Damage to a vehicle caused by a pothole, road depression or another pavement defect may support a claim for compensation in Russia. It is important to record the incident, identify the organisation responsible for the particular road and prove the amount of loss.
Short answer
Where safe and possible, do not repair the vehicle before the damage has been recorded and evidence preserved. Recovery depends on the road section, maintenance duties, accident circumstances and proof of causation.
What to do at the scene
- Ensure safety and call emergency services where required.
- Photograph or film the location, pavement defect, signs, markings, vehicle and damage.
- Notify the traffic police and obtain the procedural documents.
- Record coordinates, time, weather and witnesses.
- Keep documents for towing, inspection and repair.
Who may be responsible?
The defendant is identified by the duty to maintain the particular road. It may be the road owner, a public authority, an institution or a contractor if it undertook maintenance or safety obligations during works. Official responses can clarify ownership and maintenance arrangements.
Relevant evidence
- traffic-police materials, diagrams, photographs and video;
- an act recording road-maintenance defects, if available;
- documents on road ownership or maintenance;
- an expert opinion, valuation or repair order showing the amount of loss;
- documents for towing, storage and repair expenses.
The Supreme Court has indicated that an organisation required to maintain a road may be liable for damage caused by a pothole. The result depends on the court’s assessment of causation, evidence and any contribution to the loss.
Demand and court claim
After collecting documents, a reasoned written demand can set out the event, evidence and calculation. If the dispute is not resolved, a claim is prepared with regard to jurisdiction and defendants. Full recovery cannot be guaranteed in advance.
Official sources
- Supreme Court Review of Judicial Practice No. 2 (2018).
- Rules on repair and maintenance of federal public roads.
Need a document review? A preliminary consultation can help identify the potentially responsible party and assess the evidence.