Are there any laws and regulations on compensation for vehicle damage caused by road conditions?

In order to consider the Tort Liability Law, generally speaking, the property of a citizen has been damaged by others, and is protected and adjusted by the Tort Liability Law, and the road section that caused the vehicle injury belongs to the jurisdiction of that administrative authority, and you have to find out by yourself, because the improper care and management of others leads to rough and difficult roads, resulting in damage to the vehicle, which is a legal causal relationship. You can sue for this reason.

There are relevant laws, but the law is the law, and sometimes there are certain places that cannot be connected with reality, provide the following information reference: your situation can consider the "Tort Liability Law", generally speaking, the property of citizens has been damaged by others, protected and adjusted by the "Tort Liability Law", and the road section that causes the vehicle to be injured belongs to the jurisdiction of that administrative organ, and you have to find out yourself, because the care and management of others is improper, resulting in rough and difficult roads, resulting in damage to the vehicle, There is a legal causal link to this. You can sue for this reason.

However, in fact, it is estimated that it is difficult to operate.

If the damage to the vehicle is caused in a criminal case, whether the insurance company will compensate should be analyzed according to the specific circumstances: 1. If the vehicle is lost in a traffic accident, although the other party is investigated for criminal liability for the crime of traffic notice, the insurance company should still compensate for the loss of the vehicle according to the insurance contract. 2. If the offender uses car smashing and theft, etc.

Legal analysis: You can find the highway administration for compensation. According to the provisions of the Road Traffic Safety Law, if the road collapses, potholes, water damage, uplifts and other damages, the maintenance department or management department of the road and traffic facilities shall set up warning signs and repair them in a timely manner.

In addition, if the manager of a public place fails to fulfill the obligation to ensure safety and causes damage to others, he shall bear tort liability.

Therefore, when the motor vehicle is damaged due to potholes on the road and no warning signs, the driver can find the road maintenance department to compensate for the loss. How to find the highway compensation process:

1. First move the damaged vehicle to a safe area and set up a tripod warning sign to remind the rear vehicle to slow down;

2. Call the police. Call 12122 for high-speed police** for highways, and 12345 for urban roads**, and keep the accident responsibility certificate;

3. Photograph damaged vehicles, road potholes, and road sections, so as to facilitate later confirmation;

4. Wait for the road administration, and take photos of the invoices for vehicle repair and replacement to prevent loss. If the vehicle is damaged due to the lack of maintenance by the road maintenance department and the road administration does not set up warning signs on the pothole pavement, you can claim compensation from the road administration. But it is also important to note that if we hit the road facilities ourselves, we will also have to pay for them.

For example, if you hit a snowdoscope placed due to road construction, even if the vehicle is scratched, the road administration will generally not compensate you for the loss, and may even have to pay for the destruction of the snowdrop. In addition, if you hit a flower bed, fence or other place, you also need to pay compensation out of your own pocket. For specific compensation standards, you can check the "Compensation Standards for Damaged Highway and Road Property" by yourself.

Legal basis: Article 1210 of the Civil Code of the People's Republic of China If the damage caused by a traffic accident involving a motor vehicle is the responsibility of the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

The road administration department shall bear the liability for compensation for traffic accidents caused by road conditions, and as the management department of the road, it shall have the obligation to maintain the normal driving state of the road. When there is a hidden danger on the road that may lead to a traffic accident, the road administration department does not take timely measures to eliminate it, so they should be fully responsible for the consequences arising therefrom. Traffic accidents refer to the events of personal or property damage caused by fault or accidents on the road, including motor vehicles and non-motor vehicles.

However, not all personal or property damage caused by vehicles can be called traffic accidents, and must occur on highways, urban roads and places that allow social motor vehicles to pass although they are within the jurisdiction of the unit, such as squares, public parking lots and other places used for public traffic.

Legal basisRoad Traffic Safety Law of the People's Republic of China Article 73 The traffic management department of the public security organ shall, in accordance with the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appreciative conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.

Regulations on Procedures for Handling Road Traffic Accidents

Article 60 The traffic management department of the public security organ shall, according to the role of the party's conduct in the occurrence of a road traffic accident and the severity of the fault, determine the responsibility of the party. (1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; (2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault; (3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, neither party is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

Article 58 Within five days from the date of determination of the inspection report and appraisal opinion, the traffic management department of the public security organ shall notify the party concerned to collect the detained accident vehicle.

The expenses incurred due to the detention of the vehicle shall be borne by the traffic management department of the public security organ that made the decision, but the traffic management department of the public security organ shall notify the party concerned to collect it, and the parking fee incurred by the party shall bear it within the time limit.

If the vehicle is not collected after 30 days of notification to the parties, and it is still not collected within three months after the announcement, the impounded vehicle shall be dealt with in accordance with law.

The answer to the question is that the road administration department should bear the liability for compensation for traffic accidents caused by road conditions, as the management department of the road, and has the obligation to maintain the normal driving state of the road. When there is a hidden danger on the road that may lead to a traffic accident, the road administration department should take full responsibility for the consequences if it fails to take timely measures to eliminate it. Legal basis: Article 104 of the Road Traffic Safety Law: Whoever excavates a road, occupies a road for construction, or engages in other activities that affect road traffic safety without approval, shall be ordered by the competent road authority to stop the illegal act and restore the original state, and may be fined in accordance with law; Where losses are caused to passing persons, vehicles and other property, they shall be liable for compensation in accordance with law.

Where there is an act in the preceding paragraph that affects road traffic safety activities, the traffic management department of the public security organ may order the illegal act to be stopped and traffic to be restored quickly.