After winter, not only the snow melted, but also the asphalt: what should a driver do if their car is damaged by a pothole in Kyiv?

Spring in Kyiv traditionally exposes a problem that drivers feel in their wallets: along with the snow, the asphalt also “melts” from the roads. Potholes, sinkholes, and open manholes multiply car owners’ losses every day — and at the same time provide a steady stream of customers to tire repair shops and service stations. But from a legal point of view, something else is important: damage to a car due to poor road conditions is potentially compensable if the incident is properly recorded and a causal link is proven.

Below is a practical algorithm on which legal norms to rely on and whether there are any successful cases.

Legal framework: who is responsible for maintaining roads and compensating for damages

1. Civil Code of Ukraine (CCU)

• Article 1166 of the Civil Code: property damage caused by unlawful actions/inaction shall be compensated in full by the person who caused it.
• Article 1172 of the Civil Code (important for contractors): if the damage was caused by a contractor acting on the instructions and under the control of the customer, the customer may be liable.
  

1. Law of Ukraine “On Road Traffic”

• Article 9: Owners/authorized bodies are responsible for identifying obstacles in a timely manner, removing them or marking them immediately, and compensating for losses in the event of an accident due to unsatisfactory maintenance, as determined by a court decision.

1. Law of Ukraine “On Motorways”

• Articles 10–11: define road management and responsibilities for organizing maintenance in accordance with norms/standards.
• Article 13: provides for the responsibility of the management body to compensate road users for losses in accordance with the procedure established by law.

1. Code of Administrative Offenses

• Article 140 of the Code of Administrative Offenses: violation of rules, norms, and standards for road maintenance (it is under this article that the police can file charges against the responsible persons).

1. Resolution of the Cabinet of Ministers No. 198 dated March 30, 1994
   Approves the Uniform Rules for Road Repair and Maintenance…, which require monitoring the condition of roads, immediately repairing damage, or marking it with signs/barriers.

Algorithm of actions: how a driver should correctly record damage to a car caused by a pothole

1) Safety and initial fixation

• Turn on your hazard lights and put out a warning sign.
• Take photos/videos: a general view of the location, reference points to the address/landmarks, road signs, markings, and the pothole itself.
• It is advisable to record the dimensions (tape measure/ruler/any object for scale) and depth.

2) Calling the patrol police — a key step

Please request that the materials reflect the following:

• the fact of the incident and the mechanics of the collision;
• a description of the road surface defect, diagram/measurements;
• if possible, preparation of materials under Article 140 of the Code of Administrative Offenses regarding road maintenance violations.

Without this, the evidence base often “falls apart”: in court, it is important to prove the causal link between the road defect and the damage to the car.

3) Witnesses and expense documents

• Take down the contact details of any witnesses.
  Keep your receipts: tow truck, tire repair, diagnostics, spare parts, service station work, parking.

4) Assessment of damages

It is best to have:

• a service station report/invoice listing the damage and cost;
• if necessary, an automotive expert assessment (especially if the damage is significant).

5) Identification of the defendant (balance holder)

The defendant should be the party responsible for maintaining the specific area (public utility service, road service, other balance holder). An error in selecting the defendant is a common reason for losing cases or delays.

6) Pre-trial demand (not mandatory, but useful)

Send a written claim with copies of evidence and the amount of your claim. Sometimes this speeds up the settlement or helps demonstrate good faith in court.

7) Lawsuit for damages

The lawsuit usually states:

• material damage (repairs + related expenses);
• if there are grounds for it, moral damage (to be justified separately).

Is it possible to receive compensation: the practice exists

The courts recognize the responsibility of road services for improper road maintenance, provided that there is sufficient evidence. One example is the decision of the Darnytskyi District Court of Kyiv dated July 10, 2018, in case No. 753/10817/16-ц, where a traffic accident occurred due to a significant pothole; the court established a causal link between the road defect and the consequences and determined who was liable for compensation for damages. The decision also referred to the legal position of the Supreme Court (in particular, the ruling of 8 May 2018 in case No. 554/13464/15-ц) regarding approaches to the liability of the customer/balance holder.

The most common mistakes made by drivers

• left the scene without the police and without recording the incident;
• did not record the context (where exactly the pothole was, what signs/warnings were there);
• repaired the car without documents/reports;
• incorrectly identified the defendant.

Compensation for damage to a car caused by a pothole is possible, but it will not be awarded automatically. The outcome depends on whether you have gathered evidence according to the following algorithm: recording → police/materials → damage assessment → correct defendant → lawsuit.