 cm. If at least half of the shoe fits into the hole, then it must be repaired.

Manhole cover should not rise above the road or sag by more than 2 cm. Anything larger is considered a defect that must be eliminated.

Tram rails should not rise or sink more than 2 cm. At level crossings - more than 3 cm.

These rails rise above the road due to the destruction of the asphalt. Source: mosaica.ru

In Russia there is a law on road safety, according to which the road owner must repair it. City roads and courtyards are usually owned by the city. If the roads in the city are neglected, the city authorities are breaking the law. The authorities of the Ministry of Internal Affairs, in particular, the traffic police, must monitor the implementation of the law. Let's turn to them.

Two ways

There are two ways to make a complaint about a defect on the road: make a formal complaint on paper or use online services. It can be safer to submit a complaint yourself. Services allow you to do this faster, without studying the laws and queues at the mail.

How to file a complaint by mail

To contact the traffic police about a traffic defect, you need a phone with a camera, a sheet of paper, a pen, an envelope with stamps. The entire call will take no more than 15 minutes.

Take three pictures of the defect with your phone in daylight: a general plan with houses, road signs and shops, from which you can understand where the pit is. Photograph the pit itself from both sides.

Write down where the pit is - the street, house and entrance number, the approximate distance from the house and curb to damage. If there are signs or identification marks nearby, write them down too.

Write a statement to the regional traffic police department. In the header of the letter, indicate the addressee, your name and contact information - zip code, postal address and e-mail in order to receive a prompt reply. In the text, without unnecessary details and deviations, indicate the date and place of the pit discovery, refer to the laws, briefly describe the defect and say that you want this pit to be removed.

Put the application in an envelope, put a stamp on it and send it by regular mail to the address of the regional traffic police.

Over the next 30 days, traffic police officers are required to go to the specified place, find and photograph the pit, draw up an act, issue an order to the city authorities and report to you on the work done in a response letter.

In a few days the pit will be closed, the hatch will be leveled, and the road will be restored around the rails. Most likely, this will not be done very well, but there will be no more threats to damage the wheel.

In rare cases, the traffic police may ignore the complaint and not respond. Then write a complaint to the regional prosecutor's office about the inaction of the traffic police. Do the same if the traffic police answers, but after ten days the pit will not be removed. Only it will be necessary to complain about the inaction of the mayor's office. The court may become the last resort, but it is unlikely to come to that.

To facilitate the task and send a complaint faster, you can use services on the Internet.

Where to file a complaint

Official website of the traffic police

In the block "Online services of the traffic police" select "Reception of requests", press the green button "Proceed to filling out the questionnaire to send an appeal." On the page that opens, select your region. A complaint from this page will go to the traffic police and will be considered in the same time frame as a paper letter.

Select your region from the list. Indicate as the purpose of the appeal "Complaint"

Check the box "receive a response in electronic form"

Add photos: their total size should not exceed 5 MB

Check the box “receive a response in electronic form”. Add photos - their total size should not exceed 5 MB

Pros. You will send a complaint directly to the traffic police and receive confirmation of the application by mail. The application will be assigned an identifier. Then you can find out in the traffic police the fate of your complaint by this number.

Minuses. Unlike special services for complaints about pits, they will not help you to monitor the fulfillment of your requirements, they will not remind you that the deadline for eliminating the defect has expired. Your complaint will not be published and will not attract public attention, which could further induce the authorities to address the problem.

Where to file a complaint

"Rosyama"

For more than five years, the Anti-Corruption Foundation has been supporting Rosyama's automated complaint submission service. On the site you need to go through a short registration and click the "Add a pit" button.

First, the complaint must be approved by the moderator, then it will be automatically sent to the traffic police. A pit with photos will appear on the general map of the service.

Pros. Submitting a complaint comes down to a few simple steps and does not require knowledge of the laws and rules for drafting applications. Your complaint will be checked by an expert and will go to the traffic police. After 30 days, you will be reminded that you should have received an answer by now. If this does not happen, you can complain to the prosecutor's office.

Minuses. Rosyama is an intermediary and theoretically can forget to send your complaint. Or your grandmother will say that, while fighting the pits through Navalny, you rock the boat and are no longer her grandson.

Where to file a complaint

"Map of Killed Roads"

This year, the All-Russian Popular Front launched a website with a map of dead roads. You can also complain about the poor condition of the asphalt on it. To do this, you need to register and file a complaint. Information about the problem will be published after the approval of the moderator.

Pros. The complaint is easy to draw up and send, it does not require special knowledge. The creators of the service are beating themselves in the chest that it is their solution that will work better.

Minuses. You are dealing with an intermediary service again. Unlike Rosyama, the service is aimed at searching not for individual holes, but for large sections of roads, so it is difficult to mark a small defect on the map. The information about the pit is received primarily by the activists of the All-Russian Popular Front, and not by the traffic police. The authorities are not obliged to comply with their orders; it will not be possible to complain to the prosecutor's office about the inaction of public figures.

Remember

1. The law obliges the authorities to remove holes on the roads in 10 days.
2. The authorities are obliged to repair the road at the request of the police.
3. Take a picture of the pit, briefly describe it, refer to the laws, send a complaint to the traffic police.
4. The traffic police will answer in a month.
5. The easiest way is to send a complaint through the services "Rosyama" or "Map of dead roads". The safest way is to send in person.

QUESTION	ANSWER
	Yes, if this pit is not marked with signs.
	The protocol of the traffic police should contain: - lack of warnings at the dangerous pit; - indication of the size of the pit in the road accident diagram; - the presence of two attesting witnesses.
	Yes, it is necessary to identify the defendant in a lawsuit.
	Apply to the prosecutor's office and court.
	- get documents from the traffic police about the fact of the incident; - order an examination to assess the damage and notify the perpetrator of its date; - based on the expert opinion, write a letter demanding a voluntary transfer of compensation; - if the culprit does not satisfy the demand within a month, you can sue.

The road surface in many Russian cities is often not of high quality, which is reduced even more in areas remote from central highways.

A significant danger is posed by pits and potholes that appear during the rainy season due to exposure to moisture and sudden temperature changes.

Such defects form very quickly, literally within a day, and a trip even on a well-known road runs the risk of damaging the car.

Is getting into a hole an accident or not?

According to clause 1.2 of the SDA, a road traffic accident is an event that occurred in the process of moving along the road of transport and with its participation as a result of which people were injured or material damage was caused to a vehicle, buildings or cargo.

Since the car made a movement before entering the road hole and as a result of a defect in the roadbed received various mechanical damage, such a case falls under the definition of an accident.

The consequences of such an accident can be punctured wheels, bent discs, a torn off bumper or muffler, a broken suspension, damage to the engine, which is signaled by a lit check, dents and scratches on the body.

Not every sinkhole, pothole, embankment, ditch or open hatch can be a reason for collecting compensation. The limiting value of the characteristics of the operational state of the roadway is established in Russia by GOST. Its requirements determine that the pits should not be more than 15 cm long, 60 cm wide and 5 cm deep. A defect exceeding these parameters must be eliminated by the road service within 10 days.

Evidence for the court

In order to receive compensation for the damage caused to the car when it falls into the pit, it is necessary to collect evidence of the guilt of not the driver, but the organization responsible for the condition of a particular section of the road.

First of all, you should find out and write down the coordinates of at least two eyewitnesses of the accident, photograph or video the scene of the accident with the help of improvised technical means.

It is important to display on photographs:

• coordinates of the accident site (street name, house number);
• damaged vehicle with a state number;
• all visible mechanical damage;
• a defect in the roadway that caused an accident;
• general condition of the road, braking distance;
• the absence of a number of necessary fences warning of the presence of a pit or pothole in signs, the correctness of their installation and readability.

It is best to photograph from different angles and distances. As practice shows, providing the court with clear detailed photographs from the scene of an accident increases the chances of compensation for damage for a damaged car or harm to the health of citizens.

Do I need to call the traffic police

A driver who is involved in a road accident due to a defect in the coverage on the highway must take a number of measures that are determined by the Road Traffic Regulations.

Namely:

• stop the vehicle immediately, activate the warning light and install an emergency stop sign;
• call the traffic police and informing about the incident, stay in place until the arrival of the traffic police patrol.

Traffic police officers who arrived are required to record the incident, draw up a diagram of the accident, measure the hole. If the size of the interference does not correspond to GOST, the inspector must draw up an act on the identification of deficiencies in the maintenance of the road for the subsequent bringing the road workers or officials guilty of negligence to administrative responsibility.

If necessary, traffic police inspectors can help with the contacts of the organization to which the fine will be issued.

The driver's explanatory note must be attached to the protocol drawn up by the inspector. It is important to indicate in it the fact that the obstacle that caused the accident arose suddenly and despite all the measures taken by the motorist, it was not possible to avoid a collision.

Witnesses

If as a result of the accident none of the people was injured, the driver should immediately be concerned with the issue of finding and collecting evidence of the guilt of road workers. It is necessary to interrogate other drivers, passengers or bystanders who were nearby at a certain time interval and write down their coordinates.

At the trial, witnesses will be able to outline the general picture of what happened, confirm the information that the motorist was driving at the speed allowed on this section of the road, observing the traffic rules. Describe the actions of the road accident participant and traffic police officers.

If it was not possible to find eyewitnesses to the very moment of the accident, then it is possible to attract witnesses who can confirm the consequences of the accident.

Contacting the road service

According to Federal Law No. 257-FZ "On Roads and Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation" faces.

Service organizations contracted by the federal or local administration may also be responsible for damage caused by poor-quality pavement.

It is necessary to apply to the identified culprit with a claim for compensation for damage caused to the car due to the unsatisfactory condition of the canvas and a notification of an independent examination.

Who to sue

In order to obtain information about the service responsible for the maintenance of a specific section of the road, you should contact the traffic police officer who drew up the protocol. When filing a claim with the judicial authorities, it is important to find out the actual, legal address of the organization, its full name, position and contact details of the competent representative.

If the inspector, for any reason, refuses to provide the necessary information, it will be permissible to file a complaint with the prosecutor's office. Its employees not only demand all the necessary information, but also send the case to court on their own.

Most often, you have to sue the district administration or the road service, which sometimes become co-defendants in the same case. In this case, the court itself will determine who exactly will compensate for the damage.

Independent expertise

After finding the defendant, it is important to establish the amount of damage caused by an independent technical examination. This procedure is carried out in the presence of the defendant's representative. The organization must be notified in advance by certified mail or telegram followed by notification of receipt. The inspection is carried out in a car service or garage, in which there are conditions for identifying obvious and hidden defects.

The results of the examination of the damaged vehicle by an expert are reflected in a special act, which indicates the approximate amount of the cost of repairing the vehicle. The document must contain the signatures of all persons present during the examination.

If the driver has got into a hole in the road and only punched a wheel or bent the disc, then it is not necessary to involve an appraiser. It is enough to take a certificate from a traffic police officer with a description of the damage caused in the accident.

Pre-trial settlement

Pre-trial settlement is carried out after the procedure for assessing the damage to the car "caught" in the road hole. A claim for voluntary compensation for harm must be sent to the organization responsible for the accident by registered mail with copies of documents on the accident and an inspection certificate. At this stage, in addition to compensation for damage to the car, you can also demand payment for an independent examination.

As practice shows, pre-trial settlement of a dispute with road services is rare. You can protect your rights and sue the due compensation by filing a statement of claim with the competent authorities.

Recovery through the court

In accordance with Art. 28 of the Code of Civil Procedure of the Russian Federation, the claim is filed in a court of general jurisdiction at the location of the defendant organization or its branch. In this case, you will need to pay a state duty in an amount depending on the cost of the claim, but not less than 400 rubles. This amount, if the case is successful, will be recovered from the defendant.

The application indicates the name of the judicial authority, personal data of the parties to the process, the circumstances of the incident with a description of the harm caused, evidence of the legitimacy of the claims, the requirements and the price of the claim.

The following documents must be attached to the application:

• a certificate of the fact of an accident from the police;
• protocol drawn up by a traffic police officer at the scene of the incident;
• decision on an administrative offense;
• the act of assessment of the received material damage;
• a copy of the pre-trial claim;
• photos of the damaged vehicle and road surface;
• witness's testimonies;
• checks for the evacuation of the car, postage and other expenses, a receipt for payment of state duty.

In most cases, with a sufficient evidence base, the court takes the driver's side. The damage to the vehicle, the costs of the examination and legal costs are paid by the defendant. But in order to prevent accidents, save money and time looking for justice, it is important to follow simple rules: monitor weather conditions, slow down in front of puddles and areas with signs of repair, and avoid obvious defects on the roadway.

Case No. 2-527 / 2014.

SOLUTION

In the name of the Russian Federation

Border District Court of the Primorsky Territory, composed of Judge I.G. Sviridova,

under the secretary Yatsukhno S.N.,

Having considered in open court a civil case on the claim of FULL NAME17 to the Administration of the Border Urban Settlement for compensation for material damage caused as a result of an accident, the court

Set-up:

Claimant FULL NAME18 A.The. initially applied to the court to two defendants of the Administration of the Pogranichny municipal district and the Administration of the Pogranichny urban settlement for compensation for material damage caused to his vehicle as a result of an accident.

In support of the claim, the plaintiff refers to the fact that DD.MM.YYYYg. at 01 hours 15 minutes he was driving a vehicle belonging to him on the right of ownership of the model "MersedensBenzS 500" state. № №, moving along the central c at low speed in conditions of limited night visibility, in the presence of rain; when turning left into the courtyard of houses between residential apartment buildings 31 and 33, he felt a tangible blow, knock, his car bent over, he found that the car with its front left wheel hit a hole in the road surface of a turn with any warning signs , indicating this obstacle, the roadway did not contain, he called a traffic police officer of the OGIBDD OMVD, who inspected the vehicle, the road surface, examined the pit with a flashlight, drew up an accident diagram, they also recorded the damage to his vehicle, took an explanation from him, drew up an act on the identified deficiencies in the maintenance of the road, road structures and technical means of organizing traffic, only its external damage was recorded in the inspection report of the vehicle: the front left wheel was lowered, the left front wheel mudguard was torn off, a crack went along the windshield when lifting from the pit of the vehicle ... This accident involving one car does not fall under the insured event under the terms of Article 2 of the Law of the Russian Federation of November 27, 1992. “4015-1“ On the organization of insurance business in the Russian Federation ”, therefore, he is not entitled to insurance compensation, if he has an OSAGO insurance policy No. LLC“ Rosgosstrakh ”.

According to the examination № from DD.MM.YYYYg. an expert of the LLC "Judicial Expert and Evaluation Center" Region-25 ", confirmed the inspection of damage to his vehicle, the roadbed at the turn between houses 31 and 33, confirmed a causal relationship, and also revealed the following defects: windshield crack 0.8 m long , damage to the tire and wheel disc (deformation of the disc and rupture of the tire), damage to the air suspension strut, damage to the front left mudguard, these defects, according to the expert's opinion, occurred as a result of the front left wheel of the car falling into a road hole measuring 1 x 0.4 x 0.4 m, exceeding the permissible limits for FULL NAME15 50597-93 "Highways and streets", according to which the maximum size of individual subsidence, potholes, etc. should not exceed 15 cm in length, 60 cm in width and 5 cm in depth, as a result of which, as noted by the expert, his vehicle received the damage listed above. The condition of the road, as noted in the conclusion on which the car failed, does not meet the requirements of the normative and technical documentation (p. DD.MM.YYYY and p. 3.2.1 FULL NAME15 50597-93) according to the geometric characteristics of the pothole in this section of the road. The expert confirmed the cost of refurbishment of the plaintiff's car in the amount of RUB. 93 kopecks (taking into account wear and tear), the plaintiff asks to recover this amount from the defendants, services assessed by an expert RUB, services for gasoline when traveling to an expert, taking him to the scene of an accident and back, expenses for photocopying documents RUB, legal costs RUB, expenses for the state duty RUB., which also asks to recover from the defendants, t.to. believes that the road on which the accident was committed does not apply to federal roads, an accident occurred within the boundaries of the settlement, therefore the defendants are the local authorities in whose jurisdiction this section of the road is, on which DD.MM.YYYYy. there was an accident.

At the hearing the plaintiff LёFIO1 and his representative lawyer FULL NAME3 (order № №, certificate № №) supported their claims in full, LёFIO1 explained that 22.07.14g. he was driving at night on, driving along, he remembered that he had forgotten the keys from the house, began to turn around from into the courtyards of houses, it was pouring heavy rain, there was no street lighting at the entrance to the houses, the road surface, as well as the pit, were flooded with water, there were no fences, as well as signs, he wanted to drive through the courtyard and return to, but felt a strong blow on the front of the car, as it turned out, he drove into the pit with his left front wheel, immediately called the traffic police officers, who arrived and took out an accident , the rain had died down by that time, before the accident he had a small crack on the glass within 12 cm, (drilled) after the impact, the crack spread all over the windshield up to 80 cm, according to the conclusions of the traffic police, he was not found guilty of this accident, in the daytime while examining this pit, which was about 60 cm deep, photographed it, at the bottom there were leaves and any debris, he went around all the management companies, no one recognized who owns this section of the road.

The representative of the defendant FULL NAME4 by power of attorney did not recognize the claims, indicating that he was not a proper defendant, asked to be released from participation in the case as a defendant, explaining that the disputed section of the road on which there is a pit was not a road, according to his assumption- This is an entrance to the courtyard to residential buildings, sort of like a house territory, for the condition of which residents, homeowners, represented by their management companies, are responsible, i.e. OJSC UK "Uyutnyi Dom" and OJSC ZHOU "Upravdom", which serve houses Nos. And 33 on v. Currently, this section of the track has been repaired, the pit is asphalted, who does not know.

The representative of the defendant of the Administration of the Border Urban Settlement FULL NAME5 by power of attorney did not recognize the claims and explained that this site, on which there was a pit, is a local area (entrance to courtyards, not an exit from the road) and is not a motor road, the object is located behind the roadway , for the state of which the urban settlement is responsible. In accordance with article 14 of the Federal Law No. 131-Fz "On highways and road activities", local governments are not authorized to repair courtyard areas and inter-quarter passages, entrances to courtyards, this section is not a road, or a storm sewer, not finds it as a road element.

In addition, according to the defendant, the fact that the car was damaged as a result of the wheel falling into the pit was not confirmed, the examination was carried out by an inappropriate specialist, the amount of damage was overestimated.

The representative of a third party MUP "Kommunservice" director FULL NAME6 explained that this site is not under the jurisdiction of his enterprise, and the houses and the adjoining territory of residential buildings 31 and 33 in are served by the managing companies "Uyutny Dom" and "Administrator".

The representative of a third party on the side of the defendants of the Department of Roads did not appear in court, submitted a response, in which he did not recognize the claim, indicated that the list of highways of regional and intermunicipal importance was determined by a resolution of 11/26/12. No. 357-pa, the road on in the area of ​​houses 31 and 33 is not included in the specified list, this road is a local road.

The representative of a third party on the side of the defendants of the OJSC Management Company "Uyutny Dom" represented by the deputy director FULL NAME7 explained by power of attorney that this Criminal Code really serves the apartment building (the contract and the diagram are attached), while a plot of land 5 m ( from the front wall to the sidewalk), and from the end wall between house 33 and house 31, (where the management company ZhOU "Administrator"), the site is divided in half in the middle of the centerline of the passage, the pit is located outside the boundaries of responsibility of the management company "Uyutny Dom".

The representative of a third party on the defendant's side of the Criminal Code "Uyutny Dom" director FULL NAME8 The defendants' claims admitted and explained that the local authorities, in particular, the administration of the Pogranichny urban settlement, in accordance with clause 2.2 of Section 2 of the Improvement Rules ... got into the collapse of the storm sewer, which is part of the local highway. According to the Rules for the improvement of the territory of the Border Urban Settlement No. dated 05/30/2012. p.2.7 adjoining territory is a land plot adjacent to the house, which includes yard sidewalks, green spaces, households. and children's sports grounds, etc., while this does not include exits and drives to multi-apartment residential buildings, therefore, the disputed site with a pit is no longer a local area. According to clause 2.5 of the Rules ... the adjacent territory is the territory directly adjacent to the boundaries of the land plot, to buildings, structures, fences, construction sites, non-residential premises in a residential building, to trade objects and other objects owned or used by an individual, individual entrepreneur or a legal entity; in there are no residential premises of a legal entity or individual entrepreneur, there are all residential premises in which individuals live, as in. The improvement rules were drawn up by the defendant in accordance with FZ-131 "On the general principles of organizing local self-government", therefore the site has the name of a local road, he personally announced this pit at a meeting of the headquarters DD.MM.YYYY. in preparation for the heating season (2.5 weeks before the accident), when, in the presence of services, incl. of the defendants, reported a defect in the road, but no measures were taken to liquidate it, the janitor of the Uyutny Dom UK during the cleanup inserted a branch into the pit to indicate it to car drivers (the photo was published in the local media on the complaint of residents), according to the diagram, proposed to the court, the collapse occurred from the asphalt edge of the carriageway at a distance of 1.3 m (drainage point, pieces of reinforcement are visible in the hole of the pit, part of the storm drain (storm sewer), trays (U-shaped concrete structures) were laid with slabs in the old years, and then asphalted, the disputable section of the road (exit) is within the responsibility of the defendant, since the intra-quarter passage refers to the road and the damage for an accident must be borne by the Administration of the Border Urban Settlement.

The representative of a third party on the defendant's side LLC "Housing Management Organization" Upravdom "director FULL NAME9 acknowledged the plaintiff's claims, explaining that the Criminal Code serves, while the section of the road on which the accident occurred is not on the border of the management company responsibility. this is an intra-block passage, the road of which leads to several residential buildings, since someone unknown after an accident repaired this area (filled up the pit), thereby clogging the ditch, as a result, storm water will accumulate under the house, he believes that there was still a storm drain under the stove , which served as a drainage system, road workers had to first clear under the slab and then asphalt.

The third party on the side of the defendant MKU "Economic Department of the Border Urban Settlement" in the person of the director FULL NAME10 did not recognize the claim and explained that on the disputed area where the pothole is located, there is no storm sewer, for the state of which his organization is responsible, "storm drainage" is a hydraulic structure designed to discharge water from atmospheric precipitation is made of capital materials: reinforced concrete, brick, to the court's question: why there are reinforcement and part of the concrete structure in the pothole, he could not explain anything, he added that the storm sewer is located on the even side streets, and near houses 31 and 33 there is a flower bed, turning into a ditch between the sidewalk and the road, who put the w / w. the slab through a ditch and paved, he does not know, he believes that this section can be called an inter-house passage, for the condition of which either the Management Companies or the district administration can be responsible.

Witness FULL NAME14 explained that he worked DD.MM.YYYYg. inspector of the DPP of the traffic police department of the OMVD, at night after 24 hours a message was received that the plaintiff's car fell into a pit, having arrived at a call between houses 31 and 33, he saw LofIO1's car, standing behind the pit, with his partner Pozhidaev, it was raining, the driver explained that he was passing between two houses , turning off the road, hit a pothole on the road with the left front wheel, my partner drew up a road accident diagram, there is no street lighting, we examined the car with a flashlight (the wheel was flat), the hole, measured its dimensions with a tape measure, found that there was a fallen slab in the pit area, as a result of which a pothole 60 cm deep, 1 m wide and 50 cm long was formed, the pit was clogged with debris, I did not examine the car more carefully, I wrote out a prescription to bring it to the attention of road supervision, before an accident involving this pit was not observed, LöFIO1 was not found guilty of an accident that occurred due to improper maintenance of the roadway, which the witness regards as a carriageway, no prohibition signs, concrete there were no barriers to entering the courtyards.

Witness FULL NAME11 explained to the court that as a result of an accident about 24 hours on and 33 at the plaintiff's car was damaged, about which the traffic police inspector FULL NAME14 drew up a diagram of the accident, and he, the witness, examined the damaged vehicle LeFIO1, his car drove into the pit with its front wheel in the dark, whether there was a crack on the windshield, he did not look, the inspection was carried out superficially with a flashlight, because there was no street lighting, he also examined the pit, as it turned out, there was a cavity under the asphalt, marked with earth and concrete with pieces of reinforcement, a deep hole formed between the two slabs, it is assumed that these slabs lay on a pipe, two days later someone covered this pit , an act was drawn up, which was transferred to the platoon commander, and he was supposed to issue an order from the administration to eliminate the malfunction in the road surface; at the time of the inspection, the car had already jumped out of the pit, the wheel was flattened, a visual inspection of the car was made, an accident diagram was drawn up with reference to the pit.

Witness FULL NAME12- chief specialist of the 2nd category for housing and communal services of the Pogranichny urban settlement explained to the court that houses No. they were asphalted from above, and did not complete it to the end, believes that this is an omission of the district administration, this is not a structure, not a bridge, not a passage, but a temporary passage connected to the road, which had to be either immediately removed or done thoroughly, the witness had seen before In this section there was a small hole that had to be eliminated in a timely manner, but no restrictive signs or blocks were placed; cars constantly drove around the specified section of the temporary structure.

After listening to the parties, representatives, third parties, witnesses, examining the case materials, analyzing the evidence presented, the court finds the plaintiff's stated claims justified and subject to full satisfaction on the following grounds:

DECIDED:

Satisfy the claim in full.

Collect material damage from the Administration of the Border Urban Settlement in favor of LofIO1, which consists of the cost of refurbishment of the vehicle in the amount of rubles. kop., as well as services for the assessment of the vehicle rubles., services for gasoline rubles. cop., expenses for photocopying documents rubles., legal costs rubles., return of the state duty paid by the plaintiff rubles., and in total in the amount of rubles. 73 kopecks.

The decision can be appealed to the Primorsky Regional Court through the Pogranichny District Court within 1 month.

Judge I.G. Sviridova

Court:

Border District Court (Primorsky Territory)

Plaintiffs:

Levshin A.V.

Defendants:

Administration of the Pogranichny State Enterprise, Administration of the Pogranichny Municipal District

Judges of the case:

Sviridova I.G. (judge)

Judicial practice on:

Responsibility for causing harm, apartment gulf

Judicial practice on the application of the norm of Art. 1064 of the Civil Code of the Russian Federation

So, the well-known Gogolian phrase about the two main troubles of Russia - fools and roads - has long become a commonplace. There was even a continuation of it, they say, in our country, the first trouble is repairing the second. Broken roads, huge pits and washed out asphalt became the same messengers of spring as April drops. The always acute problem of the quality of roads is especially manifested in the spring, when sometimes whole city streets, along with huge budget funds, float in streams into sewers, leaving only directions of movement instead of roads. Unfortunately, even in summer, most of the holes do not disappear from the road.

If your car got into a hole or a tree fell on it or a sheet of iron from the roof, be sure to call the traffic police, because you got into an accident. This is all provided that your car was in motion. Otherwise, you need to call the police.

Such a situation is possible - the inspectors came, walked around the car that had fallen into the hole, because of which the ball joint flew out, and they say to the driver: "Man, where did you go, didn’t see it?" And they rush to leave - after all, this is not an accident with the injured, there is nothing terrible. But you must definitely insist that they draw up a protocol and a resolution on bringing to administrative responsibility the official who is entrusted with this section of the road. Demand from them the registration of an accident, tk. it's an accident. By the way, the Supreme Court did not recognize the stone from under the wheels in the windshield as an accident.

The protocol is written immediately, and the guilty person is identified in a matter of days - for this, each district traffic police department has a road supervision specialist. Remember that your innocence will be easily proven in court only if these two documents were drawn up. If they do not exist, it is better not to apply to the court with claims, no statements such as: “My comrades will confirm that there was a hole there” are not suitable.

Compensation for damage after an accident due to a pit on the road

According to clause 1.2 of the SDA- a road traffic accident means an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, goods were damaged, or other material damage was caused.

Accordingly, the driver, having got into the situation with the pit described above, becomes a participant, or rather the victim in a road traffic accident, therefore, is obliged to perform a number of measures determined by the Rules of the Road, namely:

• immediately stop (do not move) the vehicle, turn on the hazard warning lights and set an emergency stop sign;
• report the incident to the traffic police, collect contact information of eyewitnesses (names, phone numbers and addresses) and wait for the arrival of police officers.

And here the driver will need maximum care, firmness and perseverance to get all the documents about the fact of the accident.

While waiting for the traffic police, start collecting evidence of the accident. Take a photo of a section of the roadway with the same ill-fated pit, and it is better to take photographs with reference to objects. In other words, a hole in the road and, for example, a sign of a nearby store or an address plate with a house number should get into the frame. The photographs should also show the damage to the car.

Remember the algorithm for further actions when falling into a hole on the road:

1. A traffic police patrol arriving at the scene is obliged to register this accident, draw up a road accident diagram, measure potholes, holes. Registration according to the European protocol is not suitable here, because one car was damaged, not two.

2. If the pothole does not correspond to GOST (no matter how absurd it may sound), i.e. if its parameters exceed the permissible deviations in length - 15 cm, in width - 60 cm, in depth - 5 cm, it is the inspector's responsibility to draw up an Act of identified deficiencies in the maintenance of roads, road structures and technical means of organizing traffic, according to which road workers are involved in administrative responsibility, and the driver has the right to compensation for damage.

The road service or the district administration, which is responsible for this section of the road, will be held accountable under Article 12.34 of the Administrative Code of the Russian Federation. An official will be fined 2-3 thousand rubles, and a legal entity - up to 300 thousand rubles.

Identification of pits and potholes that pose a danger to traffic is an integral responsibility of the traffic police of the traffic police. And without any additional requests from citizens, the traffic police patrol patrolling this or that section of the road is obliged to restrict traffic on "problem" sections, to bring road services to justice, which is extremely rare. In general, there is such a feeling that it is not being done at all.

So, the accident has been registered, the driver has two fundamental documents in his hands - a certificate of an accident and an ACT of identified deficiencies in the maintenance of roads.

3. Now it is important to determine the culprit - the organization responsible for the hole on the road. According to Art. 210 of the Civil Code of the Russian Federation, it is the owner who bears the burden of maintaining the property belonging to him. The traffic police officers who filed the accident and must help you with the contacts of the guilty organization, tk. they will fine her.

If an accident occurred within the city limits, then the road is the property of the municipality. But since they are all under the jurisdiction of road services, then you need to turn your claim to her first of all, if it was an open water utility hatch, then you need to contact the water utility.

4. To determine the cost of damage, an independent technical examination of the damage to the car must be carried out. For this examination, by registered mail, invite a representative of the guilty organization in advance. If he does not come, this is not the reason for canceling the car inspection procedure. Do not forget to include the cost of the examination in the general invoice issued to the culprit. Keep a copy of the examination agreement and documents confirming the fact of payment.

5. The next step is to contact the culprit with a claim for voluntary compensation for damage, which is likely to be left without satisfaction, and even without attention. Do not be upset, you can defend your interests in court.

6. After that, it is necessary to proceed to the main stage - to the preparation of an appeal to the court.

To date, these issues are being resolved exclusively in favor of the injured drivers. The courts are forced to recover in favor of the victims, both the amount of damage and the legal costs incurred by them (expenses for lawyers, state duty for going to court). We advise you to contact qualified lawyers.

Complaint about a hole in the road

The lawsuit is most often filed against the administration of the area in which you are in a road accident. The city administration, the road service responsible for the maintenance of the road can also be brought in as a defendant. There may be several co-responders. It is better to immediately indicate both the road service and the district administration. The court itself will determine which of them will compensate you for the damage.

Do you want the hole in the road to be finally rolled up under the asphalt? Please contact the competent authorities. The body dealing with road safety is the traffic police. It is with him that you need to start, since it is the traffic police that should report holes on the roads. It is necessary to draw up a statement.

In the statement, we indicate that on such and such a date, at such and such an address, damage to the road surface was found, the dimensions of which exceed the permissible values ​​specified in GOST R50597-93 “Highways and streets. Requirements for the operational state, permissible under the conditions of ensuring road safety ”. You should read this GOST, since small pits are not recognized as a defect, and no one will close them up. You can supplement your text with the following: “In accordance with clause 19, part 1 of Art. 12 of the Federal Law “On the Police”, the police are responsible for exercising state control (supervision) over compliance with rules, standards, technical norms and other requirements of regulatory documents in the field of road safety ”.

In conclusion, we write: “In connection with the above, I ask you to issue an order to take measures to eliminate these shortcomings. On the merits of my application and the measures taken, inform me in writing. "

At the end of the sheet we put the signature with the decoding and the date, then the phrase: "Appendix: X photos", where X is the number of photos. Accordingly, do not forget to attach the photographs of the bad road themselves. We send the application.

In response, a letter should come from the traffic police stating that a check is being carried out on the application, then a second letter stating that an order has been issued to eliminate the road surface malfunctions. Although the first letter may not be there.

If you receive a letter from the traffic police, which says that a letter or an order has been sent about the need to bring the specified section to a standard state, but after ten (or better, a little more) days the road has not been repaired, then you must write a statement to the prosecutor's office ...

The text of the statement to the prosecutor's office will differ from the text in the traffic police. Here it is necessary to indicate the following: "On such and such a date, I sent an application to such and such a traffic police department to eliminate damage to the road surface at such and such an address." Then you indicate on what date you received an answer from the traffic police and insert a quote from the received answer into your text. The quote should contain information that the traffic police sent a letter about the need for repairs. In conclusion, indicate: "In connection with the above, on the basis of the Federal Law" On the Prosecutor's Office "and the Federal Law of the Russian Federation" On the maintenance and repair of highways and road safety "I ask you to check on the fact of failure to comply with the specified instructions of the traffic police. On the merits of my application and the measures taken, inform me in writing. " Attach a copy of the response from the traffic police to the application.

By making a statement, you oblige the organization (institution) responsible for the maintenance of the road in good condition to comply with the instructions of the traffic police.

Two letters will come from the prosecutor's office. The first is that the letter has been redirected to the district prosecutor's office, well, and the second with a specific explanation on your application. Now we are waiting for a response and a team of repairmen. If nothing helped in this case, the next instance is the Court. But most likely it will not come to that.

But if you get on your way: rails, wells and crossings, see an excerpt from GOST:

3.1.10. Manhole covers must comply with the requirements of GOST 3634.

The deviation of the hatch cover relative to the level of the cover is not allowed more than 2.0 cm.

3.1.11. Storm water inlets must comply with the requirements of GOST 26008.

The deviation of the storm inlet grate relative to the level of the tray is not allowed more than 3.0 cm.

3.1.12. Elimination of the deficiencies specified in clauses 3.1.9 and 3.1.10 should be carried out within no more than a day from the moment of their detection.

Broken covers and grates should be immediately fenced off and marked with appropriate road signs. They must be replaced within no more than 3 hours.

3.1.13. The deviation of the top of the rail head of tram or railway tracks located within the carriageway, relative to the surface of more than 2.0 cm, is not allowed.

At level crossings, the elevation of the interrail flooring above the top of the rails by more than 3.0 cm is not allowed, and the depth of irregularities in the surface of the interrail space (flooring) should not be more than 4.0 cm.

The cost of going to court for the road service

Litigation is a costly matter, there are always legal costs. When going to court, you need to pay a state duty, its amount depends on the price of a property claim.

Here are the size of the state duty (subparagraph 1 of paragraph 1 of article 333.19 of the Tax Code of the Russian Federation):

• the amount of the claim is up to 20,000 rubles. - 4% of the amount of the claim, but not less than 400 rubles;
• the amount of the claim from 20,001 rubles. up to 100,000 rubles. - the state duty is 800 rubles plus 3% of the amount exceeding 20,000 rubles;
• the amount of the claim from 100,001 rubles. up to 200,000 rubles. - state duty 3,200 rubles. plus 2% of the amount exceeding 100,000 rubles;
• the amount of the claim from 200,001 rubles. up to 1,000,000 rubles. - state duty 5,200 rubles plus 1% of the amount exceeding 200,000 rubles;
• if the claim for an amount exceeding 1,000,000 rubles. - state duty 13 200 rubles. plus 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles;

The amount of legal costs subsequently, if you win the case, is recovered from the defendant.

Let's consider a few examples from judicial practice, when drivers were able to prove in court that the road traffic accident was caused by defects in the road surface and to compensate for the damage caused.

The driver has the right to demand compensation for damage caused as a result of a collision with a road defect in the presence of the following circumstances: the presence of a hole or pothole, the dimensions of which violate the standards of clauses 3.1.1 and 3.1.2 GOST R 50597-93 (Requirements for the operational state of automobile roads and streets) and there are no warning signs or fencing. According to GOST, the surface of the carriageway should not have subsidence, potholes, or other damage that impedes the movement of vehicles at the permitted speed. The limiting dimensions of damage should not exceed 15 cm in length, 60 cm in width and 5 cm in depth. A claim for recovery of damage is filed with the City Administration and (or) the organization that exercises the powers of the authorities (local self-government) in the field of management, maintenance, construction, reconstruction, repair, overhaul of highways. Several defendants can be indicated in the claim, and the court will independently determine the correct one.

146 thousand rubles for a broken motorcycle Honda CBR 600RR

By the appellate ruling of the Rostov Regional Court of 11/10/2016 in case N 33-19679 / 2016, 146,300 rubles of the damage caused were recovered in favor of the driver of the Honda CBR 600RR motorcycle, as well as the costs of assessing the damage - 4,300 rubles, payment for the services of a representative - 10,750 rubles ., the cost of the state fee - 3,183 rubles. 08 kopecks. The lawsuit was filed against the organization serving the road on which the accident occurred. In court, the injured driver was able to prove that the accident occurred due to a pothole in the roadway, which he was unable to bypass. The arguments of the defendant that the plaintiff, showing the necessary care and discretion, could have prevented the accident, were not confirmed by the materials of the case.
A hit on a pothole was confirmed by the following traffic police documents: a certificate of an accident, a ruling on refusal to initiate an administrative offense case against a driver, an accident scheme, an act of identified deficiencies in road maintenance. The absence of special signs and fences is confirmed by the accident diagram. In order to determine the cost of the damage, the motorcycle driver turned to an independent expert organization before the trial, which carried out an assessment. Subsequently, the cost of the examination was recovered in favor of the plaintiff.
The causal link between the fact of an accident and a poor-quality road, which the plaintiff proved in court, was confirmed by an indication of the excess of the permissible size of the road defect due to the defendant's improper maintenance of the section of the road under his control. This is also the basis for full compensation for damage.
In this case, the plaintiff asked to recover the damage without taking into account the wear and tear of the motorcycle, and the court of first instance satisfied this requirement, but this decision was canceled by the appeal ruling, since compensation cannot be carried out by collecting monetary amounts exceeding the value of the damaged property, or the cost of work to bring this property to the state that existed at the time of the damage.

583 thousand rubles for a wrecked Nissan Teana

The appeal ruling of the Saratov Regional Court dated 09.11.2016 in case N 33-8606 / 2016 in favor of the driver of a Nissan Teana car who got into an accident as a result of a collision with a failure in the roadway, recovered damages in the amount of 552 971 rubles, the loss of the vehicle's market value - 12,276 rubles, expenses for a representative - 6,000 rubles, the cost of an examination - 4,000 rubles. and state fees 8 420 rubles. The defendant in the case was a municipal budgetary institution responsible for the maintenance of this road on the basis of a municipal assignment from the Regional Committee on Roads.
At the trial, the plaintiff proved the fact of the accident with the appropriate package of documents from the traffic police (see the previous chapter), and also provided an expert opinion, which confirms that the damage was formed as a result of this accident and the damage caused was assessed. In addition, the court found that there were no road signs informing drivers about the existing uneven road and a possible detour.
The defendant demanded that the plaintiff refuse to satisfy the claims, since the municipal institution is not a proper defendant and did not receive any assignments for the repair of the roadway from the Saratov administration. The court found these arguments untenable, since, in accordance with the terms of the municipal assignment, the year-round maintenance of roads and sidewalks is the responsibility of the institution, financed from the local budget. Thus, it was MBU who had to monitor the road surface, identify defects and submit an application for repairs to the administration. In this case, the defendant in the case would have been the customer of the failed repair - the administration of the city of Saratov. However, this would not have affected the satisfaction of the plaintiff's claims.

46 thousand rubles for a wrecked Opel Astra car

By the decision of the Kirovsky District Court of Ufa dated September 28, 2016 in case No. 2-10582 / 2016, 39,063.66 rubles of damage and 7,371 rubles ... legal costs.
This decision is noteworthy for the way the court checked the defendant's arguments about the presence of guilt in the actions of the driver of the car for hitting a pothole. First, the court examined the decision of the traffic police inspector to refuse to initiate an administrative offense case against the driver due to the lack of corpus delicti. This ruling was not challenged and entered into legal force. From the diagram of the scene of the incident, drawn up by the traffic police officials, the court established that it was signed without comments, while it does not contain any indication of the particular road and meteorological conditions, there is no information about the braking distance of the plaintiff's vehicle, the presence of a road slope.
Despite the fact that it is impossible to determine the speed of movement at the time of collision with the pit due to insufficient initial data, the court calculated on the basis of the plaintiff's explanations about the movement at a speed of 50 km / h that the stopping distance was 20.625 m (calculation: translation of km / h in m / s - 50 km / h + 10% = 55; 55/4 = 13.75 m / s; 13.75 km / h * 1.5 s. (reaction time) = 20.625 m). At the same time, the car moved at a speed of 50 km / h permissible on this section of the road without exceeding, however, it could not prevent it from hitting a pothole. Evidence of violation of clause 10.1 of the traffic rules of the Russian Federation by the defendants was not presented to the court, grounds for applying the provision of Art. 1083 of the Civil Code of the Russian Federation is not available, no mutual fault has been established. Therefore, the plaintiff's claims were satisfied in full. If the court concludes that the driver could have found a pothole on the road and prevented an accident, he must confirm it (Determination of the Supreme Court of the Russian Federation of 08.11.2011 No. 48-B11-18).