We all remember the saying about the two troubles of our life: fools and roads. Let's leave the former alone for now, but let's touch on the second point. Every year, roads are repaired and patched, but it doesn't get any easier. With enviable regularity, new potholes, bumps, holes, and open manholes appear.
And what could be worse than a car hitting an open manhole with its wheel? I think only an accident that this could lead to.
But let's not talk about sad things; better let's discuss what consequences can be expected from this unpleasant situation and what to do in such a case.
Let's try to jump over
Of course, it's best not to hit a manhole (or a sewer inspection well) at all. And to get away with minimal damage to the suspension, they advise pressing the brake sharply right before the obstacle and releasing it just as sharply.
Using this technique will help briefly unload the front of the car and when passing other obstacles – speed bumps, potholes, etc.
But in life, as usual, different situations happen: you didn't react in time, it was too dark, or another factor played a role. In general, let's assume the worst-case scenario happened...
Consequences for the car
The consequences of driving over an open manhole can be quite serious. In the best case, you'll need to visit a wheel alignment stand to check if the wheel alignment parameters have been knocked out.
But there can also be tire punctures and deformation (or cracks) of the rim, and serious damage to suspension components. As practice shows, it's very easy to damage the steering in such a case. Namely, the tie rods, which simply tear.
There have been cases where hitting an open manhole even tore off the wheel entirely.
If the manhole is positioned across the sewer opening, the impact will hit the car's underbody. If there's metal protection, you might get away with scratches.
In the worst case, you can bend the engine or gearbox oil pan, severely hit or puncture the fuel tank. No need to mention the consequences – these are serious problems that lead to expensive repairs and replacements.
There have been cases where side members were deformed.
In general, driving over an open manhole ends quite painfully for the car.
But don't rush to leave...
Further actions
First of all, you need to know: damage to a car from hitting various kinds of irregularities is a traffic accident, although traffic police officers often stubbornly insist otherwise, often even refusing to go to the scene.
You also need to know that quite specific services and organizations are responsible for the condition of roads.
Since the car received damage (material loss) while moving on the road, this fact is precisely a traffic accident and imposes certain responsibility on all its participants (the driver and the organization responsible for the road).
Let's turn to the law:
According to clause 12 of Article 10 of the Law of Ukraine "On the Police", internal affairs bodies are tasked with controlling the maintenance of roads in proper technical condition and cleanliness, and according to Article 3 of the Law "On Road Traffic", ensuring road safety is entrusted to the State Automobile Inspectorate.
In accordance with clause 10 of the "Unified Rules for Repair and Maintenance of Highways, Streets, Railway Crossings, Rules for Their Use and Protection", approved by Resolution of the Cabinet of Ministers of Ukraine dated March 30, 1994, No. 198, control over compliance with the rules for repair and maintenance of highways and streets is carried out by the owners of road objects or bodies authorized by them and the State Automobile Inspectorate.
Therefore, contacting the traffic police is mandatory!
But first, the driver, as a person involved in the accident, must fulfill his duties – turn on the hazard warning lights, put out the warning triangle, call the traffic police, and write down the names and addresses of witnesses. Don't forget about the insurance company either.
Since the damage was caused by hitting road "irregularities", it's important to record these "irregularities" as thoroughly as possible (dimensions, shapes, location, absence or incorrect placement of the manhole, etc.).
All means are suitable here, and there should be as many as possible – photo and video recording, witness testimony. It's good if there are direct eyewitnesses to the accident. In extreme cases, stop everyone and record their data, because any confirmation of this fact will help when filing a lawsuit against the "owner" of this section.
When traffic police officers record the situation, you must carefully study all documents they draw up and offer for signature, paying special attention to the description of the road condition and the damage sustained by the car.
There have been cases where traffic police officers tried to attribute a traffic violation (failure to comply with speed limits, etc.) to the victim himself.
The Law "On Road Safety" states that the responsibility of the state is higher than the responsibility of the citizen. This means that the court should first consider the fault of the road services, and only then the driver. And the primary fault is that of the road workers, not the driver who allegedly didn't take road conditions into account.
Then it's necessary to assess the "severity" of the damage sustained by the car. To do this, you need to contact any appraisal organization engaged in this type of activity (currently there are no problems with this – there are many such organizations).
It's also necessary to figure out who to file claims against regarding the improper quality of the road. You can find out the specific organization that should monitor the condition of the road surface at the accident site from the traffic police by making a corresponding request.
The request should be sent after gathering all the information together: the protocol on the fact of the accident, witness statements, and a report on the assessment of the exact amount of damage.
The request must definitely clarify:
1. Did traffic police officers inspect the scene of the accident on the same day, as a result of which damage was caused to my vehicle?
2. Was an act drawn up stating that the absence of the manhole cover could have contributed to the accident?
3. Which organization is this section of road assigned to, and do I have the right to demand compensation for the damages caused to me from this organization?
4. Was an administrative protocol drawn up under Part 4 of Article 140 of the Code of Ukraine on Administrative Offenses based on the fact of violation of the norms for maintaining the specified road, and was an order issued to eliminate the violation?
Attached to the request:
1. Copy of the traffic police certificate about vehicle damage.
2. Copy of the certificate from the narcological dispensary.
3. Damage assessment report.
After receiving the response, you should draw up a written claim to the road organization (it's possible that after receiving a competent and justified claim with a clear calculation of damage, the road workers will agree to voluntarily compensate the damage).
If the road workers refuse to compensate the damage – the direct path is to court.
Conclusion
In principle, everything looks simple: we file the accident, assess the damage, and file a lawsuit. But in reality, everything turns out to be much more complicated.
In practice, road workers really don't like to appear in court, they question the results of the examination and the damage assessment, and try to shift the blame onto the driver.
Nevertheless, cases of damage compensation have been, are, and will be. You just need to clearly know your rights, Ukrainian laws, and not be afraid to go all the way. And you'll succeed.
We, once again, wish you to be attentive and follow traffic rules.
