Every year, hundreds of drivers in Lithuania encounter road surface defects that pose a threat to vehicles. Flat tires, bent rims, damaged chassis, or other technical malfunctions are common, but few people know that the road owner may be held responsible for such traffic accidents and required to compensate for the damage.
According to the laws of the Republic of Lithuania, every vehicle owner must have compulsory civil liability insurance (TPVCA). It should be emphasized that this insurance only covers damage that the driver may cause to third parties, for example, when another person’s property is damaged or injured in a traffic accident. TPVCA does not cover damage to the insured vehicle itself, either in the event of vehicle repairs or injury to the driver.
In such cases, compensation is only possible with additional (KASKO) insurance, but this type of insurance has additional conditions: restrictions on the age of the vehicle, the age of the driver, or driving experience, which may prevent you from using Kasko insurance. In addition, voluntary insurance involves additional costs.
Considering this, drivers who do not have KASKO insurance must be especially careful.
Imagine the situation: while driving a vehicle, you hit a defect in the road surface – a pothole that was not marked with warning signs. The impact severely damaged the wheels and destroyed the tires. An inspection of the vehicle may reveal additional damage that makes it impossible to continue driving without repairs. Who is responsible for damage caused by potholes?
Legal requirements stipulate that road owners or managers (usually municipalities or the Lithuanian Road Administration, a joint-stock company) must ensure that the roads under their supervision are safe for traffic. If a traffic accident is caused by the poor condition of the road and the damage to the road surface was not marked with warning signs or repaired within a reasonable time, the road operator may be held liable for the traffic accident.
Conditions for receiving compensation
Various circumstances are taken into account when deciding on the compensation to be paid to drivers for the damage they have suffered. When determining the extent of the road owner’s liability, it is also considered whether the damage was caused by the actions or inaction of the victim himself. For example, if it is established that the victim violated the Road Traffic Rules by exceeding the speed limit, such circumstances may result in a reduction in the amount of compensation or a rejection of the claim for compensation.
What you need to know if your vehicle hits a pothole:
1. Record the traffic accident properly:
a. Report the accident to BPC 112;
b. Take photos or otherwise record:
– the scene of the accident (section of the road);
– the pothole you drove into;
– your vehicle and any visible damage;
– the condition of the damaged tires and rims at the time of the accident.
2. Inform the road owner:
a. If the accident occurred on a public road (main, regional or district road), contact the Lithuanian Road Administration.
b. If the accident occurred on a local road (e.g., a city street), contact the relevant municipality.
3. Contact the appropriate entity for compensation for damages:
a. The road owner;
b. The road administrator to whom the owner has transferred the rights to use the road;
4. Provide the road owner (operator) with all available evidence related to the traffic accident and damage to the vehicle:
a. Evidence of the actual condition of the damaged parts (e.g., measure and photograph the name of the manufacturer, model, and tread depth of the damaged tire);
b. Documents substantiating the cost of repairing the vehicle.
Do not be surprised if the road owner refuses to compensate you for the damage – statistically, only a small proportion of such claims are satisfied. The most common reasons for refusal are the unclear circumstances of the traffic accident, the unreasonableness of the amount of compensation claimed, or the transfer of the road owner’s rights to third parties. In such a case, you have the right to go to court and claim compensation for the damage from the road owner (or the manager, if the property rights to the road have been properly transferred to the manager). This pattern of behavior by road owners allows them to avoid most claims for damages, as only a small proportion of drivers decide to take legal action and claim damages.
In order to legally assess the validity of a claim for compensation for losses incurred in a traffic accident and the legality of the road owner’s response, it is necessary to consult a professional lawyer (attorney) who will provide advice on the situation and further action.