Compensation for flying stones and broken glass

Let's imagine the following situation: you are driving your car and suddenly feel a blow to the windshield. You look around and see a broken glass caused by a stone or other object that was literally "shot" by the tires of the car in front of you. Obviously, this flying stone If you do not have "Casco" insurance on your car, it may turn out that you have suffered serious damage to replace the windshield of your car, and you do not know from whom to claim compensation.

How can a situation with a broken car window develop?

• Option one

The driver in front of you didn't even realize the situation and continued on his way.

• Option two

The driver stopped because you gave him a sound or light signal. An argument begins about who is at fault and who is not. Regardless of whether the driver in front of you stopped or not, you must notify the traffic police of the accident and request the drawing up of a report. traffic accident report.

At first glance, the driver of the car in front of you should be at fault for the act. He would be liable for the damages caused in accordance with the general principle that everyone is obliged to repair the damages they have culpably caused to another.

But where could a problem arise in this case?

When the act cannot be qualified as "culpable" - i.e. the driver of the car in front of you should not be liable for the damages caused to you, since this is rather an accidental event. On the same basis, the liability of his insurer under "Civil Liability" insurance cannot be engaged. You can freely check the availability of insurance for the presence or absence of civil liability on the website of The Guarantee Fund.

Then who is to blame?

If the road on which the accident occurred is part of the national road network, the Road Infrastructure Agency is responsible, according to the Roads Act, and if the road is part of the municipal road network, the relevant municipality on whose territory it is located is responsible. Whether a road is municipal or national is determined by a decree of the Council of Ministers.

The Agency, respectively the municipality, shall carry out the activities for the construction, repair and maintenance of the republican roads. The Agency and the municipalities shall jointly carry out, by mutual agreement, the activities for the construction, maintenance and repair of the republican roads within the boundaries of the urbanized territories under the conditions and in accordance with the procedure determined by the regulations for the implementation of the law.

In other words - the RIA or the relevant municipality are liable for damages incurred as a result of an object (stone or other) coming into contact with your vehicle, as they have not fulfilled their obligation to maintain the roads of the republican or municipal road network in good condition and clean.

What is the order of protection?

Proving a legal claim to repair damage caused by a stone or other hard object thrown from the roadway includes:

• the onset
  of a traffic accident on a specific road section, the mechanism of this traffic accident and the occurrence of
  damages resulting from this accident and
• the size
  of the damages, the existence of an obligation on the defendant in the claim to perform maintenance of
  the relevant road section.

What our team can do for you

1. We will attempt to resolve the dispute amicably – we will hold a meeting with the responsible person/persons, where we will try to negotiate the best terms for you. After your approval of the parameters of this agreement, we can proceed to signing it.

2. We are filing a civil lawsuit to claim the compensation you are entitled to for the failure to control the animal. In addition to not owing us any upfront fee, we will also do everything possible to exempt you from paying court fees and expenses, if the prerequisites for this, as provided for by law, are met.

3. If the case/cases are successful, we file an enforcement case and represent you before a private bailiff, who will assist you in receiving the actual amount awarded by the court decision - through seizure of bank accounts or other appropriate actions.