How to get compensation if you hit a pothole or other road defect

The poor condition of Greek roads causes damage to the suspension and chassis of our cars, and is often responsible for certain accidents.

The majority of Greek roads are characterized by various defects, such as potholes, patches, transverse cuts, illegal speed bumps, etc. Especially in the dense network of large cities, where proper asphalting is not easy due to space and traffic constraints, the roads sometimes resemble a bombed-out landscape.

However, the poor condition of the roads They put strain on our car and can cause serious damage or even lead to an accident.. In this case we can and must claim compensation from the party responsible for maintaining the road surface.

For your information, the Greek State is solely responsible for the maintenance of national roads, while the Prefectural Funds are responsible for the maintenance of provincial roads. Furthermore, Municipalities and communities are responsible for the maintenance of municipal and community roads located within their respective regions.. This determines who is liable for compensating for damage caused to our car while it was being driven on a road.

According to the law, municipalities are required to maintain the pavement of municipal roads in order to ensure the safe movement of pedestrians and vehicles using these roads. In the event of damage caused by the failure of the competent municipal authorities to comply with their maintenance obligations, the municipality is obliged to compensate the driver who suffered the damage.

This is because the municipality is responsible for the accident, as it did not take care to repair the pothole with his services on the pavement of the municipal road, for the maintenance of which he is responsible, nor did it place the appropriate signs in front of it, so that drivers are warned of the existence of the pothole.

If the damage you suffered is due to poor workmanship in a public project that has been assigned to a private contractor, is jointly liable with the State and the contractor or company that has undertaken the project. Private contractors insure their projects for civil liability, so compensation is relatively easy and quick to obtain, as these cases are heard in the normal civil courts.

But what can we do to claim compensation for damage or accidents caused by poor road construction?; Let's take a closer look:

• We call the traffic police to record the incident.
• We photograph the accident and the damage to our car. We also photograph the cause of the accident, i.e. the pothole or roadworks for which there are no warning signs.
• We are informed by the traffic police or the municipality who owns the specific road (the state or a local authority).
• We notify our insurance company so that they can send an accident assessor to record the damage to our vehicle and take the necessary photographs. Depending on our coverage and whether we have paid premiums for legal coverage, our company may agree to take on the legal proceedings and support us.
• If there is an injury, we call the ambulance service for help and confirmation of the incident. If possible, we go to a public hospital to obtain a medical certificate for physical injury.
• We contact our lawyer within 24 hours and send a letter of formal notice to the competent authority stating that we reserve all our legal rights.
• If the competent body does not respond within two days, we immediately file for injunctive relief and a lawsuit demanding the amount corresponding to our compensation.
• If possible, we ensure that there are witnesses who were at the scene at the time of the accident.

In any case, be sure that it will require a great deal of perseverance and patience, but the result will be worth it.