Today's article will be useful to those who.
The topic is topical, because the roads in Russia are smooth only in winter, the rest of the time - driving a car turns into a real test for the suspension of your car.
Each time, after the first month of spring, one of the problems of the harsh Russian reality is sharply exposed.
In this article:
The process of forming holes on the roads is quite simple. It all starts with a puddle, at the bottom of which a small crack appears in the asphalt.
From the moment of its appearance, this crack is immediately filled with water from a puddle, and then, under the weight of cars passing through this puddle, especially trucks, much more water gets into the crack than it can accommodate, as a result, the water destroys the side walls of the crack completely, and a hole is formed. .
And the more often cars pass through such a newly formed hole, the larger and wider in size this hole will become.
As a result, in a few hours, the pit can turn from harmless to dangerous for a car collision.
I will say that getting into a hole measuring 25-30 cm can already not only lead to a puncture of the wheel, but also to the destruction of the rim.
Can you imagine how it would be a shame if you bought new rollers by the summer, and even for casting, like me, for example, for 30 mowers for my beloved and reliable Japanese friend and then you drive into some kind of puddle, and there ... a pit that damages a brand new wheel on your car.
I don’t know about you, gentlemen, but personally, for the damage to the new rollers of my car, I will find and roll the culprit into the same hole and do all this .. according to GOST.
Standards for pits and potholes are defined in GOST R 50597-93 “Automobile roads and streets. Requirements for the operational state, admissible under the terms of ensuring road safety.
This standard establishes a list and permissible, under the conditions of ensuring traffic safety, limit values \u200b\u200bof indicators of the operational state of roads, streets and roads of cities and other settlements, as well as requirements for the operational state of technical means of organizing traffic.
Note: all requirements of the standard are mandatory and are aimed at ensuring road safety, preserving the life, health and property of the population, and protecting the environment.
The standard is distributed from 01.01.1995. on all operated public roads with cement concrete pavement and any pavement of bitumen-mineral mixtures and on all roads and streets of cities and other settlements.
The requirements established by the standard must be provided by organizations in charge of roads, as well as streets and roads of cities and other settlements.
In the event that the operational condition of roads and streets does not meet the requirements of this standard, temporary restrictions must be introduced on them to ensure traffic safety, up to a complete ban on traffic.
In accordance with clause 3.1.1 of the above GOST,
The pavement of the carriageway must not have subsidence, potholes, or other damage that impede the movement of vehicles at the speed permitted by the Rules of the road.
And according to clause 3.1.2 of the above-mentioned GOST,
Limit sizes of individual drawdowns, potholes, etc. should not exceed 15 cm in length, 60 cm in width and 5 cm in depth.
That is, we understand that if the pit does not fit into at least one of the parameters specified in clause 3.1.2, this is a pit not according to GOST, which means that someone will be responsible for this if your car is damaged damage resulting from a collision with such a pit.
But we will get to the answer to this question. Patience gentlemen.
As for the hatches of the manholes, which are located on the roadway, according to clause 3.1.10 of the above-mentioned GOST
deviation of the manhole cover relative to the coating level by more than 2.0 cm is not allowed.
Here is such an interesting GOST that is currently in effect.
What to do? What to do? Cursing all over the street and cursing the road builders!
I allow. For one and the witnesses of your misfortune, you will collect in this way. Well, jokes are jokes, let's get closer to the body.
What is a pothole collision that caused damage to your car? Yep, guess what I'm getting at? Correctly.
For those who are still frantically trying to grab onto my thought, we open paragraph 1.2 of the Rules of the Road.
"Traffic accident" - 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, cargo were damaged, or other material damage was caused.
In other words, hitting a pit, as a result of which your car was damaged, is an accident in its purest form, without impurities and precipitation.
And you don’t just have to crawl out of the car, change the punctured tire for a spare tire and, cursing at someone incomprehensible, leave the scene of the accident.
Many drivers do just that. It's so easy to justify your inaction, and just laziness, well, admit it to yourself, too lazy to change anything in this life. Too lazy to get out of your comfort zone.
And what? I am wrong? It’s easier to say to yourself: “I don’t have time to look for some kind of justice.”
And only a few conscientious car owners, and even then, mostly those whose damage from a collision with a pit turns out to be quite large in terms of money, try to defend their rights and seek compensation for damage.
But the irony is that the desire to find the culprit and seek compensation for damage to the car is not enough.
You need to move the tomatoes and carefully monitor certain points, which I will discuss below, otherwise your entire battle for justice will turn into a waste of time, nerves and ... money.
I immediately warn those who do not want to go to the end and do not believe in justice - guys, do not read further.
Just when you hit a pit - change the damaged wheel and drive on, endure the broken suspension of your car.
So, you can count on a successful outcome of the case only if you start collecting evidence immediately after the accident.
To get started, follow paragraph 2.5 of the Rules of the Road
In the event of a traffic accident, the driver involved in it is obliged to immediately stop (do not move) the vehicle, turn on the emergency alarm and put up an emergency stop sign in accordance with the requirements of clause 7.2 of the Rules, and not move objects related to the incident.
Attention: do not be fooled by possible offers to draw up an accident scheme on your own and come with this scheme to the traffic police.
If the traffic police begin to refuse to leave you at the scene of an accident, specify the name of the employee with whom you talked on the phone and then call the duty police officer of the city with information that the traffic police refuse to go to the scene of an accident.
The situation will be resolved quickly, but it will take a little while.
So, while the traffic cops are coming to you, do not waste time in vain. Try to find witnesses to your accident and get their consent to confirm the fact that your car fell into a pit.
You need to look for eyewitnesses quickly enough, because after a couple of minutes you won’t be able to find any of the eyewitnesses - they will all disperse, if they stopped to stare at your misfortune at all.
By the way, the drivers of those cars that were following you can be good witnesses. It is these drivers who can provide the most reliable information about the speed of your movement and the actions you have taken.
In addition, the eyewitness driver probably has a DVR that just filmed your car falling into the pit.
A video recorder, in general, is a necessary thing. For example, it is difficult to overestimate his role in business.
Didn't have time to catch such eyewitnesses? It doesn't matter - call friends, relatives, acquaintances - let them drive up to you and see that you are standing near the car, and your car was damaged after hitting a pit or an open hatch.
These indications will be quite enough to prove the consequences of an accident.
By the way, it will be difficult for you to do without friends, relatives or acquaintances in this matter. A little lower in this article you will understand what I mean 🙂
You only need two or three people who would agree to confirm what happened in court. Write down their names, home addresses, phone numbers. Passengers in your car are also considered witnesses.
What if there are no witnesses? This, of course, theoretically does not affect your chances of success, but nevertheless, I recommend that you still get witnesses. So it's somehow calmer, or something, in conditions when you can expect anything from our ships.
After identifying the witnesses, take pictures. Photos can also be taken on the phone, the main thing is that the pictures are clear enough, and the photographing of the scene itself must meet certain criteria.
Why do you need a photo and / or video recording of the scene of the accident and the damage received by your car?
If you do not take a photo / video recording, then the cunning road workers responsible for this section of the road, after they are informed by the traffic police about the fact of the accident, will have time to patch the hole even before you start making any claims for damages.
And it turns out that your car has damage, but in fact there is no pit. This happens all the time in practice.
That's what photo or video recording is for. How do I recommend you take pictures?
Filming the scene from different distances. The first photo is from a long distance of 60-100 meters, to link the accident site to some infrastructure (houses, poles, office buildings, shops, etc.).
It would be ideal if on this photo it will be possible to capture a sign with the name of the street and the house number.
We take the second photo from an average distance (20-50 meters from the accident site).
In this photo, try to capture the overall picture of the accident (for example, was it possible for you to detect a danger in these conditions).
Also, try to make sure that the state registration plate is clearly visible on the car.
In addition, it should be clear from the photo that there are no road signs and fences warning about the presence of a pit.
And finally, dedicate all the remaining pictures to the visible damage to the car and the culprit of the damage (the pit).
Take a close-up photo of the damaged car. As for the pit, you need to photograph it in such a way that its dimensions are clear.
For these purposes, you can use a tape measure, or any other object whose dimensions are extremely clear, for example, an A4 sheet, a balloon key, etc.
Place this item next to the pit so that both it and the pit are in frame.
In no case do I limit you in the number of photos - take as many as you like. The main thing is that from the photographs you take, the information that I indicated above would be clearly traced.
All of the above is true for video filming of the scene.
After the pictures are taken, you can take a breath, but we are not finished with the pictures yet. So far, this is only a semi-finished product, which means nothing as evidence in court.
Surprised? What do you want? So far, your pictures have an indecent look for a trial.
In order to be able to use them in the future to compensate for damage caused to your car, you need to draw up an act of taking photographs or a video filming act (depending on what you did - take a photo or video).
If you took photographs, then in addition to the Act on the production of photographs, you also need to make a photo table.
Do this after you get home. Don't freak out ahead of time!
This is all done quickly and easily, especially since I will give samples of these documents below.
If you carefully read this article, then you probably remember how I stuttered that you cannot do without the help of friends, relatives or acquaintances.
It's time to show the cards. You need these respected people just to compile a photo table, more precisely, to put signatures there.
The thing is that you cannot immediately make a photo table at the scene with the participation of eyewitnesses, and even if you immediately found eyewitnesses after the accident and took their phone numbers and addresses of residence, it is not a fact that you were given reliable information.
Eyewitnesses have also become cunning, they are well aware that they will then be dragged through the courts, and not everyone agrees to waste their time somehow for free.
So, imagine, the next day you made a photo table on your computer, printed it out, and you need to put the signatures of eyewitnesses who were present when photographing the scene.
Agree, it’s kind of dumb the next day to go to an incomprehensible address to eyewitnesses and ask to put your autograph in the photo table.
There is a high probability that you will be sent to hell at best. Another thing - your friends, acquaintances, relatives - here you will not be refused.
Therefore, feel free to enter them (someone from this number - you will need two people) in the Act on the production of photographs, and ask for autographs on each page of the photo table. I give you below
How is the process of drafting the Act?
The owners of highways keep records of road accidents committed on the roads under their jurisdiction, based on the data on road traffic accidents recorded by the internal affairs bodies of the Russian Federation.
Accounting for accidents is also carried out using automated systems for recording, collecting and analyzing information about accidents of the internal affairs bodies.
Submission to road owners of information about road accidents to the extent necessary for compiling the relevant accounting forms is carried out in the prescribed manner.
Who are the road owners? According to clause 3.1.1 of the Recommendations, this
Executive bodies of state power, local administration (executive and administrative body of the municipality), individuals or legal entities owning roads on the property right in accordance with the legislation of the Russian Federation
So, in order to collect and record information about road accidents, according to the Recommendations, these road owners have access (most likely on a contractual basis, but I can’t say for sure) to an automated system for recording and collecting information about road accidents belonging to the internal affairs bodies.
After registering the road accident operational record card, the owner of the road conducts an operational analysis of the photographic materials attached to the card, the report and the act on the inspection of the accident site. If the information about the accident includes an act on the inspection of the accident site with conclusions about the presence of shortcomings in the transport and operational condition (maintenance) of the road network, the owner of the road (road operating organization), if necessary, sends authorized representatives to the accident site for examination identified unsatisfactory road conditions.
The arrival of authorized representatives of the owner of the road (road maintenance organization) to inspect the scene of an accident is carried out no later than 6 hours from the moment information about the incident is received.
Based on the results of the inspection of the shortcomings in the transport and operational condition of the road network at the place of the accident, the owner of the road (road maintenance organization) draws up an “ACT of inspection of road conditions at the place of the accident” (hereinafter ACT), the form of which is given in Appendix B.
The ACT should contain a conclusion about the presence or absence of deficiencies in the transport and operational condition at the scene of the accident, specified in the report on the inspection of the accident site, based on the results of assessing their characteristics using instrumental measurements, including mobile road laboratories equipped with unified, metrologically certified equipment , means of photo and video recording.
Photo materials are attached to the ACT about the identified shortcomings in the transport and operational state of the UDS at the place of the accident. The number of photographs for each of the identified deficiencies should be at least five, incl. close-up photographs must be available.
The ACT indicates a list of measures to bring the operational state of the road or street in line with the requirements of regulatory legal acts and the timing of their implementation, if necessary, determine other measures to prevent accidents.
The ACT is drawn up in two copies, approved by the owner of the road. The second copy of the ACT is sent to the relevant subdivision of the State traffic inspectorate at the regional level no later than 18 hours from the date of registration of the operational record of the accident.
It was not in vain that I quoted the entire paragraph 5.3 to you.
It deals with two completely different Acts. The first is compiled at the scene of an accident by a traffic police officer. The second is compiled by the road maintenance organization.
As such, there is no document that would fix the duty of the IDPS to draw up an Act on the inspection of the scene of an accident. In any case, I have not found such a document.
But in practice, it is the IDPS who arrive at the scene of the accident first, and “in the old fashioned way” draw up an Act for examining the scene of an accident.
Of course, they should be asked about it, put pressure on them, threatened with calls to the ATC duty officer, calls to the security service, etc. otherwise IDPS will not move.
But in any case, this Act must clearly reflect the road conditions at the scene of the accident.
Because the specifics of court cases in this category (compensation for damage caused to your car as a result of hitting a pit) requires you to prove that road conditions do not meet the requirements of GOST.
For this, it is necessary that the traffic police inspector draw up an act of inspection of road conditions.
In fact, this is the basis on which all other evidence of the guilt of the road services will be built.
It is also possible that, upon arrival at the scene of an accident, the inspector, instead of drawing up a protocol on an administrative offense under Art.
If there is a danger to traffic that the driver is able to detect, he must take all possible measures to reduce speed until the vehicle stops.
What to do in this case?
Paragraph 10.1 of the SDA speaks of such a danger that the driver is able to detect. But your case is different.
The driver is not able to see the pothole, which is not marked or fenced in any way, especially when the hole, the pothole is in a puddle and hidden in the water.
Here, even if you drive at low speed, you can pierce the wheel (depending on the pit, of course).
Or here's another example: the dark time of the day, poor lighting of the roadway.
As a result, the holes are hardly noticeable.
Or, for example, you are moving behind a truck. The truck drove through the pit, he didn’t care.
But your passenger car, having driven after him into the same hole, was damaged.
And in this case, there is also no violation of paragraph 10.1 of the SDA on your part. Do you get the idea?
That is, you need to prove in this case that the obstacle appeared in front of you suddenly, and you did not have the technical ability to prevent it from being hit.
The photographs that you take and which will capture the facts of the absence of road signs and fences will help you with this.
If the traffic cop does not want to listen to you at all and continues to mumble that you have not complied with clause 10.1 of the traffic rules, call the city police department on duty, then the duty officer in the regional traffic police and the city's security police service - and do all this so that IDPS, who accuses you of violating clause 10.1 of the SDA saw and heard all this.
This is a psychological moment. But it does not work on all IDPS.
In a telephone conversation, introduce yourself, name your contact details, address of residence and briefly inform that today at such and such an address, such and such a traffic police inspector, possibly acting in a preliminary conspiracy with the road maintenance service, refuses to issue the necessary documents for you for subsequent reimbursement property damage caused to you, arguing that you allegedly did not comply with the requirements of clause 10.1, while evidence of non-compliance with the specified clause by the traffic police inspector was not presented.
Point out that the intentional actions of the IDPS contribute to the fact that in the future you will not be able to compensate for property damage.
If IDPS remains unperturbed even after your phone calls, then you will have to file a complaint against his actions (you can go to the prosecutor's office, you can go to the regional traffic police).
In fact, here is a very important point on which the success of your event will depend.
If the IDPS does not indicate to you that you have violated clause 10.1 of the traffic rules, then everything is in order and your task is only to make sure that the IDPS draws up all the necessary documents that I wrote about above (with the exception of the decision on the case and the certificate of the accident - you will not receive them on the spot accident, and in the traffic police itself after a while).
If the IDPS mutters about non-compliance with the requirements of clause 10.1 of the SDA, then your further actions will not come down to what is written later in this article, but to appeal against the actions of the traffic police inspector as illegal, violating your right to compensation for damage caused.
After all, in fact, if the IDPS has such a position that it is you who are to blame, then it simply will not draw up a protocol on an administrative offense provided for by Article 12.34 of the KRFoAP, which means that they will not draw up an Act of inspection of the accident site either.
In fact, this means that you will not be able to prove the guilt of those responsible for causing damage to your car in court.
Yes, of course, if we start talking about non-compliance with clause 10.1 of the Rules of the Road, you can file a complaint, but even if your complaint is satisfied, what's the point?
It will take about two weeks (if not more) from the moment you flew into the pit and finally received a positive decision on your complaint.
And by this time, the pit, for example, has already been patched up by road builders.
Yes, of course, you have a photo table, there is an Act on the production of photographs, but there are no main documents - a protocol on an administrative offense in relation to the road maintenance service, a decision on an administrative offense case and, of course, an Act of inspection of road conditions.
That is, for example, your complaint was satisfied, it became clear that the inspector was wrong. Well, it seems like he needs to draw up an act of inspection of road conditions, because you insisted on this.
Well, he will arrive at the scene of an accident, after a couple of weeks, the pit is sealed up, and he will write about this in the Road Conditions Inspection Act. You will still be fools.
And on some pictures you don’t shine in court, take my word for it.
Therefore, we received a turn from the traffic cop from the gate, like, it’s my own fault, I didn’t comply with the requirements of clause 10.1 of the traffic rules - it’s better to just swear like a human being and ... forget about compensation for damage, and it doesn’t matter how much you approximately flew from falling into the pit.
You will not prove the guilt of the road services in court, but you will still spend money and time on all this! Listen to what a practicing lawyer tells you, instead of reading auto-forums and all sorts of legal shitty websites with pop-up windows like “Hello, I’m Vasya Pupkin, your lawyer is ready to advise you for free.”
These are the realities today, folks. The solution to your problem, I repeat, is entirely in the power of the traffic police inspector.
If you understand this, good. If not, then you still have something to be surprised.
Got it sorted out. Suppose that the IDPS turned out to be a good man (there are such people in the traffic police and there are quite a lot of them - do not be surprised at this). What do we do next?
In order to determine the person responsible for damaging your car, let's look at a couple of federal laws. So, in accordance with Part 2 of Article 12 of the Federal Law “On Road Safety”
The obligation to ensure the compliance of the condition of roads during their maintenance with the established technical regulations and other regulatory documents rests with the persons involved in the maintenance of highways.
So far nothing is clear, right? What does road maintenance mean? Who are the people involved in the maintenance of highways?
In accordance with Article 2 of the Technical Regulations of the Customs Union TR CU 014/2011 "Road Safety"
"maintenance of the highway" - a set of works to maintain the normative technical condition of the highway, as well as to organize and ensure road safety.
As you probably know, there are federal, regional and local roads. What? Is this the first time you hear this?
Well, then let's open America Federal Law "On Highways and Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation."
In part 1, article 5 of the above-mentioned law, a classification of highways is given.
Highways, depending on their significance, are divided into:
1) highways of federal importance;
2) motor roads of regional or intermunicipal significance;
3) motor roads of local importance;
4) private highways.
Now, let's turn to the Rules for organizing and carrying out work on the repair and maintenance of expensive federal significance, approved by Decree of the Government of the Russian Federation of November 14, 2009 No. No. 928.
According to paragraph 4 of these Rules
The organization of work on the repair and maintenance of roads in relation to roads that are in the operational management of federal state institutions is carried out by these institutions, and in relation to roads that are in trust management of the State Company "Russian Highways" - by the State Company "Russian Highways" (the so-called Rosavtodor)
Here are the persons responsible for the maintenance of federal highways.
As for other types of roads indicated in Art. 5 of the Federal Law "On highways and road activities in the Russian Federation ...",
then the procedure for their maintenance is established, respectively, by the regulatory legal acts of the constituent entities of the Russian Federation and municipal legal acts.
Therefore, the perpetrators will be different in different regions of the Russian Federation - I think you understand this.
To make it even clearer who exactly to attract as a guilty person, let's look at paragraph 7 of Article 3 of the Federal Law "On Highways and Road Activities in the Russian Federation ..."
owners of highways - executive bodies of state power, local administration (executive and administrative body of a municipality), individuals or legal entities owning roads on property rights in accordance with the legislation of the Russian Federation. In the cases and in the manner provided for by federal law, the powers of the owner of motor roads may be exercised by the State Company Russian Highways in respect of motor roads transferred to it for trust management;
In other words, full responsibility for property damage caused to you as a result of your car hitting a pit, the dimensions of which do not meet the requirements of GOST R 50597-93 “Motor roads and streets. Requirements for the operational state, admissible under the terms of ensuring road safety " will be borne by the owner of the road section where the accident occurred.
Also from paragraph 2 of Art. 28 of the Federal Law "On highways and road activities in the Russian Federation ..." it follows that
Road users have the right to receive compensation for damage caused to their life, health or property in the event of construction, reconstruction, overhaul, repair and maintenance of roads due to violations of the requirements of this Federal Law, the requirements of technical regulations by persons engaged in construction, reconstruction, overhaul, repair and maintenance of roads, in the manner prescribed by civil law.
How can you find out the specific owner of a specific highway in your city, village, etc.?
And there is really nothing complicated here. You just need to contact the traffic police. That is, the specific owner of the road is established by the traffic police.
The easiest way is to find out the details of the guilty organization if, in relation to the culprit, the traffic police have already drawn up a protocol on an administrative offense under Art. 12.34 of the KRFoAP.
If for some reason the traffic police cannot identify the owner of the road section, which is extremely rare, in such cases I advise you to contact the prosecutor's office with a complaint about the traffic police's inaction in identifying the culprit.
Well, the culprit was identified with the help of the traffic police or when the prosecutor's office was connected. What do we do next?
Important: before you fuss further, you should get a certificate of an accident from the traffic police department, as well as a copy of the protocol on an administrative offense under Art.
You are probably wondering why I didn’t indicate that you also need to request an Act of inspection of the accident scene, which was drawn up by a traffic cop at the scene of an accident?
And here everything is simple - the Act remains in the material collected by the traffic police, and then all the same, we will file a petition with the judge for the recovery of all case materials from the traffic police.
Therefore, this Act will not go anywhere - do not worry.
Only after that we proceed to the next stage of compensation for damage, namely, the assessment of the cost of restoring your car.
You contact any of the appraisal organizations in your city, agree on the place, date and time of the inspection of your car and then notify the culprit of the date, time and place of the assessment of the cost of the restoration repair.
This can be done either by sending a telegram, or by bringing an “invitation for inspection” to the office of the culprit.
In this case, just make sure that on your copy of the invitation the secretary or the corresponding employee of the organization-culprit puts you a stamp with the incoming number so that you have evidence of the notification in your hands.
As for the text of the invitation, there is nothing complicated. You can use like this
Director of Zadelka Koldobin LLC
Anikeev A.A.
000000 Deplorable
st. Throwers 29
NOTIFICATION
I hereby inform you that on 04/15/2016 at the address: Plachevny, st. Snegirey 29, at 10.00, an appraiser from Otsenka-Prime LLC, in order to determine the cost of refurbishment, will inspect the Scoda Octavia state registration mark С000СС00RUS, which suffered as a result of an accident that occurred on the street. Blue Sparrows 28.03.2016
Please come personally to the place of inspection or send a representative with a duly executed power of attorney.
In case of non-appearance by the specified time, the inspection will be carried out without your participation.
Sincerely, Leopold Kudasov.
After the inspection, the appraiser will draw up a report on the assessment of the cost of restoring your car in a couple of days, and after that you can already proceed to the next step, namely:
Almost every site that describes in one way or another the process of compensating for damage caused to your car as a result of hitting a pit indicates that the next step after the assessment is sending a pre-trial claim to the organization responsible for causing damage to your car.
I deliberately do not indicate this step, because it is meaningless. Why? Because,
a) the pre-trial procedure for resolving a dispute in such cases is not provided for by law;
b) no one will voluntarily pay you money;
c) as a generalization of points "a" and "b" above - handling a pre-trial claim is a waste of your personal time and, possibly, nerves and money.
Therefore, I say again, we received an Appraiser's Report on the cost of restoring your car, checked for documents from the traffic police confirming the fact of an accident (I wrote about them earlier in this article, if you forgot, go back and read it again) - after that we move to court.
The question is which court? In accordance with Article 28 of the Civil Procedure Code of the Russian Federation
A claim against an organization is filed with the court at the location of the organization.
In accordance with clause 5 of part 1 of article 23 of the Civil Code of the Russian Federation
As a court of first instance, a justice of the peace considers cases on property disputes, with the value of the claim not exceeding fifty thousand rubles.
If the price of the claim is more than 50,000 rubles, you need to file a claim with the appropriate district or city court.
When filing a claim, you must pay the state fee, do not forget about it. You can see the amount of the state duty in Article 333.19 of the Tax Code of the Russian Federation.
In court, you, as the Plaintiff in the case, must prove the following facts:
Will it be possible to prove all this? Get a court decision in your favor. If you fail, your claim will be denied. With this, everything is clear.
Surely, you have a question - and how to prove all these circumstances listed above?
The answer is simple - you need to correctly draw up a statement of claim. Below I present to you my working and proven version of the claim.
You can easily get the full text of the statement of claim submitted by me in Microsoft Word format (file with .docx extension).
The cost of my sample statement of claim is purely symbolic 320 rubles.
The catchphrase that there are two in Russia: troubles are fools and roads is relevant to this day. And if you can still argue with the first, then it will not work with the second problem. Every year, especially in spring, one can see pits of various depths and widths on domestic roads. As a result, torn wheels, a bent axle, a disk, a pierced suspension, a torn off bumper, a muffler.
Unfortunate motorists with a frustrated face calculate the cost of the upcoming repairs and curse the road services, which in the summer put the roads in order and patched up the pits. But it is clear that either the bitumen is not the same, the asphalt crumb is not the same, or there was a lot of rain in the autumn, or there were terrible frosts in the winter, or the cars were too heavy to drive - so the road surface could not stand it.
The invincible pits are back again, and with them the risk of vehicle damage. Is it possible to find the perpetrators and call them to account? Is there a way out?
By following simple precautions, you can completely eliminate the possibility of damage to the car:
What if all the precautions were taken, but the trouble did occur? You fell into a hole and damaged your car. Of course, this is very unpleasant, but in any case, the law is on your side. Call the traffic police, fix the accident and, if necessary, feel free to go to court.
Rules of the road of the Russian Federation, paragraph 1.2, give the following definition of an accident: "Road traffic accident" - an event that occurred in the process of moving a vehicle along the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or another material damage".
As a result of a road defect, the car was damaged, you, as the owner, suffered material damage. This case falls under the definition of an accident. Due to the fact that the traffic accident did not occur as a result of a collision between two vehicles and there is no other side of the incident, it is impossible to do without the arrival of the traffic police (the rule of the euro protocol). Therefore, feel free to call 112 and wait for their arrival.
The traffic police inspector must make the necessary measurements of the pit, its length, width, depth. And if at least one of the parameters is higher than the maximum allowed by law, then it is possible (and necessary!) To bring the guilty organization, officials of road operating organizations to justice (Code of the Russian Federation on Administrative Offenses Article 12.34).
Failure to comply with the requirements for ensuring road safety during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures) and compensation for damage incurred by the driver. (Civil Code of the Russian Federation Article 1064. General grounds for liability for causing harm).
Permissible sizes of pits on the roadway are regulated by the State Standard of the Russian Federation GOST R 50597-93 “Automobile roads and streets. Requirements for the operational condition permissible under the conditions of ensuring road safety "(adopted by the Resolution of the State Standard of the Russian Federation of October 11, 1993 N 221)
Clause 3.1.2. Limit sizes of individual drawdowns, potholes, etc. should not exceed 15 cm in length, 60 cm in width and 5 cm in depth. If the coating does not meet the standards, then road signs should be posted, and at night or in conditions of poor visibility, a barrier with warning signal lights.
Sewer hatches must be tightly closed. According to 3.1.10 Manhole hatches must comply with the requirements of GOST 3634. Deviation of the hatch cover relative to the coverage level by more than 2.0 cm is not allowed. three hours.
If you got into a hole in a car, you need to:
The size of the pit, other defects in the road surface, the direction and length of the braking marks, a detailed description of the damage to the car, binding to the roadside must be indicated. Testimony of witnesses, an explanation of the driver must be attached to the protocol.
In the explanatory note, it must be indicated that the obstacle appeared suddenly, it was not possible to avoid a collision, so you cannot be accused of non-compliance with clause 10.1 of the traffic rules of the Russian Federation. According to it, the driver must drive the vehicle at a speed not exceeding the established limit, while taking into account the traffic intensity, the characteristics and condition of the vehicle and cargo, road and meteorological conditions, in particular visibility in the direction of travel.
The speed must provide the driver with the possibility of constant control over the movement of the vehicle in order to comply with the requirements of the Rules. If there is a danger to traffic that the driver is able to detect, he must take all possible measures to reduce speed until the vehicle stops.
The type of insurance will determine the next steps. Well, if you have CASCO. Then, having received a certificate of an accident at the scene or in the traffic police department, you need to contact your insurance company for compensation.
It is more difficult if you have an OSAGO policy. You will have to use the services of an independent insurance company. Its experts will establish the damage and make a calculation of their elimination. Moreover, the repair of the car will have to be postponed until the end of the examination, and in the case of going to court, until a court decision is received.
The next step is to determine the organization serving this section of the road. Information can be obtained either from the employee who draws up the accident, or from the traffic police inspector for organizing traffic. As a last resort, contact your local authority. Be prepared for the fact that you will not immediately find the responsible legal entity and this may be difficult. No one wants to answer and will "translate the arrows."
When the details of the guilty organization are established, it is necessary to call its representative to participate in the examination of the vehicle. Be sure to do this by letter or telegram with notification.
The absence of notified representatives at the examination will not affect its legality in any way, but in court it may give an advantage to the injured party. Of course, the perpetrator of the incident may not agree with the results of the expert opinion, this is his right. Collect materials, record everything and write a pre-trial claim.
If the amount due to you is not large, then there is a chance to get it calmly, without going to court. If not, the repair of the car will have to be postponed until the end of the trial (an additional examination may be ordered).
And although in 90% of cases the law is on the side of drivers, many prefer not to seek justice. Too much effort, it takes time, it's easier to replace the wheel or disk yourself. Such impunity for the disgusting work of road services leads to the sad constancy of pits on our roads.
After the defendant has been found, it is necessary to establish the amount of damage caused - to make an independent technical examination (now there are many such institutions that provide such services).
It is carried out in the presence of representatives of the accused party, about which the management of the organization is notified by letter indicating the place and time of its conduct. The fact of receiving an invitation is important, so the letter must be registered with a notification. But the representative will come for examination or not - it does not matter for the injured party.
In order to be firmly confident in compensation for damage through the court, it is necessary to collect a package of documents that is guaranteed to confirm the guilt of the road services. To do this, we call the traffic police crew by calling the toll-free number 112. In anticipation of their arrival, you need to find witnesses to the incident, write down their contact details and testimony, take photographs of the pothole, the surrounding area, damage to vehicles from different sides.
After the arrival of the traffic police and drawing up the protocol, check the correctness and reliability of the information indicated in it. Pay special attention to the size of the pit, they will be the decisive factor in court.
The procedure for applying to the court involves voluntary compensation for damages by the defendant. To do this, the injured party sends a pre-trial demand by registered mail with notification (mandatory) (copies of the case materials must be attached). If, within the time specified in the claim, the material damage is not compensated, you can go to court, and you will have to pay a state duty.
The secretary will set the date for the trial. He will notify you and your respondent in writing. You can defend your interests by using the help of a lawyer, or you can represent yourself in the trial yourself. It all depends on the degree of self-confidence and knowledge of the law. In the event of a positive court decision, all expenses for the state duty, independent technical expertise, and services of a lawyer will be fully reimbursed by the defendant.
The trial could have been avoided if the car had been insured under the CASCO policy. Then, to compensate for the damage, it is enough to get a certificate of a traffic accident from the traffic police. Under certain conditions of the contract, even it would not be needed!
To apply to the court for the recovery of the amount of damage suffered from the defendant, it is necessary to collect documents about the accident, obtain the results of an independent technical examination, and pay a state fee.
Its size is determined by the Tax Code of the Russian Federation (Part 2, Section VIII, Chapter 25.3):
Details for paying the state fee can be found on the website of the court to which the documents are submitted, its payment by the plaintiff (injured party) is mandatory. The state duty will be returned by the defendant along with other expenses in case of a positive court decision.
As a rule, when going to court, justice is on the side of the drivers. Monetary damages for damages, costs of examination and litigation are fully refundable. The financial side of the issue is being resolved satisfactorily. But you need to be prepared for the fact that the victim will not be able to repair and drive a car until a court decision is made.
The driver will have to spend a lot of time and effort on collecting documents, identifying the defendant, conducting an examination, so you can understand those who, with minor damage, solve the problem on their own. Does not look for the guilty and does not call for responsibility. Perhaps that is why pits on our roads will “please” the eyes of drivers for a very long time and cause their “funny” remarks.
What could be worse for the roadway than the onset of spring! As statistics show, during this period, the emergency situation increases, one of the reasons for which is the negligence and negligence of road maintenance services. We asked driving instructors What is the difference between driving in winter and driving in spring. All of them unanimously declare that in the spring the cost of repairing a car increases significantly.
Many are familiar with the situation when the wheel of the car gets stuck in a sewer manhole or falls into a hole in the road. In general, road authorities should warn drivers of such dangers with appropriate traffic signs. That's what the traffic rules say. But in reality this is far from the case. According to car instructors, for many motorists, getting into a hole on the road has become quite commonplace.
Most often, motorists do not want to waste time and solve the problem on their own: instead of a punctured wheel, they put a spare tire, and subsequently repairs a loose chassis.
However, experts advise not to rush to repair on the spot, but to contact the insurance company or the court. An accident due to poor road condition is considered the most difficult case for damages. However, "shake off" money from the administration of the district or the road builders is already a matter of principle.
The first thing to do if you find yourself in a hole in the road is to assess the current situation. Remember that damage to a car due to hitting some kind of bumps is considered an accident, although often traffic police officers stubbornly insist on the opposite. Carefully inspect the pit, if possible, take measurements of it. The size of the pit according to GOST should not exceed 15 cm in length, 5 cm in depth and 60 cm in width. Everything else must necessarily be marked with reflective barriers or road signs.
Do not forget to find two or three witnesses to the accident, take their contact information. The passengers of your car can also act as witnesses.
Try to find out which organization is responsible for this section of the road. It is best to call them immediately and invite them to the scene of the accident. If you record the conversation on a voice recorder, it will only be a plus.
The next step is to call the traffic police. While you are waiting for them, you can take pictures of the accident site and the resulting damage to the car from all sides. It is recommended to attach the photo to some objects on the road, such as buildings or trees. The traffic police officer who arrived at the scene must draw up a report and a scheme of the accident. The materials should reflect the damage received, the absence of warning signs and the size of the pit.
If you do not agree with the protocol drawn up (for example, traffic cops are trying to blame you for what happened), then we write in the document “I do not agree with the protocol” and put our signature.
In this case, you can draw up your own accident scheme with explanations, links to photos; We add witnesses there. Remember that the protocol drawn up by the traffic police can be appealed within ten days. Another important detail: ask the traffic cops for the Act on the identified shortcomings in the maintenance of roads. If such an act was not issued to you, then this is already an offense on the part of traffic cops.
The next step is to assess the damage. To do this, you can contact the appraisal company, after which you should write a claim to the road service. Although in this situation the law does not provide for pre-trial regulation of the dispute, in the future it will be regarded in your favor.
When applying to the court, the main thing is to correctly draw up a statement of claim and legally prepare for the proceedings.
Winning such a case, of course, is not easy, but, as practice shows, it is quite real.
Video that in the capital you can get into a pit and damage a car:
We wish you an easy road and fewer holes on the way!
The article used an image from the site digital-voice.ru
Case No. 2-527/2014
DECISION
In the name of the Russian Federation
Border District Court of Primorsky Territory composed of judge Sviridova I.G.,
under Secretary Yatsuhno 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
U t a n o v i l:
Claimant FULL NAME18 A.The. appealed to the court initially to the two defendants of the Administration of the Pogranichny municipal district and the Administration of the Pogranichny urban settlement for compensation to him 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 01:15 he was driving a vehicle belonging to him on the right of ownership of the model "MersedensBenz S 500" state. No. No., moving along the central road 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 noticeable blow, knock, his car leaned over, he found that the car with the front left wheel fell into a hole in the road surface of the turn with any warning signs The roadway did not indicate this obstacle, he called the traffic police officer of the traffic police of the Ministry of Internal Affairs, 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 shortcomings in the maintenance of the road, road structures and technical means of organizing traffic, in the protocol of inspection of the vehicle only its external damage was recorded: the front left wheel was lowered, the mudguard of the left front wheel was torn off, when lifting the vehicle from the pit, the windshield cracked . 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. Rosgosstrakh LLC.
According to the examination № from DD.MM.YYYYg. an expert of the Judicial Expertise Center Region-25 LLC, confirmed an inspection of the damage to his vehicle, the roadway at the turn between houses 31 and 33, confirmed a causal relationship, and also identified the following defects: a 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, occurred due to the front left wheel of the car falling into a road pit measuring 1 x 0.4 x 0.4 m, exceeding the allowable limits for FULL NAME15 50597-93 "Motor roads and streets", according to which the maximum size of individual drawdowns, potholes, etc. must 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 regulatory and technical documentation (clause DD.MM.YYYY and clause 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 restoring the plaintiff's car in the amount of RUB. 93 kop. (taking into account depreciation), the plaintiff asks to recover this amount from the defendants, expert assessment services, rubles, gasoline services when traveling to an expert, taking him to the accident site and back, expenses for photocopying documents, rubles, legal costs, rubles, expenses for 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, the accident occurred within the boundaries of the settlement, therefore, the defendants are the local authorities in charge of this section of the road, on which DD.MM.YYYYg. an accident occurred.
At the hearing the plaintiff LёFIO1 and his representative lawyer FULL NAME3 (warrant № №, certificate № №) supported their requirements in full, LёFIO1 explained that 22.07.14g. he was driving at night, driving along, he remembered that he had forgotten the keys to the house, began to turn around from the courtyards of the houses, it was heavy pouring 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 yard and return to, but he felt a strong blow on the front of the car, as it turned out, he drove into the pit with the left front wheel, immediately called the traffic police traffic police, who arrived and compiled an accident report , the rain had subsided 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 for a while he examined this pit, which was about 60 cm deep, took a picture of it, there were leaves and all sorts of debris at the bottom, 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 proxy 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 is not a road, according to his assumption - this is the entrance to the courtyard to residential buildings, sort of like a house adjoining territory, for the condition of which residents, homeowners, represented by their management companies, are responsible. OAO UK "Uyutny Dom" and OAO ZHOU "Upravddom", which serve houses No. and 33 in. Currently, this section of the canvas has been repaired, the pit has been asphalted, by whom - does not know.
The representative of the defendant, the Administration of the Border Urban Settlement, FULL NAME5, by proxy, did not recognize the claims and explained that this site, on which there was a pit, is a local area (entrance to courtyards, and not an exit from the road) and is not a highway, 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 Roads and Road Activities", local governments are not assigned the authority to repair courtyard areas and inter-quarter driveways, entrances to courtyards, this site 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 improper specialist, the amount of damage was overstated.
The representative of the third party MUP "Kommunservis" director FULL NAME6 explained that this site is not under the jurisdiction of his enterprise, and the houses and the adjacent territory of residential buildings 31 and 33 are serviced by the management companies "Uyutny Dom" and "Management House".
The representative of a third party on the side of the defendants of the Department of Road Facilities 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 significance was determined by a resolution of 26.11.12. No. 357-pa, the highway along in in the area of houses 31 and 33 is not included in the list, this road is a local highway.
The representative of a third party on the side of the defendants of OAO Uyutny Dom Management Company, represented by Deputy Director FULL NAME7, by proxy, explained that this Criminal Code really serves an apartment building (agreement and diagram are attached), while a plot of land of 5 m is served from the outside of the house ( from the front wall to the sidewalk), and from the end wall between house 33 and house 31 (where the UK ZHOU "Upravddom") the site is divided in half in the middle of the center line of the passage, the pit is located outside the boundaries of responsibility of the UK "Uyutny Dom".
The representative of a third party on the side of the defendant of the Criminal Code "Uyutny Dom" director FULL NAME8 the claims of the defendants recognized and explained that local governments are responsible for this section of the road, in particular, the administration of the Border Urban Settlement in accordance with paragraph 2.2 of section 2 of the Rules for Improvement ..., a car with a wheel fell into the collapse of a storm sewer, which is part of a local highway. According to the Rules for the improvement of the territory of the Border Urban Settlement No. dated May 30, 2012. p.2.7 house territory is a land plot adjacent to the house, including courtyard sidewalks, green spaces, households. and children's sports grounds, etc., while exits and entrances to multi-apartment residential buildings are not included here, therefore, a disputed area with a pit is no longer a house adjoining territory. 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 facilities and other objects owned or used by an individual, individual entrepreneur or a legal entity; c there are no residential premises of a legal entity or an individual entrepreneur, there all premises are residential in which individuals live, as in c. 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 highway, he personally announced this pit at a meeting of the headquarters DD.MM.YYYYg. in preparation for the heating period (2.5 weeks before the accident), when he, in the presence of services, incl. defendants, reported a defect in the road, but no measures were taken to eliminate it, the janitor of the Uyutny Dom management company inserted a branch into the hole during cleaning to mark it for car drivers (the photo was published in the local media following a complaint from residents), according to the scheme, 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 in the pit, part of the storm tray (storm sewer), trays (concrete U-shaped structures) were laid with slabs in the previous year, and then paved, the disputed section of the road (exit) is within the boundaries of the defendant's responsibility, because the intra-quarter passage relates to the road and the damage for the accident should be borne by the Administration of the Border Urban Settlement.
The representative of a third party on the side of the defendant Ltd. « Housing management organization « Upravdom» director FULL NAME9 recognized the claims of the plaintiff, explaining that the Criminal Code serves, while the section of the road on which the accident occurred is not located on the border of the responsibility of the management company., t.to. this is an intra-block passage, the road of which leads to several residential buildings, since someone unknown after an accident repaired this section (filled in a hole), thereby clogging a 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 respondent MKU "Economic Department of the Border Urban Settlement" represented by the director FULL NAME10 did not recognize the claims and explained that there is no storm sewer in the disputed area where the pothole is located, for the condition of which his organization is responsible, "storm water" is a hydraulic structure designed to discharge water from atmospheric precipitation, made of capital materials: reinforced concrete, brick, to the question of the court: why there is reinforcement and part of the concrete structure in the pothole, I could not explain anything, 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 laid the reinforced concrete. slab through a ditch and asphalted, he does not know, he believes that this section can be called a mezhdomovoy 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 traffic police department of the traffic police department of the Ministry of Internal Affairs, at night after 24 hours a message was received that the plaintiff's car had fallen into a pit, having arrived at a call between houses 31 and 33, he saw with his partner Pozhidaev a LeFIO1 car standing behind the pit, it was raining, the driver explained that he was driving between two houses , turning off the road, hit the left front wheel in a pothole on the road, the partner drew up an accident diagram, there is no street lighting, with the help of a flashlight they examined the car (a flat tire), a pit, measured its dimensions with a tape measure, found that a failed slab lies in the area of the pit, as a result of which a pothole was formed 60 cm deep, 1 m wide and 50 cm long, the pit was clogged with debris, I didn’t examine the car more carefully, I wrote out an order to bring to the attention of road supervision, earlier there were no accidents involving this pit, LeFIO1 was not found guilty in an accident that occurred due to improper maintenance of the roadway, which the witness regards as a roadway, no prohibition signs, concrete blocks, there were no barriers to entry into the yards.
Witness FULL NAME11 explained to the court that as a result of an accident at about 24 hours on and 33 on the plaintiff's car was damaged, about which the traffic police inspector FULL NAME14 drew up an accident diagram, and he, the witness, examined the damaged vehicle LeFIO1, his car in the dark drove its front wheel into a pit, 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 admits that these slabs lay on a pipe, two days later someone filled this pit , an act was drawn up, which was handed over to the platoon commander, and he had 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, a tire was flat, a visual inspection of the car was made, an accident diagram was drawn up with reference to the pit.
Witness FULL NAME12, the chief specialist of the 2nd category in housing and communal services of the Border Urban Settlement, explained to the court that houses No. 3 and 33 were built in the 80s, perhaps then concrete slabs were laid for builders, as a temporary passage, under them - a void, which asphalted on top, and not completed, believes that this is an omission of the district administration, this is not a structure, not a bridge, not a driveway, but a temporary driveway connected to the highway, which had to be either immediately removed or done thoroughly, the witness had seen it on there was a small hole in this section, which had to be eliminated in a timely manner, but no restrictive signs or blocks were put up, cars constantly drove along the indicated 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 claims justified and subject to satisfaction in full on the following grounds:
I DECIDED:
Satisfy claims in full.
To collect from the Administration of the Border Urban Settlement in favor of LeFIO1 material damage, consisting of the cost of restoring the vehicle in the amount of RUB. kop., as well as services for the assessment of the vehicle rub., services for gasoline rub. cop., the cost of photocopying documents rub., legal costs rub., return paid by the plaintiff state duty rub., and all in the amount of rub. 73 kop.
The decision can be appealed to the Primorsky Regional Court through the Border District Court within 1 month.
Judge I.G. Sviridova
Judicial practice on the application of the norm of Art. 1064 of the Civil Code of the Russian Federation
DECISION
In the name of the Russian Federation
Leninsky District Court of Orenburg, Orenburg Region, consisting of:
Presiding Judge Bugar M.N.,
Under Secretary Boldinova M.A.,
With the participation of: the plaintiff Fedyashin Alexander Vladimirovich, his representative Baryshnikov Mikhail Gennadievich,
The representative of the defendant Chikrizova Ksenia Andreevna,
Representatives of a third party Vera Vladimirovna Gredneva, Evgeny Nikolaevich Panin,
Having considered in open court a civil case on the claim of Fedyashin Alexander Vladimirovich to the Department of Construction and Road Facilities of the Orenburg City Administration for damages,
U t a n o v i l:
Fedyashin A.V. filed a lawsuit against the Department of Construction and Road Facilities of the Orenburg City Administration (hereinafter referred to as USDKh of the Orenburg City Administration) for damages. In support of his claims, the plaintiff pointed out that ... in Orenburg there was an accident involving his car “...”, the state registration plate ..., driven by Fedyashin A.V., the car ran over a pothole on the road parts resulting in damage to the vehicle.
The act of identifying deficiencies in the maintenance of roads, road structures and technical means of organizing traffic, drawn up by the traffic police, found that the size of the pothole (failure) exceeds the size of the allowable values provided for by GOST.
According to the independent appraisal report, the cost of restoring the damaged plaintiff's vehicle was, taking into account wear and tear, ... rubles.
The plaintiff asked the court to recover from the defendant the sum of the restoration repair of the car in the amount of ... rubles, the appraisal costs in the amount of ... rubles, the costs of paying for the representative's services in the amount of ... rubles, the state fee in the amount of ... rubles.
The plaintiff Fedyashin A.V., his representative Baryshnikov M.G., acting on the basis of a power of attorney from ..., at the hearing supported the claims, asked the court to satisfy them. They also asked to recover the costs of issuing a notarized power of attorney in the amount of ... rubles. The plaintiff on the merits of the claim explained that .... he was driving his car “...”, state registration plate N, but ..., felt a blow, slowly stopped, got out of the car, put up an emergency stop sign, called the traffic police. Found damage to the left front wheel. On the road I saw a hole about 1 meter x 1 meter in size, there was water in the hole, the depth was 15-20 centimeters. In court, the plaintiff confirmed that the scheme drawn up by the traffic police officer corresponds to all the circumstances of the case.
The defendant's representative, Chikrizova K.A., acting on the basis of a power of attorney dated ..., at the hearing, objected to the satisfaction of the claim in full on the grounds set out in the written response. She asked the plaintiff to dismiss the claim, as he did not prove to the court the defendant's guilt in causing damage.
Representatives of a third party of IDGC of Volga, JSC - Orenburgenergo V.V. Gredneva, acting on the basis of a power of attorney dated ..., .... acting on the basis of a power of attorney dated ..., in court against satisfaction of the claim also objected, since the damage to the roadway was not confirmed, the scheme of the accident was drawn up incorrectly, and the plaintiff did not provide other evidence.
Interrogated at the hearing N. as a witness .... explained to the court that he was a senior inspector of the traffic police of the ORDPS of the Orenburg Ministry of Internal Affairs. B .... prepared the material on the fact of an accident in ... Orenburg. Arriving at the scene, I saw a car with a damaged left front wheel. I saw a hole with fragments from the car, a failure on the roadway, partially flooded with water. The dimensions of the pit were approximately 1 meter x 1 meter, more than 15 centimeters deep. In the Act, he indicated that the pit did not comply with GOST, but did not indicate the dimensions of the pit. He clarified that he often draws up such Acts, he never indicates the dimensions of the pit. In an offsite court session....witness....explained that he draws up from 5 to 8 accidents a day. Circumstances of the accident from .... clearly does not remember. He was on duty alone, which is confirmed by the alignment of forces and means. The discrepancy between the pit and the accident scheme was explained by the fact that there was probably dirt and therefore the distance of the width of the carriageway was reduced from 4 meters to 3 meters. Also, the measurements were made with the help of the victim Fedyashin A.V., who stood with a tape measure at the beginning of the measurement, maybe he did not stand as indicated in the diagram. Perhaps the diagram of the accident site was drawn up incorrectly, there was a puddle in the pit, the plaintiff himself walked to the end of the building with a tape measure and measured, and the employee only unwound the tape measure and stood still, whether the plaintiff reached the end of the building indicated in the diagram, he did not see. Why the measurements of the pothole (pit) were not made, he could not explain to the court. He pointed to another pit, which he noted in the Act as non-compliant with GOST, its location at 107 meters from the edge of the house along the street .... and 4 meters from the edge of the roadway.
Interrogated in an off-site court session as a specialist .... he explained that he worked as the head of a department of the State Road Administration of the Orenburg Region, taking into account the inspection of the accident site and the newly conducted dimensions by the court with the participation of the parties in accordance with the accident scheme, at the alleged site of a pit on the road there are no traces of any pit on the canvas, the asphalt surface is even, without repair effects. At the same time, at a long distance from the alleged pit, there are multiple traces of repaired and not repaired pits.
After hearing the persons participating in the case, having interrogated the witness, the specialist, having examined the case materials, the court comes to the following.
I DECIDED:
In satisfaction of the claims of Alexander Vladimirovich Fedyashin against the Department of Construction and Road Facilities of the Orenburg City Administration for compensation for damage caused as a result of a traffic accident that occurred ... as a result of hitting a pothole at the address: Orenburg, st. ..., namely the amount of material damage in the amount of ... rubles, the costs of the assessment in the amount of ... rubles, the costs of paying for notary services in the amount of ... rubles, the costs of paying for the services of a representative in the amount of .. . RUB., the cost of drawing up a notarized power of attorney in the amount of ... RUB., the cost of paying the state fee in the amount of ... RUB. - refuse.
Liability for causing harm, the bay of the apartment
Judicial practice on the application of the norm of Art. 1064 of the Civil Code of the Russian Federation
Judicial practice on the application of the norm of Art. 15 of the Civil Code of the Russian Federation
