Car damage resulting from hitting a pothole is unfortunately a common problem for Polish drivers. The costs of repairing suspension, rims, or tires can be high, but drivers are not defenseless. The road authority is obligated to maintain the road surface in a condition that ensures user safety through repairs, maintenance, and other preventative measures. If damage results from the road authority's negligence, it is necessary to demonstrate what actions were necessary, feasible, and essential to avoid the damage. The road authority's liability does not automatically arise from the occurrence of a hazard—it is crucial to determine whether, even with the best work organization, the authority could have removed the hazard in a timely manner. The omission becomes culpable if the lack of action resulted from negligence in the authority's work organization.
Who is responsible for the condition of the roads?
The road manager is responsible for maintaining the road in good condition. This may be:
- commune – for commune roads,
- county – for county roads,
- voivodeship – for voivodeship roads,
- General Directorate for National Roads and Motorways (GDDKiA) – for national roads.
The road administrator is obligated to regularly inspect its condition and repair damage. Failure to do so may result in liability for any resulting damage.
How to get compensation?
First, you should secure evidence of the incident, i.e., take photos of the damaged road and the damage to the vehicle. A note should also be prepared describing the location, time, and circumstances of the incident. Furthermore, it will be necessary to secure repair bills and workshop documents confirming the type and scope of work performed to restore the vehicle to its pre-damage condition.
Then, you should report the incident to the appropriate authorities. Depending on the circumstances, the police or municipal guard may be called to prepare a report. After determining who is responsible for a given section of road (information can be obtained from the city hall, district office, or through the General Directorate for National Roads and Motorways), you should submit a written claim for compensation, attaching all evidence: photos, a report, receipts, and other documents. Road operators usually have third-party liability insurance for such circumstances. If the damage is approved, their insurer will pay compensation.
When is compensation not due?
The property manager may avoid liability if the pothole was marked with an appropriate warning sign, or if the road damage occurred suddenly, for example, due to a natural disaster, and it was impossible to repair. If compensation is denied, a lawsuit may be filed.
Summary
If a vehicle is damaged on a pothole-ridden road, the law provides for the possibility of seeking compensation. It is crucial to gather evidence confirming the validity and extent of the damage, and to precisely identify the road operator.
For more information, please contact us. We will assist you at every stage of the process to obtain the compensation you deserve.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of November 26, 2024
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