How do I make amends for a car in the pit?

The state of pavement on the roads of Ukraine is close to critical, as the owners of vehicles are well aware. Due to the discrepancy in the quality of the pavement, there has been an increase in the number of accidents caused by damage and obstacles on the roads.

In most cases, car owners pay for pits on Ukrainian roads from their own pockets. But can compensation be awarded to those who should ensure the quality of the roads rather than those responsible for road maintenance? Ukrainian legislation provides this possibility, and in case law there are already decisions in favour of vehicle owners.

In the event of a traffic accident caused by a hole or low-level damage to the surface, there is a clear algorithm of actions to be reported by the lawyer.

In order to have a chance to recover the damage if the vehicle is in a pit on the road, the driver must:

1. Stop the vehicle, switch on the emergency lights and install an emergency stop sign as required by traffic regulations. This is necessary for accident recording. The accident occurs both when the car is directly damaged by a pit impact and when another vehicle attempts to bypass it.

2. Summon traffic police officers. According to the service instructions, they must draw up a record of the violation of Art. 124 CAO. However, as the case law shows, the courts close most administrative proceedings. 124 CAO, on the grounds that the perpetrator’s actions did not constitute an offence at first instance or on appeal. The problem is that while the court is in the process of proving the case, the victim has already repaired his car and made reparation for the damage caused by his actions.

3. Photograph the environment and the damage - you should capture the damaged car and the part of the road in question. The more images, the better. It is also necessary to make a list of possible witnesses and witnesses to the incident, to record their testimony on their own, and it is better to ask the police to do so. The evidence obtained may become evidence in the proceedings.

4. On arrival of traffic police officers, insist on accident registration. Make sure that the size of the hole and the absence of warning signs are indicated in the accident diagram. The chart and the record of the examination of the scene of the event should be checked after their completion, often the police do not detect defects in the pavement, and without them it is very difficult to prove their innocence and claim damages.

5. Require the police to summon the traffic officers responsible for the road section where the accident occurred. This is necessary in order to correctly identify the organization to which the owner may be sued for damages. Depending on the type of road, the responsible person may be:

• State roads - State Agency for Restoration and Development of Infrastructure of Ukraine;
• For roads of settlements - local self-government units;
• for local roads - regional public administration;

We should let the patrol know that Article 124 of the Code of Administrative Offenses. There is a violation of the rules and standards in the maintenance of roads, a failure to prohibit or restrict traffic or to designate places of work. Proving this fact in court will require additional time and resources.

On arrival, road workers must draw up a road section inspection report and a damage plan including a complete freeze of the yase. If the road workers have refused to draw up an act, it should be recalled that they are legally responsible for ensuring proper conditions on the road, including criminal conditions.

6. If it is established that a violation has occurred, Art. 140 CAO must apply to the court for compensation of damage to the owner of the road to the organization responsible for the section of the road. The lawsuit should indicate that the roadbed did not comply with DSTU 3587:2022 and its condition caused the accident. Traffic police officers are required to draw up a report on the violation of Art. 140 CAO in respect of traffic officials. The protocol will be the basis for the plaintiff’s further substantive claims.

Important: If no road attendant has arrived at the scene and the policeman refuses to draw up a violation report. 140 CAO, the name of the unit to which he is assigned and the data of the head of the unit need to be clarified. Then write a statement to the unit requesting it to record an administrative violation by the service responsible for the road section.

7. An expert examination should also be conducted to determine the nature of the damage to the vehicle and the exact cost of the repairs required to compensate the damage.

When filing a claim, the following documents should be attached to the application itself:

• A copy of the report on the administrative violation of the officials of the road organization or the decision on the involvement of administrators. Liability (without the documents, the court will most likely refuse the claim);
• Copy of the report of the examination of the scene;
• Conclusion of the expert who examined the vehicle (if absent, the court may close the proceedings);
• Photographic evidence and witness statements.

In the case of the above-mentioned package of documents, the owner of the car may sue the road service for material compensation for the repair of the car, as well as for compensation for moral damage if the car has fallen into the pit. https://riyako.com.ua/en/