Is the municipality responsible for melted asphalt on the road?

On May 11, 2020, Sofia drivers were unpleasantly surprised by newly appeared melted asphalt – road surface defect on Dondukov Blvd. and on numerous streets in Poduyane Municipality. Asphalt mixture melted on Sofia streets as a result of faulty technology when filling the holes in the fall of last year (according to the Municipality). Dozens of cars and pedestrians were stuck in the melted asphalt.

The property relations between the Sofia Municipality and the company performing the renovation activities will be regulated on the basis of the contract concluded between them. However, what should car owners do whose tires were damaged or punctured as a result of the melted asphalt? The question of responsibility in this situation is a special case of the general question:

When and for what is the municipality responsible for unmaintained roads?

The responsibility for the maintenance of roads in Bulgaria lies with the Road Infrastructure Agency (RIA) and the municipalities. If the road on which the damage occurred is part of the national road network, the responsibility lies with the „Road Infrastructure Agency”. If the road is part of the municipal road network, the respective 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.

Streets, boulevards, squares, public parking lots in settlements and green areas for public use are the property of the municipality within whose borders they are located. According to the Road Traffic Act, the persons who manage the road are obliged to maintain it in good condition, to immediately signal obstacles on it and to remove them as soon as possible.

Obstacle in the road is a violation of the integrity of the road surface, as well as objects, substances or the like that are on the road and create a danger to traffic. The Municipality must compensate for all damages resulting from a collision with a damaged section of the road surface. The Municipality is charged with the obligation to build, maintain and repair roads, therefore the failure to perform this activity, which can be carried out by its workers and employees, is grounds for engaging its liability for damages to car owners or pedestrians.

Does guilt matter?

If your car has been damaged as a result of molten bitumen, you may seek compensation from the Sofia Municipality. Its unlawful inaction (in the case of employees of the Municipality, to whom it has assigned the implementation of the above-mentioned obligations) for the maintenance and repair of municipal roads leads to the only such conclusion. The persons charged with these activities have not taken the due actions to promptly bring the road section of the capital's streets into good condition, and this inaction of theirs is presumed by the law to be culpable.

What can I claim?

In this case, the Sofia Municipality is responsible for all damages that are a direct and immediate consequence of the failure to maintain the road - flat or damaged tires, their replacement, cleaning of rims, etc. The compensation due is determined by the damages suffered, taking into account the actual market value of the damage at the time the damages occurred. If a claim for compensation is brought to court, the court determines it using the opinion of an expert.

What our team can do for you?

1. We will make an attempt to voluntarily settle the dispute with the Municipality and try to negotiate the best terms for you. After your approval of the parameters of this agreement, we can proceed to its signing.

2. We are filing a civil lawsuit to claim the compensation you are owed from the Sofia Municipality. 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 present.

3. If the case is successful, we will 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.