Claim off council

ct5amr2ig1nfhp

Hi,
Don't know if this is the right forum.

I was driving home the other day and accidentally went into a very large pothole. It was just around a bend, and unless you knew it was there, was unavoidable (esp when the road is too small for the lorry coming towards you, to keep on its own side)

There's a fair bit of damage to my front axel and the wheel is completely fudged.

I am furious and am just wondering is it possible to claim off the council for the repair cost? (Fingal CC btw)

Thanks
ambrose :cool:

seamus

I'm not entirely sure. Potholes are classed as hazards, and as such, should be avoided, which is probably what they'll use against you.

I haven't a clue though, maybe someone else has tried....

ct5amr2ig1nfhp

Btw, I forgot to mention that the pothile is now filled in (was done about 2 days later). Very poorly mind you.

Sleipnir

Then it will be next to impossible for you to prove that it was that pothole which caused the damage. Usually photographs of the offending chasm are required.

peterk19

Apparently it is possible ive heard of a few people getting replacemnt alloys over that sort of thing
but take a pic of the hole and the damage soon before it is filled it sounds like the pothole that got me on the Baskin Lane.
Pete

Seth Brundle

From what I know, it is extremely difficult to make a claim for this typ of thing as the council are almost exempt from blame. IIRC, they are only liable if there was a warning given to them about the potential danger and they didn't react to it.
Also, how can you prove it was caused by the pothole? Not trying to be smart but you don't have any evidence.

mike65

As far as I know, the only chance of a successful claim is when the cause of damage is a (bad) repair done by the council, not damage caused due to lack of proper maintenence.

Mike.

ct5amr2ig1nfhp

Pete,
You got it in one. Coming back from Airport on same road just as you come up to the Baskins you come around the bend and up a little hill. They've a few cones around the pothole now aswell. (They were there this morning)

Thanks for the replies. I'm going to give it a go anyway.

I had two people in the car. I hope that will help.

ambrose

Btw. That road up to the Airport is in terrible condition. They resurfaced only to a certain point on both sides. But didn't resurface the part that was REALLY in bad shape.

peterk19

if they start giving you**** over it i can go witness on size too also i had to passengers with me so that is proof of it and how far ir was out it was nearly a foot deep caused me to have to buy a new tyre
Pete

DukeDredd

Happened to me once too - makes one wonder as to why we bother paying road tax.