The Road damage from last winter because were clip coffers of the municipalities only repaired makeshift .
get why, after only a few weeks winter, motorists now the receipt for this patchwork - everywhere the streets and set off on the roads connect large holes to light. Who is liable
and paid the damage when a motorist drove into a pothole , and the car was damaged?
The sad truth: usually paid the driver his loss itself.
Although our communities in their "ensuring public safety" for the condition of the roads in charge. held accountable but it is only very rarely.
The municipality may in fact relatively easy to steal from responsibility
It establishes or warning signs shall issue speed limit. And with the blessing of the courts. Their standard argument is that the duty of the municipality for "security" exists only if at the "due care" not to hazard could be adjusted by potholes.
says Wieser as the Trier Regional Court rejected the complaint of a driver who had the landing gear damaged by a pothole. Reason: The man had slow down and face due to the construction site signage with potholes (Ref. 11 O 134/02) .
But there are also judgments for each driver. So had the city of Lübeck, a driver who flopped on a major road into a 15 cm deep and 50 inches long crater was to replace the damage to his golf. Note the warning signs of the city to let the court do not apply (LG Lübeck, Az 10 O 287/99) . Also, the Higher Regional Court Dresden was quite a plaintiff. broke on his car after a pothole driving the axle, the community he had to pay 1,500 euros compensation (Ref. 6 U538/98) .
Tip: damage and potholes must be documented soon. For only covers a fresh blacktop the case, it is too late.
In general: are potholes after the winter expected, the driver must adjust his driving style of this well-known risk .
That means: to eyes and slow down!
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