Damage caused when a car hits a pothole or another road defect requires prompt evidence gathering. Whether compensation is available depends on the road condition, the responsible road operator, the circumstances of the incident and proof of the loss. A defect alone does not decide the case automatically.
Secure the scene and the evidence
- Stop only where it is safe to do so and follow traffic-safety requirements.
- Request official recording of the incident where appropriate; the documents should identify the location and visible road condition.
- Photograph and video-record the defect, surrounding markings or warning signs, the vehicle damage and location references.
- Preserve repair estimates, invoices, towing documents and other evidence of the loss.
Who may be responsible?
The potential defendant is normally the organisation responsible for maintaining the relevant road or street, but this must be established from ownership and maintenance arrangements. In some situations several parties, contractors or public bodies may be involved. Claims should not be directed only by assumption.
Legal basis and road-condition standards
Article 1064 of the Russian Civil Code provides the general rule of full compensation for harm to property by the person responsible, subject to the applicable statutory conditions. National Standard GOST R 50597-2017 sets operational road-safety requirements and methods of control. It can help assess the condition of a road surface, but does not by itself prove every element of liability.
What must normally be assessed
Road defect
Its location, condition and whether the required safety measures were in place.
Causation
Whether the defect caused the stated vehicle damage.
Loss
The reasonable repair cost and documents supporting it.
Before making a claim
Identify the road operator, organise an independent assessment if needed, and send a documented demand with the available evidence. Keep copies of all correspondence. Limitation periods, procedural rules and the correct defendant depend on the circumstances.
Current framework
The overview reflects the Russian Civil Code and the road-operational standard current in 2026. The applicable rules and factual record should be checked for each incident.