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Car Damaged by Holes or Bad Roads? Know How to Appeal to Procon, Secure Compensation, and Protect Your Consumer Rights.
When the Car Suffers Damages, Who Pays the Bill?
A car damaged by holes or poor road conditions can lead to high and unexpected losses for drivers. Those who go through this situation often wonder: who to turn to? According to consumer law experts, the responsibility lies with the agency or the concessionaire that manages the road.
The problem is common in several Brazilian cities, and each case requires attention so that the driver does not bear the costs alone.
Damaged Cars and Accidents Multiply on Brazilian Roads
Holes, poor-quality asphalt, and lack of drainage are factors contributing to the increase in accidents and vehicle damage.
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Nursing technician Maria Lúcia Gonçalves knows this reality well. She reported losing R$ 1,800 after falling into a hole on EPTG.
“It was so quick that I couldn’t even swerve. The tire burst immediately and the rim bent. I had to call for a tow truck,” she said.
A similar situation was experienced by server Silvia Semiramis, a resident of Valparaíso de Goiás. On a day of heavy rain, she fell into a hole covered by water and lost two tires.
“A loss of a thousand reais. I filed a lawsuit against the city hall, but it was denied. Due to the bureaucracy, I gave up appealing,” she said.
Consumer Rights Ensure Compensation for Losses
According to civil law specialist lawyer Clayser Allexsander, the driver should not bear the costs alone.
“The Federal Constitution ensures that both the State and the concessionaires are responsible for damages caused to third parties,” he explained.
The guidance is simple: if the repair has already been made, it is possible to file a lawsuit to recover the amount spent.
If not, the consumer should obtain three quotes and demand reimbursement from the entity responsible for the road, whether it is the State or the concessionaire.
How to Gather Evidence to Strengthen the Complaint
To increase the chances of success, lawyer Ícaro Ferreira recommends that the driver gather as much evidence as possible.
“Photos and videos of the hole, the exact location, repair invoices, and even the towing must be kept. Police reports are not mandatory but are very helpful,” he highlighted.
If the administrative request is denied, the consumer can appeal to the Special Civil Court or file a lawsuit.
In more severe cases, involving risk to life or psychological damage, it is also possible to request compensation for moral damages.
The deadline for filing the lawsuit is up to three years from the date of the incident.
The Role of Procon in Cases with Private Concessionaires
When the road is managed by concessionaires, the process may be quicker. “Companies generally prefer to resolve matters extrajudicially to avoid legal costs,” Ferreira explained.
In these cases, Procon acts as a mediator, facilitating negotiation between the driver and the concessionaire.
On the other hand, when the road is public, the process may be slower, and often the solution depends on legal action.
Still, turning to Procon can be useful as a first step for guidance and information gathering.
Public Agencies Highlight Where to Seek Help
The Department of Highways of the Federal District (DER-DF) stated that it is only responsible for the district highways that are part of the DF Road System.
Maintenance of urban roads is the responsibility of Novacap. The agency emphasized that drivers can seek information about reimbursement requests by calling 3111-5591.
According to Novacap, damages caused on public roads can be resolved judicially or directly with the company responsible for the work at the site.
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