Damage vs. liability for poor road surface condition
The latest available data shows that as of 31.12.2022, there were 26.675 million passenger cars registered in the CEPiK (i.e., Central Register of Vehicles and Drivers) databases in Poland. On the other hand, according to GDKiA (i.e., the General Directorate of National Roads and Highways) data for 2022, drivers as of 31.12.2022 had 4887.1 kilometers of expressways, including 1799.7 kilometers of highways and 3087.4 kilometers of expressways.
The number of vehicles traveling on the roads, as well as the quality of road construction, significantly affects the safety of drivers and their passengers. It's no secret that many newly built road sections break down after only a dozen months of use, while "old" roads are often only "patched," which also affects the safety of drivers.
Data in a recent GDKiA summary indicates that in 2021 as much as 37.1% (i.e. 8,700 km) of Poland's road surfaces were in poor or at least unsatisfactory condition. As reasons for this, the GDKiA summary points to, among other things, frequent temperature fluctuations across our country.
The condition of the road surface often leads not only to traffic accidents, but also to damage to passenger cars. Therefore, it is worth answering the question of how liability is formed in such a case and who is responsible for the condition of the road surface - because it is not the case that the owner of the vehicle is forced to cover the cost of repair out of his own pocket.
Responsibility of the driver
Before discussing the issue of liability for damage to a car due to poor road conditions, it should be pointed out that liability for damages occurs only if the driver did not violate the applicable traffic rules. This means that the driver of the vehicle is obliged not only to adjust his speed to the prevailing road conditions, but also to the environment, and to remain focused and alert while driving.
Responsibility for maintaining the condition of the road surface
Civil liability in the event of damage to a car due to the poor condition of the road surface is borne by the so-called road manager. This means that the owner of the vehicle is not obliged to cover the cost of repairing the damaged vehicle.
It should be noted that according to Article 20 of the Law of March 21, 1985 on public roads (Journal of Laws No. 14, item 60, as amended), the administrator's duties include maintaining roads and sidewalks in proper condition. Different entities are the road manager - depending on whether we are dealing with a national, provincial, county, municipal or internal road, the vehicle owner's claims will be directed to a different entity. This means that first of all it should be determined what categorythe road on which the vehicle was damaged as a result of the poor condition of the road surface belongs to. The category of the road can be determined by the so-called public road registry, in which all national, provincial, county and municipal roads classified as public roads are entered. According to Article 19 of the aforementioned Law on Public Roads, road administrators are for roads:
- national - the General Director of National Roads and Highways;
- provincial - the provincial board;
- districts - the district board;
- municipalities - the mayor (mayor, city president).
Importantly - the category is also determined by the road number that appears on each map:
- National roads are designated as a single-digit or two-digit number, with the option of preceding the number with the letter A on road sections with highway parameters or the letter S on road sections with expressway parameters;
- Provincial roads are denoted by a three-digit number, e.g. 282, and should be invariable for a route that crosses the administrative borders of provinces;
- County roads are designated by a four-digit number and the distinguishing feature of the province, e.g. 1071 F;
- Municipal roads have a four-digit designation along with the distinguishing feature of the province, such as 000701 F.
Accordingly - once the category of the road is determined - the resulting damage should be reported to the administrator of the road on which the vehicle was damaged.
It should be emphasized that the administrator is liable for the resulting damage on a fault basis, with fault being, among other things, the failure to make necessary repairs and repairs to the road surface. It is also worth noting that the administrator in most cases has third-party liability (OC) insurance, which means that a claim can be made against the insurer.
Procedure for reporting damage
The first - and one of the most important steps - in the event of damage is to immediately notify the police. The patrol should make an appropriate note with a detailed description of all the circumstances of the incident.
Then report the damage to the administrator - the safest way is in writing by registered mail , indicating the exact place, time, extent and circumstances of the damage. It is also advisable to attach to the report relevant evidence in the form of photographs, from which it will be evident that the damage occurred at a particular place as a result of poor road surface. Indication of witnesses to the incident will also be helpful. This is because it should be remembered that it is incumbent on the applicant to prove the fault of the administrator in the improper maintenance of the due condition of the road, which led to the damage. It is also worth attaching an estimate of the repair of the resulting damage or a bill for the repair already carried out.
If you have any questions on issues related to issues of liability for compensation for poor road surfaces, you are welcome to contact us by email at kontakt@kancelaria-pozniak.pl or by calling +48 665 246 969.