Romania under the siege of pits: “It's a disaster!” – What do you do when the road “eats” your car and money

The craters that appeared after the snowfalls of the last months are wreaking havoc on Romanians' budgets. Because of the degraded roads, service visits have become mandatory, and the costs for repairing damage to the steering wheel and tires have exploded, ending up costing from several hundred to several thousand lei.

Hundreds of damaged cars in the craters that appeared in the asphalt. Facebook photo

Thousands of potholes appeared “overnight” on almost all the main arteries in Bucharest, but also on national and county roads, with drivers complaining that they have to pay considerable sums for car repairs, given that RCA insurance does not cover such damages and not all drivers have CASCO insurance.

The most common damages are those that occur to the suspensions and tires or the wheel covers, but there are also situations where the oil tank breaks, or due to steep and hardly visible bumps if they are covered with water, the cars deviate from the route and crash into other obstacles.

In other situations, the damage does not occur due to potholes, but due to failures of expansion sleepers caused by frost and heavy traffic. For example, on the A1, a TIR driver broke the oil pan of the road train, after hitting a piece of metal lifted from an expansion cross on the carriageway. The owner of the truck says that the damage could amount to 35,000 euros, if the engine was also damaged.

And the Romanians wonder what they can do, how they can recover at least part of the money they paid to repair their car.

“Those of you who broke rims in the potholes in Bucharest and went on to sue the city hall or the road administrator, were you successful or is it not worth the effort?”, asked a user on a Facebook traffic group.

Not a few answered him. “They don't want to change my CASCO. I have been waiting for an answer to the file for 2 weeks”someone said.

“PV from the police, clearly showing the place, location, damage, clear photos, etc. Authorized service quote (parts + labor) and platform invoice (if applicable). Initial lawyer's fee – 500 lei Around the third term, a solution is given, usually favorable. There are cases and cases, however. Minimum 1-2 years duration”another netizen replied.

“If we don't take measures and we all “sleep on one ear” that it is too difficult and too onerous, we will never force them to build the roads and infrastructure paid for with the money and sometimes with our safety/health… As you can see, there is a lot of “let it go” until someone dies. Only then are measures taken. There are many examples, one that comes to mind now is the one at the Ciurel bridge. For years wash your hands with the trick found in the legislation, namely the one with speed not adapting to road conditions“, a young man draws attention.

One unlucky person tells how he ended up at Vulcanization twice in one evening: “I had it happen this evening in two hours, I arrived twice at the vulcanization… once I got a hole in the speed limiters that were actually pulled out by the snow removal machines, after I left the vulcanization… 10 minutes later I got two very big potholes… side by side on Timișoara, in the Romancierilor area… the damage: the tire broken in two places and the rim bent… it's a disaster… instead we pay taxes for the air we breathe”.

“I think that they also go by this premise, the suckers stay silent and bear the consequences because the judgment is long and in the end the world receives little money. And rather than go through the courts for years, they prefer to fix their cars themselves“, someone else thinks. “You have to act in court, you have to become litigants, otherwise you won't learn to do your job“, a young man reinforces. Another supports him: “Yes, I won the case with the sector 4 town hall as a natural person and yes I had a police report issued, the case lasted over 3 yearsand”.

“Not even the Police give fines to those who administer public roads. Sector 3 full of craters”someone completes.

What you can do to recover the damage generated by the potholes in the asphalt

A legal expert in such cases explained to “Adevărul” what to do in such situations.

“In Romania, road administrators are mainly responsible for potholes in the asphalt, their liability can be contraventional, civil (for damages), and in certain situations also disciplinary or even criminal, depending on the severity of the consequences.

The responsibility belongs, as a rule, to the public entity that has the capacity of road administrator: the town hall and/or the local council (in Bucharest, the sector town halls or the Bucharest City Hall, including through the Street Administration or other subordinate services), for local roads and of local interest; the county council, for county roads; National Road Infrastructure Administration Company (CNAIR), for national roads and highways”said lawyer Carmen Bănățeanu.

She explained that, in order to incur liability, it is necessary, first of all, to make a notification to the traffic police or the local police, regarding the existence of potholes that endanger traffic safety. “In parallel or subsequently, written complaints/petitions can be submitted directly to the road administrator (town hall, county council, CNAIR), requesting the repair of defects“, explained the specialist.

Easier to solve for those who have CASCO

On the other hand, in the event that damage has been caused (for example, the breakdown of a motor vehicle in a pothole), in a first stage the damage can be covered by the insurer, if there is an appropriate insurance policy (usually CASCO).

“If the insurer refuses payment or there is no such policy, an action can be filed in court against the road administrator, to recover the value of the repairs and other losses incurred”. explained the lawyer.

What documents and photos are required

In addition to the documents and information requested by the service unit and/or the insurance company, it is essential to document the incident as rigorously as possible (photos, possible measurements, exact identification of the place), in order to prove the causal link between the damage caused to the vehicle and the pothole or unevenness in the roadway.

“If bodily injuries were also produced, both material damages (medical expenses, loss of income) and moral damages for physical and mental suffering can be requested, based on evidence, such as medical documents, medical leave certificates, receipts for treatments, etc. For court actions based on tortious civil liability, the general limitation period of 3 years applies, which usually runs from the date on which the injured person knew or should have known the damage and the person responsible”said Carmen Bănățeanu.

According to her, in the event that the non-maintenance of the road leads to serious accidents, resulting in serious bodily injuries or deaths, there may be incidents and criminal liability (for example, for the crime of bodily injury due to negligence), the analysis aiming at the concrete conduct of the decision-makers and the persons responsible for the maintenance and appropriate signaling of the road.