How to make responsible travel organization, if the vehicle is involved in a pit or a pothole and damaged?
— What to do if You drove into an open manhole?
… these and other issues related to the problems caused by road services, very often concerned about the clients of our law office who failed to tolerate the negligence of the road and asked for help.
Published one message, which has agreed to provide one of our clients, faced with a similar situation a year and a half ago:
I, K. M., turned to the law offices Confin to resolve your problem. I want to say a huge thank you to the staff who helped me in my question.
In January 2013 my friend driving my car by proxy, got in an accident. He was in a sober state, was driving without exceeding the tolerable speed, but the lack of warning signs about what was broken asphalt coating, resulted in a road accident. As a result of hitting a hole on the road, my car has suffered serious technical damage. Immediately, at the scene was caused by a patrol car of traffic police officers who recorded the fact of damage to the vehicle, and the absence of warning signs on this stretch of the road. Employees were recorded in a hole that exceeded the permissible limits of what was recorded information in the Decision on an administrative offence. After the arrival of staff, I was left with three documents: certificate of traffic accident, the decision in a case concerning an administrative offence and a decision to initiate an administrative case. These documents at the time gave me a sense of calm and confidence.
However, it was necessary to document the technical damage to the car. To do this I had to go to the assessment center. Within 5 working days, the specialists of the center had autotechnical examination and made a documentary report on the amount of incurred damage as a result of the accident. I admit, initially I didn’t really want to spend money on expertise, since the extra 5 000 rubles in my pocket, given the upcoming repairs to the vehicle. However, as I learned later, through this examination, I had the opportunity to go to court.
For the compilation of the claim and the conduct of my case in court, on the recommendations, I went to a lawyer the law offices Confin. I have provided all the documents available to me in stock at the moment: the power of attorney to drive the car, the expert opinion, the documents received from the police, the insurance policy, the documents for the car.
However, this was not enough. It remains to determine who is responsible for the quality of our roads? Who is guilty in this situation. To find a responsible, had to write a letter to the Committee on the improvement of the Government of St. Petersburg with a query about who is responsible for this road section. After a few weeks I received a reply that on this stretch of road carried out repair work at the expense of the organization «And» carrying out the maintenance of the roads.
So, now I had information about who is responsible for this incident.
Further, under the supervision of a lawyer LLC Confin, my name complaint was made to the Director of the organization «And» with a claim for payment on my account, the amount equal to the cost of car repairs. Send this claim was an integral part of pre-trial dispute resolution. In the case, as I explained to the lawyer, my petition would simply not accepted in court without pre-trial correspondence. To protect yourself when sending a letter, his claim to the organization I sent a registered letter with a list of contents and notice. It would deprive the capabilities of the organization just ignore my claim. To claim I have attached all copies of documents confirming the fact of the accident.
I was determined to go to court to deal with negligent organization. However, this did not have to do. As competently written claim and absolutely full package of documents received responsible entity, induced them to pay me the required amount in full, including the cost of the examination. Thus, I didn’t even have to go to court. And my rights were protected by a simple but reliable correspondence.
Thanks to the law offices Confin!!!