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.
Preparation of documents when falling into a pit
If the car received mechanical damage and you want to subsequently sue the road workers for money for car repairs, then you need to pay special attention to the registration of the accident. It is the evidence collected immediately after the incident that will allow you to count on a successful outcome of the case.
In this case, it is impossible to independently register an accident, because Only 1 car is involved in the incident. Therefore, first of all, call the traffic police . This can be done by calling 102 from a mobile phone.
Before the patrol car arrives, you will have enough time to independently collect evidence:
1. If there are witnesses to the incident, then hurry up and write down their coordinates. Usually witnesses disperse very quickly, so after a few minutes they will no longer be found.
2. Take photographs of the scene. The photographs must show:
- Address of the scene of the incident (photo of the car against the background of a sign with the street name and house number);
- The car along with its state registration plate;
- Visible damage to the car;
- The pit that caused the accident;
- Lack of road signs and fences warning of the presence of a pothole.
After this, wait for the police to arrive to fill out documents about the accident.
While filling out the documents, make sure that the employee records the presence of a hole on the diagram, as well as its dimensions. In addition, the absence of barriers and warning signs must be recorded.
Please note that the requirements for the size of potholes on the road are regulated by GOST R 50597-2017 “Roads and streets. Requirements for operational condition acceptable under the conditions of ensuring road safety. Control methods":
5.2 Roadway surface
5.2.4 The roadway surface must not have defects in the form of potholes, subsidence, breaks, ruts and other damage (Table A.1 of Appendix A), the elimination of which is carried out within the time limits given in Table 5.3.
GOST has a whole table that indicates the maximum size of damage.
For example, for an individual pothole, subsidence or break, the maximum dimensions are: length - 15 cm, depth - 5 cm, area 0.06 m2.
If a car is damaged in a hole that is both longer than 15 cm, deeper than 5 cm, and whose area is more than 0.06 m2, then the chances of winning a case against road workers in court are very good.
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
How to avoid falling into a hole?
In practice, the driver has the opportunity to recover money for car repairs from road workers, but it is much easier to take precautions that will avoid damage to the car:
- First of all, be careful when driving in the spring. It is at this time of year that a huge number of pits form.
- If the road is covered with water, reduce your speed to a minimum. This also applies to well-known roads. A hole can form on the road within one day, and if you get into it at high speed, you can not only puncture the tire, but even tear off the wheel altogether. Slow driving speed will keep damage to a minimum.
- Don't try to avoid the hole at the last moment . If the driver turns the steering wheel to the side before falling into a hole, he will “load” exactly the wheel that will fall into the hole. This will significantly increase the force of the impact and will most likely damage the tire. It is better to drive directly through the hole than to load one of the wheels incorrectly.
Following these simple rules will help protect your car. However, if trouble does occur and the car is damaged in a hole, then feel free to call the traffic police and go to court.
Good luck on the roads!
Steering and wheel alignment
Also, hitting a deep hole can cause other problems in the car's systems. In particular, the steering suffers. The tips may lose the clarity of their fastening, the rods bend easily under strong impacts, and the rack fails. There are cases when bad roads even damaged steering columns, requiring their overhaul or replacement. The following steering parts should be checked after an impact:
- steering rods and ends - they should be inspected at a service center, since it will be very difficult, and sometimes impossible, to figure out possible problems on your own;
- fastenings of the steering system, which are often knocked out of their normal state and are subject to the negative effects of even minimal irregularities;
- steering rack - just turn the steering wheel with the car running and off, feel knocks and unpleasant sensations in the steering wheel, which should be absent;
- the stabilization system, which is also connected to the steering, often suffers during impacts on the road, so testing it will definitely be required if there are problems with hitting a hole;
- the places of the main connections of the steering system with the wheels, with the rack, with the column and even with the steering wheel, to finally make sure that there are no problems or unpleasant effects.
This diagnostic complex is recommended for every maintenance, even if you do not remember hitting serious obstacles. The problem is that many small irregularities also cause the most unexpected problems with the car. Therefore, it is very important to conduct decent testing if you operate the car on potentially uneven and imperfect roads. A good check will help you avoid unpleasant consequences.
Who to sue if you get into a pothole on the road?
Determining the culprit of the hole means identifying the organization responsible for maintaining this section of the road. The easiest way to find out this information is from the traffic police officer who reports your accident. He is obliged to establish and bring the organization to administrative liability under Art. 12.34 of the Code of Administrative Offenses of the Russian Federation, having written out the appropriate protocol. Together with the road workers, the administration of the district in whose territory the accident occurred is also responsible.
Thus, you can sue both the organization that is responsible for maintaining the section of road entrusted to it and the district administration.
Conducting an independent examination
Before going to court to recover the cost of restoration repairs, it is necessary to determine its amount. For this purpose, an independent examination of the damage to the vehicle must be carried out. An expert will determine the specific amount you need to restore your car.
You must notify the defendant's representative that you have scheduled an examination. This is done in writing by sending the appropriate notice.
✅ A lot depends on the correct choice of the organization that will conduct the expert assessment. For example, our company cooperates with several expert firms that will competently and efficiently prepare an examination. To get advice from a car lawyer, including on examination issues, call ☎️.
Filing a pre-trial claim
Having received the expert's opinion, it will be necessary to draw up and send to the future defendant a pre-trial claim with a proposal to resolve the conflict without bringing the case to court. You can draft a claim letter yourself, or you can entrust the drafting to an experienced accident lawyer.
Copies of documents about the accident and a copy of the examination are attached to the pre-trial letter. The claim can be submitted in person or sent by a valuable letter with a list of attachments. After filing a claim, the defendant has 10 days to consider it. If the requirements of the claim are not met, it is necessary to go to court.
It is quite rare that the situation regarding compensation for damage is resolved pre-trial.
What to do if your car is damaged in a pit?
We stop immediately and do not move the car. This is a full-fledged accident and until you record all the circumstances of this incident, do not move the car.
We turn on the hazard warning lights, put up an emergency stop sign, and call the traffic police inspectors.
In a situation where traffic police inspectors, when talking on the phone, refuse to go to the scene of an accident, then there can be no question of any legality of such a statement. Usually they justify the refusal by the small amount of damage, the absence of victims, they say that you need to photograph everything and arrive at the nearest stationary traffic police post, or register an accident according to the European protocol. In fact, they refuse to fulfill the responsibility assigned to them.
We are not satisfied with all this if we simply have compulsory motor liability insurance, or even if we don’t have one.
There is no provision in the law that allows inspectors to refuse to arrive at the scene of an accident for any reason.
Just say that you refuse to fill out documents without traffic police officers. There is no other participant in the accident, you have fallen into a hole and you need to draw up a report on the poor condition of the road surface and bring the responsible persons to administrative as well as financial liability.
There is Order of the Ministry of Internal Affairs of Russia dated August 23, 2017 N 664, where paragraph 285 clearly states that if one of the drivers involved in an accident refuses to independently prepare documents for an accident, the employee offers several options for how to file an accident, or decides to send authorized traffic police officers to the scene of an accident (at the scene of the incident).
Therefore, they should go to the scene of an accident, since this is one of the options in this case.
It is possible that you will need to argue and speak in a raised voice, but I do not recommend leaving the scene of the accident. We insist that traffic police officers come to the scene, draw up a diagram of the accident, a report on the poor quality of the road surface with all measurements, and also issue you documents (certificate) about the accident.
If you do not have a report on the poor condition of the road surface and an accident diagram, then serious problems will certainly arise, with the possibility of compensating for damage.
Unfortunately, the issue with the duty of inspectors to go to an accident has not been settled, and there is no such rule that you could refer to and accurately state that the police are obliged to arrive at the scene of an accident. On the other hand, there is no such rule that inspectors could refer to and could legally refuse to go to the scene of an accident.
So, we simply demand that they go to the scene of the accident. You can cheat and say that the car is probably not drivable, because it stopped starting, you suspect that after falling into a hole, the suspension is severely damaged and it is not safe to operate the vehicle without a technical inspection, for these reasons, you cannot independently arrive at the nearest stationary traffic police post.
The police are obliged to go to the scene of an accident if there are victims and you, for example, hit your leg, head, or arm. After falling into a hole, your stomach began to hurt and then, it turns out that there are victims and the traffic police are obliged to go to the scene of the accident.
Also, the traffic police is obliged to go to the scene of an accident if one of the participants in the accident has a CASCO policy. Keep this in mind.
By the way, for owners of a CASCO policy, everything is much simpler; you just need to obtain documents from the traffic police and contact the insurance company for damages. The insurance company will compensate for the damage and will then itself deal with the organization responsible for the maintenance of this section of the road.
Legislation in the field of road repair and maintenance
I don’t want to bother you too much with legislation, but still, you need to know the main articles related to the problem.
According to paragraph 1, Article 24 of the Federal Law “On Road Safety” dated December 10, 1995 No. 196-FZ, the rights of citizens to safe driving conditions on the roads of the Russian Federation are guaranteed by the state and ensured by implementing the legislation of the Russian Federation on road safety and international treaties of the Russian Federation. Federation.
According to paragraph 6, paragraph 3, article 24 of the Federal Law “On Road Safety”, road users have the right to compensation for damage on the grounds and in the manner established by the legislation of the Russian Federation, in cases of bodily injury, as well as in cases damage to the vehicle and (or) cargo as a result of a traffic accident.
Based on Article 12 of the Federal Law of December 10, 1995 N 196-FZ, the repair and maintenance of roads on the territory of the Russian Federation must ensure road safety. The responsibility to ensure compliance of the condition of roads during their maintenance with established technical regulations and other regulatory documents rests with the persons carrying out the maintenance of highways.
Clauses 6 and 11 of Art. 13 of the Federal Law “On Highways and Road Activities in the Russian Federation” it is established that the powers of local government bodies include the implementation of road activities in relation to local roads, approval of standards for financial costs for major repairs, repairs, maintenance of local roads and rules calculating the amount of local budget allocations for these purposes. According to Part 3 of Art. 15 of the said law, the implementation of road activities in relation to local roads is ensured by authorized local government bodies.
From paragraph 13 of the Basic Provisions on the admission of vehicles to operation and the duties of officials to ensure road safety, approved by Resolution of the Council of Ministers of the Government of the Russian Federation of October 23, 1993 No. 1090, it follows that officials and other persons responsible for the condition of roads are obliged to:
- Maintain roads in a safe condition for traffic in accordance with the requirements of standards, norms and regulations; inform road users about restrictions and changes in the organization of traffic with the help of appropriate technical means, information boards and the media;
- Take measures to promptly eliminate obstacles to traffic, prohibit or restrict traffic on certain sections of roads when their use threatens traffic safety.
What road damage is acceptable?
For public roads, there are regulations regarding permissible potholes and damage. Even a special GOST has been developed, which indicates the main points (number - 50597-93). This document provides information regarding permissible pits:
- the length of the recess in the road is 15 cm;
- pit width - up to 60 cm;
- depth - up to 5 cm.
If the hole on the road is larger, then it must be removed within 5-10 days. Here, road services focus on the road load, its importance, and so on. Don't forget about icy conditions. Its elimination also has a time limit - 4-6 hours.
GOST also mentions requirements for railway rails or tram tracks. The excess of metal structures above the road is allowed up to two centimeters. Otherwise, road services are required to fix the problem within two days.
Special attention is paid to sewer pit covers. Replacement of damaged hatches (ideally) is carried out in three hours, and irregular lifting is carried out in one day. Motorists often notice that when the snow melts, sewer pit covers disappear from the roads. As practice shows, in 90% of cases this is not theft, but a deliberate step by utility services. The hatches are removed to speed up the removal of melt water from the road.
Knowledge of the GOST mentioned above is extremely useful in protecting your own rights. Contact your insurance company or court if you:
- fell into a hole larger than the parameter specified in GOST;
- we came across a rail sticking out more than two centimeters above the road surface;
- were unable to travel six hours after the snowfall.
Chassis - what breaks most often in pits?
On Russian potholes and humps, which still decorate many roads to this day, there are many risks for the suspension. The chassis of each car is designed with certain features, so it is important to consider the quality and type of suspension. Traditional options suffer in quite the same way, so the service can quickly see the presence or absence of negative influences. Inspect the following components of your car:
- rack supports - they are the ones that cause the most troubles during operation, so the supports should be diagnosed first, and it is better to change them when in doubt;
- struts and springs are another component that is directly affected when hitting a hole, so inspecting them and monitoring the condition of the parts is mandatory;
- various silent blocks, the number and type of which depend on the suspension design, but especially pay attention to the silent blocks of the front levers in the McPherson suspension;
- stabilizers, stabilizer struts and silent blocks of this system, which also easily fail due to serious road unevenness and other possible damage;
- half-shafts, CV joints and other drive parts, which can also become deformed, fail, fall out and suffer various troubles that make the trip impossible.
But it is impossible to examine all these details on your own. To do this, you need to come, at a minimum, to the garage and go down into the pit to receive information about the condition of the car's chassis. But in most situations this cannot be done right at the scene of an unpleasant incident. It’s easier to go to the nearest service station and carry out an inexpensive superficial diagnosis of the chassis. This will ensure that you can continue driving safely and without any problems.
We invite you to watch a video about self-diagnosis of a car’s chassis:
