Car damaged by a pothole, open manhole or fallen tree on the road: what to do under Georgian law

What to do

1. At the scene: call the patrol police and do not leave until the incident is documented; the Ministry of Internal Affairs police draw up the record with a representative of the road authority (Law of Georgia on Automobile Roads, Art. 19). Record the defect with its exact location, the absence of warning signs and any witnesses; request camera footage immediately.
2. Who maintains the object: the owner of the road maintains and repairs it (Law on Automobile Roads, Art. 7); local roads are the responsibility of the municipality (in Tbilisi, the city hall) (Local Self-Government Code of Georgia, Art. 16); landscaping and lighting (trees, poles) are also the municipality's responsibility (Local Self-Government Code, Art. 16); state highways — the Road Department. An open manhole or utility trench is a general tort and grounds for a claim against the owner of the utility network (private person, civil court) (Civil Code, Art. 992). Falling parts of a building — the building owner, in case of poor maintenance or a defect (Civil Code, Art. 1004).
3. Basis: road authorities compensate damage from traffic accidents caused by poor road conditions if they failed, fully or partially, to perform their duties, by court decision (Law on Automobile Roads, Art. 19); the municipality is liable for damage caused by its body or official (the state, for state bodies), including for a contractor acting on its instructions (General Administrative Code of Georgia, Art. 208); Civil Code rules apply to the amount, fault and limitation (General Administrative Code, Art. 207). The authority's defence — an act of nature and the victim's fault (speed, ignoring a sign) reduce the compensation (Civil Code, Art. 415); arguments against — a dangerous tree, earlier complaints about the pothole (request them).
4. Procedure: a written demand with a calculation → if refused, before suing the authority, one administrative complaint (unless the law provides otherwise) (Administrative Procedure Code of Georgia, Art. 2); a complaint against a refusal — within one month of receiving it (General Administrative Code, Art. 180); lawsuit — within 1 month of the decision on the complaint or the expiry of the period for it (Administrative Procedure Code, Art. 22); compensation for damage by a body — administrative dispute (Administrative Procedure Code, Art. 2). For companies — claim and civil lawsuit.
5. Amount and deadlines: repair per estimate or expert assessment, towing, treatment; limitation period — 3 years from when the person learned of the damage or of the liable party (Civil Code, Art. 1008).
6. Where to apply: city hall or municipality; Road Department; owner of the utility network; administrative chamber (against an authority) or civil chamber (against a company) of the court.
7. Evidence: police record, photos and video of the defect, witnesses, estimate or expert report, receipts, request for earlier complaints.
8. Pitfalls: leaving without a police record; suing the wrong party (not the one who maintains the object); missing the one-month deadlines for appealing a refusal; treating an act of nature as an automatic release of the authority.

Be sure to check

• who is liable — the owner or manager of the road (city hall, state) or the owner of the utility network; basis — Law on Automobile Roads and General Administrative Code
• recording the defect and a police record with the participation of the road authority
• procedure — demand, administrative complaint, administrative court (civil court for a private company)
• deadlines — one-month periods for complaint and lawsuit against a refusal; 3-year limitation period