2024 Author: Eric Donovan | [email protected]. Last modified: 2023-12-16 21:13
If the car is damaged by a pothole, the vehicle owner has no right to compensation. But many courts still grant compensation. It's worth a try.
Potholes now litter many roads after the first frost period ended. Not only are they a safety hazard, but they can also easily damage the car. Motorists should therefore drive particularly carefully on endangered road sections. Larger holes should be reported immediately to the road authority or the public order office. Those responsible can then arrange for a repair or at least put up a warning sign.
No basic right to safe roads
As a general rule, road users do not have a basic right to safe roads. According to the Road Traffic Regulations (StVO) everyone has to adjust the speed of their vehicle not only to their personal abilities, but also to the road and traffic conditions. But according to the legal expert Petra Schmucker from the Automobile Club of Germany (AvD), the courts often approve claims for compensation. For this, however, the person concerned must prove the damage and the cause of the damage. In order not to be left empty-handed later, it is therefore important to document the condition of the road and the damage with photos and to inform the police. Addresses and phone numbers of witnesses should be noted immediately. The damage report as well as the police report and cost estimate must then - subject to country-specific features - be submitted to the district in the case of damage on country roads and to the municipality in the case of damage on local roads.
It remains to be seen whether the damaged exhaust or a dented aluminum rim will be repaired or replaced at the expense of the public purse. There is no general claim. The AvD advises, however, to try it first. For example, the municipality in Saxony had to pay for the rear axle damage to a car because it had neither secured nor warned against a 70 centimeter long, 25 centimeter wide and 21 centimeter deep pothole in the pavement (LG Chemnitz, Az. 10 O 3613/97). (mid)
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