Background
Our client's vehicle hit a pothole while travelling on an expressway, damaging its undercarriage. Many drivers do not realize that compensation can be claimed from the State in such cases, and end up claiming on their insurance and paying higher premiums as a result.
What Was at Stake
Public facilities such as roads must be maintained safely by the State or local government, and where an accident results from inadequate maintenance there is liability in damages (so-called liability for public structures). The key was how to apportion fault between the road authority and the driver.
How Changchun Helped
Changchun proved that the road in question was a toll road, carrying a correspondingly higher duty of maintenance, and that inspection and repair had nonetheless not been carried out properly.
The court found the road authority 80% at fault, so our client recovered most of the repair costs without using their insurance. The case shows that accidents caused by road defects can support a claim for State compensation. (Outcomes depend on the facts of each case and may differ.)