There are many people who, on occasion, have encountered the poor state of the roads, which have caused an accident. If this is your case or you want to know how to act in the event that it happens to you, we will explain how to claim damage to your car caused by poor road conditions. This is very valuable information, since this way you will avoid paying yourself for damages that are not really your fault.
The damage to your vehicle can sometimes be caused by incorrect action by the Administration; and this makes you have the possibility to claim them. These can be considered minor or serious, since they can range from a small damage to the bumper or a blowout or puncture of a wheel to very serious cases in which a hole in the road causes your car to fall into it. For the claim to be possible, there must be elements that certify that there is negligence on the part of the administration, such as inadequate lighting, non-existent or incorrect signage, lack of maintenance, etc.
Claim procedure
The procedure to follow in any of these cases when it comes to knowing how to claim damage to your car caused by the poor condition of the road is the same, being you the one who will have to act to request compensation for the damage caused.
The procedure and steps to follow to make the claim are as follows:
Do not leave the scene
The first thing you should do in the event that your car has had an accident for reasons beyond your control and in which the Administration may be to blame is not to leave the scene, regardless of whether the vehicle has been left on the road. You just have to try to place it in a place where you can get out safely, as happens in any type of accident.
In any case, do not modify the accident scene or do it as little as possible. If not, it will be complicated for you to continue with the entire process to request compensation, if applicable, for the damages that have been caused to you.
112
In the event that there are injuries as a result of the accident, the first thing you will have to do is contact the emergency services (112). These will manage the assistance and help teams so that they come to your aid. In this way, an ICU will arrive at the scene together with agents of the authority.
track owner
Both in the event that there have been personal injuries or not, what you should do next is to know the competent authority at that point of the road where you had the accident, so that a report is carried out with the causes. of the accident.
If it is in the city, the owner of the road will be the City Council. In that case you will have to contact the Local Police or equivalent so that they can go to the scene and make the corresponding report of what happened.
If it is a road, you will have to contact the Civil Guard or equivalent in the corresponding autonomous community so that they do the same. In this way they will evaluate your case and that will help you when claiming the damages caused.
In any of the cases, you will have to inform them of what happened and detail with the maximum precision where you are. When they arrive at the scene, provide them with all the information so that they can make the police report.
Witnesses and evidence
As a complement to the police report, it will always be helpful if you add other evidence such as photographs showing all the damage; landmarks so they know where it happened; if it is an element in poor condition of the road, a photograph of it; medical reports of injuries if necessary, etc.
In addition, it will always be of great help to have witnesses to what happened. If you have an accident for one of these reasons, ask them for their phone number so you can be in contact and they can testify on your behalf if necessary. The purpose is to be able to establish responsibilities.
Legal advice and claim
Once the above is done, you will have to give part of the insurance if you have it at all risks, and seek legal advice, either from the insurance company or from your own lawyer. With the evidence collected, you will have to submit a written claim to the corresponding City Council or Administration with a copy of all the aforementioned documents.
With this, you will seek to take charge of the repair of the damage caused, as well as the corresponding compensation.
Deadlines
Regarding the deadlines indicated by law, you should know:
- You have 12 months to claim the Administration to take responsibility for the material damage caused by the poor condition of the road. It starts counting from the moment you notify it.
- The Administration has 6 months to give you an answer from the time you are notified of the opening of the file in which you claim payment for the damage to your vehicle due to poor road conditions.
