Going to a car service station immediately after a wheel falls into a pothole almost certainly means losing the chance for compensation. Without on-site documentation, proving the connection between the road condition and the damage will be extremely difficult.
What to do on site
First, do not move from the spot and photograph everything: the pothole itself, its location, the general appearance of the area, car damage, the presence or absence of warning signs, and road markings. Photos or videos are mandatory. Then call the police: the circumstances of the accident and the road condition must be officially documented.
Subparagraph "v" of paragraph 2.12 of the Traffic Rules of Ukraine grants the driver the right to compensation for damages caused by the non-compliance of the condition of roads, streets, and railway crossings with safety requirements. However, no one will automatically pay anything - the driver must confirm that the road condition caused the damage.
Responsibility for safe traffic conditions lies with road owners or their authorized bodies – this is defined by Article 24 of the Law of Ukraine "On Road Traffic". Who exactly is responsible for a specific section is not always obvious: this needs to be established separately.
What needs to be proven
Article 1166 of the Civil Code of Ukraine obliges the person who caused property damage to compensate for it in full; one can be released from liability only by proving the absence of their fault. Showing a broken car is not enough - it is necessary to confirm the event itself, the road condition, the nature of the damage, and the causal link between them.
Documents from the car service station - invoices, acts of performed work - confirm the amount of damage. If the wheel rim and suspension were damaged due to the pothole, the papers should reflect the cost of their repair or replacement.
Step-by-step sequence
Document the pothole and the scene of the incident (photo or video).
Photograph the car damage on site.
Call the police and officially document the circumstances.
Establish who is responsible for this section of the road.
Keep documents from the car service station confirming repair costs.
