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Damaged car on the road

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  • 28-03-2015 1:16am
    #1
    2time
    Registered Users Posts: 152 ✭✭


    I was driving my 08 vectra on a by-road when i met another car and hit a drain hole on side of the road, its about 3 1/2 - 4 inches deep and damaged the 18" alloys and it also pushed the wheel back into the wing and side skirt is scraped , not sure what other suspension damage is done there but cant be driven.
    Someone mentioned i should go to the council but is there any point


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    #2
    9935452
    Registered Users Posts: 2,749 ✭✭✭9935452


    I was told by a Councillor that there is a form to fill out when you car is damaged by such things as potholes.
    before you do anything like that take pictures of the drain with a measuring tape showing the size of it because the moment the problem is highlighted they will fix it .
    Ive heard its difficult to get anything out of them and you could have to take them to the small claims court for it.
    Though beware i heard of a couple of farmers who claimed for burst tyres and got money and then a letter saying the following hedges of the road needed cutting.


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    #3
    2time
    Registered Users Posts: 152 ✭✭2time


    9935452 wrote: »
    I was told by a Councillor that there is a form to fill out when you car is damaged by such things as potholes.
    before you do anything like that take pictures of the drain with a measuring tape showing the size of it because the moment the problem is highlighted they will fix it .
    Ive heard its difficult to get anything out of them and you could have to take them to the small claims court for it.
    Though beware i heard of a couple of farmers who claimed for burst tyres and got money and then a letter saying the following hedges of the road needed cutting.

    would need to take pictures of the car too


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    #4
    mickdw
    Registered Users Posts: 23,260 ✭✭✭✭mickdw


    Careful how you go about this.
    The council are not liable for damage caused by potholes in general once they did not directly create the pothole. Basically there is no obligation on them to provide a pothole free road.
    They are however liable in situations where they can be shown to be negligent.
    So if they dig a hole in the road and you drove into it, they would be liable. If they leave road works in such a state that you can damage your car, they would be liable. If they carry out a sub standard repair to a pothole, you could probably prove they were liable.
    In this case, you would have to make a case that the item you hit was not suitably installed given that it was raised 3 to 4 inches above the road surface. If it's on the side of a road that requires you to pull in to pass another car, you would have a good argument in saying that it wasn't marked or signposted and as such in that road type, it would be reasonable to expect that drivers would be using that area to pass other traffic and as such the council were negligent in not making it safe or at least highlighting its existence.


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    #5
    _Tombstone_
    Closed Accounts Posts: 3,006 ✭✭✭_Tombstone_


    http://www.irishexaminer.com/ireland/ennis-pothole-nets-12k-for-tyre-business-in-a-matter-of-days-263173.html

    http://www.independent.ie/regionals/goreyguardian/news/car-damaged-by-a-pothole-take-it-up-with-god-27322648.html


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    #6
    2time
    Registered Users Posts: 152 ✭✭2time


    I thought part of the the councils job was the upkeep of the roads?
    this was a drain 14 by 14 inches about 20 inches from hedge , the tar around it was eaten away leaving 2 inches in height of steel visible and hole itself was 3 1/2 inches deep, i hit this and put the wheel back, suspension damage, it could have been alot more serious.


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    #7
    2time
    Registered Users Posts: 152 ✭✭2time


    bloody hell damage to my car is €550, alloy wheel cant be repaired.


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    #8
    mickdw
    Registered Users Posts: 23,260 ✭✭✭✭mickdw


    2time wrote: »
    I thought part of the the councils job was the upkeep of the roads?
    this was a drain 14 by 14 inches about 20 inches from hedge , the tar around it was eaten away leaving 2 inches in height of steel visible and hole itself was 3 1/2 inches deep, i hit this and put the wheel back, suspension damage, it could have been alot more serious.

    As I said earlier, in your case, if put in the right way, I can see you having a successful claim. It is not simply good enough to say you damaged your car on a pot hole and think that they will pay out.
    You need to introduce an aspect of poor performance on the council behalf and from your description that should be possible.
    Believe it or not there was an EU directive back in the 70's that would have made it the council's responsibility to ensure the roads were kept in suitable condition. The irish government have managed to ignore this directive since then and have made no effort to bring in the required legislation here. Just shows, they can avoid European wishes when it suits.


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    #9
    Lu Tze
    Registered Users Posts: 3,495 ✭✭✭Lu Tze


    Is it possible at all that you were driving at an inappropriate speed for the situation/road type?

    Just on account of having to go off the road surface (into the drain hole) to avoid collision and the amount of damage caused. It might be difficult to prove negligence on the councils behalf


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    #10
    9935452
    Registered Users Posts: 2,749 ✭✭✭9935452


    mickdw wrote: »
    As I said earlier, in your case, if put in the right way, I can see you having a successful claim. It is not simply good enough to say you damaged your car on a pot hole and think that they will pay out.
    You need to introduce an aspect of poor performance on the council behalf and from your description that should be possible.
    Believe it or not there was an EU directive back in the 70's that would have made it the council's responsibility to ensure the roads were kept in suitable condition. The irish government have managed to ignore this directive since then and have made no effort to bring in the required legislation here. Just shows, they can avoid European wishes when it suits.

    Is that eu directive still valid/active??
    It only makes sense to me that you are paying road tax towards the maintenance of the roads , you should expect them to fill in pot holes and the like.


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    #11
    _Tombstone_
    Closed Accounts Posts: 3,006 ✭✭✭_Tombstone_


    9935452 wrote: »
    Is that eu directive still valid/active??
    It only makes sense to me that you are paying road tax towards the maintenance of the roads , you should expect them to fill in pot holes and the like.

    Redirected to set up irish water is where its gone.

    http://www.thejournal.ie/how-much-will-it-cost-to-set-up-irish-water-1921250-Feb2015/


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    #12
    Mycroft H
    Registered Users Posts: 9,316 ✭✭✭Mycroft H


    2time wrote: »
    I thought part of the the councils job was the upkeep of the roads?
    this was a drain 14 by 14 inches about 20 inches from hedge , the tar around it was eaten away leaving 2 inches in height of steel visible and hole itself was 3 1/2 inches deep, i hit this and put the wheel back, suspension damage, it could have been alot more serious.

    Its unlikely you will get a penny out of it.

    They've not intentionally made a bad repair and if they've not been made aware of the state of the drain they're not really liable. My dad tried years back after hitting a slot drain which ruined an alloy.

    Have a look at this
    http://en.m.wikipedia.org/wiki/Misfeasance


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    #13
    2time
    Registered Users Posts: 152 ✭✭2time


    they won't take responsibility for anything anymore and the roads have got worse so who's job is it to repair them as alot are dangerous and there are 2 potholes on up from this are 2 foot wide and 5 and half inches deep.
    I could have caused a more serious accident and someone could have been seriously hurt


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    #14
    goz83
    Registered Users Posts: 8,034 ✭✭✭goz83


    9935452 wrote: »
    Is that eu directive still valid/active??
    It only makes sense to me that you are paying road tax towards the maintenance of the roads , you should expect them to fill in pot holes and the like.

    There is no road tax. However, there is motor tax and it goes into the central fund, rather than being spent on the roads.


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    #15
    visual
    Closed Accounts Posts: 3,268 ✭✭✭visual


    goz83 wrote: »
    There is no road tax. However, there is motor tax and it goes into the central fund, rather than being spent on the roads.

    Large portion was given to irish water. So can't be much left to put back in roads


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    #16
    2time
    Registered Users Posts: 152 ✭✭2time


    the reason will have to spend so much putting our cars through the NCT is mostly due to the condition of the roads.
    Alot of the road including main roads are a disgrace


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    #17
    goz83
    Registered Users Posts: 8,034 ✭✭✭goz83


    visual wrote: »
    Large portion was given to irish water. So can't be much left to put back in roads

    For the most part, i'm against the set up of IW, but motor tax goes into a central fund. A tabloid report, to say that our motor tax went to IW is nothing but shît stirring and this is not an IW bashing thread.

    Our roads are a disgrace though. I've got a bad back and let me tell you, I feel every bump on the road.....and I live in Dublin.


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    #18
    2time
    Registered Users Posts: 152 ✭✭2time


    I wonder would I have a legitimate claim though as this was not a pothole but was a steel water drain in a pothole that the council let become badly eroded and exposed


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    #19
    visual
    Closed Accounts Posts: 3,268 ✭✭✭visual


    goz83 wrote: »
    For the most part, i'm against the set up of IW, but motor tax goes into a central fund. A tabloid report, to say that our motor tax went to IW is nothing but shît stirring and this is not an IW bashing thread.

    Our roads are a disgrace though. I've got a bad back and let me tell you, I feel every bump on the road.....and I live in Dublin.

    This is the findings of government not tabloid hot air. as they used motor tax money my comment is valid there is less money for roads.
    This is also addition to the existing take to pay for water.
    So don't be expecting the pot of easy extracted motor tax to have sufficient funds to repair and improve roads.


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    #20
    goz83
    Registered Users Posts: 8,034 ✭✭✭goz83


    visual wrote: »
    This is the findings of government not tabloid hot air. as they used motor tax money my comment is valid there is less money for roads.
    This is also addition to the existing take to pay for water.
    So don't be expecting the pot of easy extracted motor tax to have sufficient funds to repair and improve roads.

    Link please.


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    #21
    visual
    Closed Accounts Posts: 3,268 ✭✭✭visual


    goz83 wrote: »
    Link please.
    Two thirds of the money diverted to Irish Water came from your motor tax: https://youtu.be/jGhdjNX50-8


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    #22
    Bruthal
    Closed Accounts Posts: 13,422 ✭✭✭✭Bruthal


    goz83 wrote: »
    There is no road tax. However, there is motor tax and it goes into the central fund, rather than being spent on the roads.

    Road tax, motor tax, what difference does a name make. Its not spent on the motor either, but is paid for using roads. Motorists pay their way for road upkeep even if they are not kept in good condition. A tax name change facilitates spending the money elsewhere. But even the fully aligned minds to a government name change who ask "what is road tax", know what it is.


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    #23
    2time
    Registered Users Posts: 152 ✭✭2time


    2time wrote: »
    I wonder would I have a legitimate claim though as this was not a pothole but was a steel water drain in a pothole that the council let become badly eroded and exposed

    so would it be a waste of time taking this any further then?


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    #24
    mickdw
    Registered Users Posts: 23,260 ✭✭✭✭mickdw


    2time wrote: »
    so would it be a waste of time taking this any further then?

    No. I think you should lodge a claim with council but as I said before, be sure to state it in such a way that shows you know the law on it and also come at it from the angle of this beeping a substandard installation adjacent to roadway without any warning etc l.
    The council get hundreds of claims with people ranting about potholes without knowing the law.
    If you make a coherent argument and infer that there is council liability showing some grasp of the law, they will not have the stomach to fight it.


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