A pothole in one of the streets of Vilnius caused trouble for the car driver, but there is no one to compensate for the damage Business

The man from Vilnius who introduced himself as Artūras (real name is known to the editors) says that since the beginning of March he has been doing the Ways of the Cross, trying to get what he believes is truly his.

About 1000 euros

He says that on March 8 he sent a request to the Vilnius city municipality to compensate for the damage suffered. While driving along Ukmergė Street towards the city center, the man damaged his car quite seriously.

As they say, the front shock absorber on the right side broke: “Two shock absorbers are being replaced, new, original on one axle. I have attached the estimate for the service authorized by the municipality. That estimate was about 1,000 euros.”

Artūras claims that he called the municipality before and asked if this is exactly what should be done when the car is damaged after driving into a pothole on the street.

The municipality answered him that he could indeed contact them, send a request with all the information and photos. And then the municipal specialists will decide for themselves what to do next with that request.

“I have been waiting for an answer for almost a month. Because since they can respond within 30 days, the municipality responded almost as much to me,” said the Vilnius native.

However, the answer received was not encouraging, as the municipality simply informed that it was not necessary to apply to it.

“According to Article 5, Part 2 of the Law on Local Self-Government, public services assigned to municipal functions can be provided in accordance with concluded contracts with natural and legal persons. Vilnius City Municipality Administration in 2023 August 13 signed a contract with UAB “YIT Lietuva” for the repair and maintenance works of the western part of the city of Vilnius, the pavement of streets and yards. In accordance with the clauses of this contract, the contractor undertook to continuously monitor the pavement of the streets and yards handed over to him for operation.

I have attached the estimate for the service authorized by the municipality. That estimate was about 1,000 euros.

The contractor is responsible for defects that pose a threat to road users, means of transport, etc. for safety, immediately tag, fence and immediately remove (repair) and inform the customer about this circumstance.

From the date of signing the contract until the end of the contract, the contractor is considered the manager of the street and yard covering in the Northern part of the city of Vilnius and has undertaken to compensate the customer or third parties for damages caused by improper maintenance and repair of the street and yard covering and/or improper condition of the street and yard covering “, it is written in the response of the Vilnius municipality, which was signed by Gintautas Niaura, advisor of the municipality’s Infrastructure Group.

The company sent it back

It also indicates the contacts through which the victim Artūras should contact UAB “YIT Lietuva”.

The man did so. This time he didn’t have to wait so long for an answer, but he says he has the same benefit from the answer – exactly zero.

The administration of UAB “YIT Lietuva” responded to the request for compensation for losses incurred as a result of a traffic accident, stating that according to the Civil Code, “damage caused by the collapse of buildings, structures, facilities or other constructions, including roads, or due to other defects of these objects must be compensated owner (manager)”.

And it is further cited that the practice formed by the Court of Cassation is that “after the agreement transfers only the technical maintenance of the structure to another person, acting according to the customer’s instructions, the management of the structure does not pass to such a person”.

Considering the stated circumstances, “YIT Lietuva” is not responsible for compensation.

Therefore, since “YIT Lietuva” has entered into a fixed-term contract with the Vilnius municipality regarding the repair and maintenance of the pavement of a part of the capital’s streets and courtyards, only maintenance, not management, has been transferred to it. Court decisions continue to be cited, according to which it is concluded that “Vilnius m. the municipality, as the owner of the road, is responsible for the damage caused by road defects”.

“Given the stated circumstances, YIT Lietuva is not responsible for compensation of damages”, – this is the company’s final answer to Artūrs.

Artūras appealed to the municipality again, but, as he joked unhappily, he might have to wait another month for an answer.

The trial remains

Vilnius city municipality, commenting on this situation 15 minutes, continues to be of the opinion that only the contractor maintaining the streets in that part of the city could compensate for the damage. It is said that it is not clear why he refuses to do so, but then the victim has only one option – to go to court.

“According to the signed and valid street and yard maintenance contracts, from the moment of their conclusion until the end of their validity, the responsibility of the building manager, stipulated in the Civil Code, to compensate third parties for damage caused by improper street and yard maintenance, repair or improper condition of the street and yard pavement is transferred to the contractors .

The contracts oblige the contractors to monitor the condition of the road surface, in case of surface defects – to mark and remove them, and if this is not done – to compensate for the damage”, states the comment submitted by the municipality.

The resident can apply to the court to be awarded compensation for the damage suffered. If the court were to oblige the municipality to compensate the damage, the municipality in turn would seek to recover the incurred costs from the contractor.

Since, as Artūras already mentioned, the company managing the streets in this part of the city does not want to hear about any compensation for the damage, the court remains: “According to the valid contract with UAB “YIT Lietuva” regarding the maintenance of streets and yards in the western part of the city, the municipality instructed the resident who suffered damage to contact the contractor.

We do not have information on the reasons for which the contractor refused to cover the damage suffered by the driver, but the resident can apply to the court to be awarded compensation for the damage suffered. If the court were to oblige the municipality to compensate the damage, the municipality in turn would seek to recover the incurred expenses from the contractor in accordance with the provisions of the contract.”

What to do after entering a pothole?

Some time ago, 15min published information on what to do if you hit a pothole on the road.

1. Inform the owner of the road about the incident:

• AB “Via Lietuva” – due to events on roads of national significance (highway, regional and district roads).

• Municipality – due to events on roads of local importance in the territory of a certain municipality (streets of residential areas, etc.).

2. Photograph the scene so that it is clearly and clearly visible:

• location of the event (section of the road where the event occurred);

• the hole into which the vehicle entered;

• the vehicle and its signs of damage.

3. For damage compensation, contact the road owner or the insurance company that insured the vehicle with voluntary vehicle insurance (casco).