The Court of Appeal of the Kamchatka Regional Court upheld the decision of the Petropavlovsk-Kamchatsky City Court, which refused to recover from the owner of the car material damage caused to another vehicle by the ejection of gravel from under the rear wheels.

According to the court report, a resident of the regional center B. filed a lawsuit against I. for compensation for damage caused as a result of a traffic accident. In September 2016, the respondent, driving a car along a dirt road in the region of the 4th kilometer in the regional center, allowed gravel to escape from under the rear wheels of the car. As a result, the plaintiff's car sustained mechanical damage. The amount of material damage, according to the results of an independent examination, amounted to almost 60 thousand rubles. Believing that this case is not insured, B. asked to recover from the defendant the amount of damage caused, the costs of the examination and court costs - a total of 85,150 rubles.

Having studied the materials of the case, the court came to the conclusion that the direct cause of the accident was the violation by the defendant of the rules traffic- he did not take into account the condition of the road surface, the features of his car when driving on a gravel section of the road and allowed the gravel to be thrown out from under the rear wheels. In accordance with the provisions of the law on OSAGO, an insured event under an OSAGO agreement is recognized as the onset of civil liability of the owner of the vehicle for causing harm to the life, health or property of the victims when using the vehicle, entailing the obligation of the insurer to make an insurance payment. Therefore, an insured event is understood as the onset of civil liability of the insured for causing harm to third parties.

Given that the accident occurred with the participation of two vehicles, while the civil liability of the perpetrator at the time of its commission was insured under the OSAGO agreement, the court concluded that the accident in question is an insured event. Moreover, the norms of the federal law do not contain instructions on the occurrence of an insured event only under the condition of direct contact (collision) of two vehicles during an accident.

On this basis, the court of first instance dismissed B.'s claims. In the appeal, the representative of the plaintiff asked to cancel the court decision and take a new one - to satisfy the stated requirements, insisting that the specified accident does not apply to insured event and the plaintiff does not have the opportunity to apply to the insurance company for insurance payment. The court of appeal agreed with the conclusions of the court of first instance and the ruling of July 20, 2017 left the decision unchanged, the appeal of the plaintiff’s representative was not satisfied. The decision has entered into force.

Sign 1.18 depicts a car with gravel flying out from under its wheels. Road sign 1.18 "Ejection of gravel" warns the driver that he is approaching a section of the road where gravel may be ejected from under the wheels of vehicles. The driver, having seen the sign "Emission of gravel", should reduce speed and increase the distance from other road users.

This sign is installed most often during road works. This may be patching or laying a new layer of pavement. In any case, even one small pebble that gets under the wheel at high speed can shoot in an unknown direction. Since the flight path can be unpredictable, it is not known where this pebble can fly from and where to fly away from under your wheels.
On such sections of the road, one must be mutually polite, refrain from overtaking and the desire to go faster! Respect other road users! It often happens that everyone slowed down and pressed to the side of the road, but there is one "smartest" one that flies in the center of the road, overtaking everyone and rewarding all the "turtles" huge amount stones thrown from under his wheels.

Sign 1.18 is set

In the locality: at a distance of 50-100 meters to a dangerous section of the road.

Outside the village: at a distance of 150-300 meters to a dangerous section of the road.

Outside the settlement, this sign is installed together with the signs:

1.25 - Road works.

8.2.1 - Coverage. Indicates the length of the dangerous section of the road, in this case, the section where gravel can be thrown out from under the wheels.

A pebble on the road, even a very small one, can damage your car at any time. Of course, the stone itself is harmless, but if you run over the edge of the wheel, then the stone can shoot out from under the rubber tire with great force. Further, the flight path can be varied from the curb to your windshield. This is especially dangerous on a country road, where the speed is higher than in the village.

Road sign 1.18 "Ejection of gravel" warns that there is a section of the road ahead on which gravel (crushed stone) can be ejected from under the wheels of cars. So you need to slow down and increase the distance and lateral interval, otherwise the windows and headlights of your car may suffer from stones. I also advise you to refrain from overtaking and advancing.

Warning sign 1.18 outside populated areas is installed at a distance of 150 - 300 m, in populated areas - at a distance of 50 - 100 m before the beginning of the dangerous section. If necessary, signs can be installed at a different distance, which in this case is indicated on the plate