Potholes are a common problem that cause significant losses for drivers. Drivers are often surprised by potholes in the asphalt, resulting in damage to their vehicles and, in some cases, serious accidents.
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Fortunately, Brazilian legislation allows the request for COMPENSATION FOR STREET POTHOLES, holding the public authorities or concessionaires responsible for ensuring the maintenance of the roads.
Below, check out how you can request this compensation and guarantee your rights.
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Who is Responsible for Compensation?
When a vehicle is damaged due to a pothole on the road, the responsibility for the COMPENSATION FOR STREET POTHOLES may fall on:
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- City Halls: When the accident occurs on urban roads.
- State Government: If the pothole is located on a state highway.
- Federal Government: For federal highways under the administration of DNIT.
- Highway concessionaires: In the case of toll roads managed by private companies.
If the lack of road maintenance caused damage to your vehicle, you have the right to make a claim, as long as you present evidence of what happened.
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How to Make a Request?
To increase the chances of success in applying for the COMPENSATION FOR STREET POTHOLES, follow these steps:
1. First Collect Necessary Evidence
Documentation is essential to prove that the hole caused the damage:
- Take off photos and videos of the hole, the location and the damage to the car.
- Take it witness statements who witnessed the incident.
- Register a Police Report (BO) at the nearest police station.
- Get budgets repairs in mechanical workshops.
- Save invoices and receipts for repairs.
2. Contact the Responsible Party
Before going to court, try to resolve the issue administratively with the responsible body:
- Present a formal request for the city hall, state government or concessionaire.
- Please allow some time for a response.
If the request is denied or ignored, you can seek justice.
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How to File a Lawsuit in This Case?
If the administrative attempt does not result in compensation, you can appeal to Small Claims Court.
For cases involving up to 20 minimum wages, a lawyer is not necessary.
See the step by step:
- Go to the Small Claims Court of your city.
- Take all the evidence, including photos, videos, witnesses and receipts.
- Explain the case to the attendant.
- Wait for the hearing and the judge's decision.
If compensation is awarded, you may receive:
- Car repair reimbursement.
- Moral damages, if there are major disturbances.
- Compensation for medical expenses if a personal accident has occurred.
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How to Increase the Chances of Success in Compensation for Potholes in the Street?
To ensure that your order is COMPENSATION FOR STREET POTHOLES be successful, pay attention to these tips:
- Always document everything: the more evidence, the better.
- Search other reports of people harmed in the same place.
- If the location is high risk, notify the city hall or responsible body before further damage occurs.
- For larger values, hire a specialized lawyer in consumer law and civil liability.
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What Does the Law Say About This Matter?
The responsibility of public authorities regarding potholes in roads is governed by laws and case law that guarantee the right to COMPENSATION FOR STREET POTHOLES.
On the JusBrasil website, you will find several case laws and court decisions on similar cases. This information can help you understand the chances of success of your action and how other drivers have already been compensated in similar situations.
In addition, JusBrasil brings together articles written by experts in the legal field, offering valuable insights into your rights and the best strategies for seeking fair compensation.
Access now and stay up to date with the latest decisions on COMPENSATION FOR STREET POTHOLES in a simple and very intuitive way through this online platform that is also super accessible.
Note: For personalized information, please consult a specialist lawyer.
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