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Who Is Responsible???

  • 25-01-2008 8:40am
    #1
    Hooky 25
    Closed Accounts Posts: 23 ✭


    I don't know if there has been a thread like this before.
    But i do a lot of driving around Dublin and the other parts of the country, As everybody knows the roads are in a terrible state.
    If i hit a pot hole and its that deep, that the bottom of the bumper scrapes the ground, one of them ones you cant avoid, Who Is Responsible????
    With all the road tax we pay we should be driving on streets of gold, should we be able to claim off the government???
    Or what about when we just valet our cars and drive through a place where there is construction going on filthy car and on top of that theres a big concrete truck in front of you and its raining stones and the windscreen gets cracked. Do we chase the driver down and make him pay.
    Who's responsible???
    Just a few things that bug me.


Comments

  • #2
    L1011
    Registered Users, Registered Users 2 Posts: 71,128 ✭✭✭✭L1011


    If your vehicle is damaged by you driving correctly for the conditions on poor roads - e.g. due to potholes - you have the ability to make a claim against the council. Theres a few on here that have claimed for tyres or alloy wheels due to pothole damage I believe. You'd need to get photographic proof of the hole, for a starter.

    If stones come off a construction vehicle and damage your vehicle the driver/owner/insurer of said vehicle is liable. Take down their reg and contact the company - name is very likely on the back.


  • #3
    mickdw
    Registered Users, Registered Users 2 Posts: 23,686 ✭✭✭✭mickdw


    MYOB wrote: »
    If your vehicle is damaged by you driving correctly for the conditions on poor roads - e.g. due to potholes - you have the ability to make a claim against the council. Theres a few on here that have claimed for tyres or alloy wheels due to pothole damage I believe. You'd need to get photographic proof of the hole, for a starter.

    If stones come off a construction vehicle and damage your vehicle the driver/owner/insurer of said vehicle is liable. Take down their reg and contact the company - name is very likely on the back.

    You cannot claim off council if pothole formed over time. Only possible to claim if they made a poor repair so if you damage car on roadworks, yes you have a case or on pothole where there is evidence of loose chips etc but generally they are not responsible. A legal document making them responsible exists but was never brought into law.


  • #4
    Hooky 25
    Closed Accounts Posts: 23 ✭Hooky 25


    streets of gold


  • #5
    maidhc
    Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭maidhc


    mickdw wrote: »
    You cannot claim off council if pothole formed over time. Only possible to claim if they made a poor repair so if you damage car on roadworks, yes you have a case or on pothole where there is evidence of loose chips etc but generally they are not responsible. A legal document making them responsible exists but was never brought into law.

    Exactly.


  • #6
    MajorMax
    Registered Users, Registered Users 2 Posts: 865 ✭✭✭MajorMax


    My brother ruined one of his alloys on his alfa romero on a pothole in Mayo and the county council just laughed at him when he tried to get them to pay for it


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  • #7
    Run_to_da_hills
    Closed Accounts Posts: 20,009 ✭✭✭✭Run_to_da_hills


    One solution to the pothole problem would be to circle and fill every large pothole with bright colour paint to warn of its potential hazzard. (Just make sure you don't get hit by by doing so!) :)


  • #8
    Darwin
    Registered Users, Registered Users 2 Posts: 2,695 ✭✭✭Darwin


    Hooky 25 wrote: »
    on top of that theres a big concrete truck in front of you and its raining stones and the windscreen gets cracked. Do we chase the driver down and make him pay.
    Who's responsible???
    Just a few things that bug me.

    If the truck is coming the other way it may be long gone by the time you have a chance to do anything about it. It happened to me recently, except the (large) stones were already in the middle of the road and a truck coming the other way drove over them and bang straight into my windscreen. Luckily I had windscreen cover, but the front bumpers were dented and scratched as well.


  • #9
    OTK
    Closed Accounts Posts: 556 ✭✭✭OTK


    mickdw wrote: »
    You cannot claim off council if pothole formed over time. Only possible to claim if they made a poor repair so if you damage car on roadworks, yes you have a case or on pothole where there is evidence of loose chips etc but generally they are not responsible. A legal document making them responsible exists but was never brought into law.
    Nonfeasance vs misfeasance
    http://en.wikipedia.org/wiki/Malfeasance


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