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Destroyed tyre from pot hole

  • 16-01-2010 12:47pm
    #1
    Closed Accounts Posts: 5,362 ✭✭✭


    Can anyone tell me if I've any comeback from the county council having had to replace a tyre this morning from going into a hidden pot hole in the dark? The road in question was absolutely destroyed with deep holes.


Comments

  • Registered Users, Registered Users 2 Posts: 2,126 ✭✭✭Psychedelic


    i doubt it, unless you could prove it that the damage was done on a council road.

    was it the tramore-waterford back road by any chance? huge potholes on that road.


  • Closed Accounts Posts: 21 dm69


    you will get it once you get photos of the pothole with time & date proof. it can take a couple of months but they will pay if you keep on hassling them


  • Registered Users, Registered Users 2 Posts: 491 ✭✭woody33


    The Tramore-Dunmore road is in bits, take it easy. County councils used to pay for pot hole damage to cars, but I hear Kilkenny Co.co. is now saying forget about it. Don't know what the courts will make of it.


  • Closed Accounts Posts: 5,362 ✭✭✭Trotter


    I'll take a photo of the hole later. I have a photo of the tyre and a copy of the bill. Everything about this country is driving me nuts. We can't even keep the roads together after a week of cold weather.


  • Closed Accounts Posts: 5,943 ✭✭✭smcgiff


    Nope - you will not get refunded.

    The council will claim nonfeasance which pretty much entitles them to be incompetent. It is a disgrace and I've been down this road (sorry!) with Clare Co Co going all the way to the ombudsman claiming the council were liable under malfeasance, but no joy.

    If you do go ahead I wish you better luck than I had.

    EDIT:- Should ad more info. The only way the council are liable is if you can prove they were told about the exact pot hole that caused your accident and they didn't fix it.

    The pot hole that caused my €320 tyre to rupture was amongst a long standing group of potholes that were ever present on the road outside Westbury leading into Corbally (before the bridge) but I still failed. On the plus side Clare Co Co completely retarred this road and fixed the problem which was there the 10 years I've been living there and I've been told existed for at least 10 years before that. So, an okay result, but no direct personal compensation.


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  • Registered Users, Registered Users 2 Posts: 29,096 ✭✭✭✭looksee


    There was someone from one of the County Councils on TV during the week explaining exactly why they did not accept responsibility for damage by pothole. (I lost interest after the 'do not accept' bit so I don't know what the argument was). In fairness to WCoCo, they have been filling in potholes on the Tramore/Waterford back road for the last couple of days, but more are developing.


  • Registered Users, Registered Users 2 Posts: 811 ✭✭✭mal1


    Giving out compensation would surely open a can of worms for the council. It's might not be totally fair but i can totally understand their position.

    When driving locally i usually know when i need to slow down due to potholes. Even with the bad weather, the same suspect roads have gotten worse, the rest seem fine.


  • Registered Users, Registered Users 2 Posts: 796 ✭✭✭rasper


    mal1 wrote: »
    Giving out compensation would surely open a can of worms for the council. It's might not be totally fair but i can totally understand their position.

    and rightly so we let the authorities away with far too much in this county, if it happened to me I'd push it to the edge, if more people claimed it'd be cheaper to fix the roads.
    Our roads are a disgrace and its not from the lack of funds its from the waste of funds


  • Registered Users, Registered Users 2 Posts: 196 ✭✭Stan Nangle


    mal1 wrote: »
    Giving out compensation would surely open a can of worms for the council.

    "The Council" don't actually care. They get paid their salary one way or the other.

    It is you and me who who would end up paying in higher taxes.


  • Registered Users, Registered Users 2 Posts: 11,907 ✭✭✭✭Kristopherus


    Well, if you slip & fall in the CoCo' office, you can claim damages & in most cases you will be compensated, because its on CoCo property.But fall into a pothole on the road outside & CoCo will not entertain you. Try building a wall in front of your house and you will be told in no uncertain terms that you cannot encroach onto CoCo property. Surely they have a duty of care to the general public by keeping their property in tip top shape. I reckon if enough people claim and follow through to the Ombudsman if necessary, some councils will eventually compensate. Come to think of it, is this not an opportune time to make this proplem an election issue.


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  • Registered Users, Registered Users 2 Posts: 16 tadru


    WONDERING IF YOU SAW THE GIRL ON TELLY, HER WHEEL WAS COMPLETLY DESTROYED. COUNCIL GUY INTERVIEWED, HE CLAIMS NO LIABILITY.


  • Registered Users, Registered Users 2 Posts: 796 ✭✭✭rasper


    I've heard of people claiming from the council after an injury from pothole or the likes, so if a pedestrian can why not a car , surely negligence is negligence, hopefully you will follow this through and keep us informed


  • Registered Users, Registered Users 2 Posts: 1,069 ✭✭✭Hoffmans


    they should be paying yes you need a pic of the pothole with your car in the backround

    malfeasance
    so next time someones gets a parking ticket claim malfeasance like been a bit incompent with the parking ,,...


  • Closed Accounts Posts: 15 bumm


    Hello All,

    Ok. Last November hit a pothole near Kilcock on the Kildare/Meath border. It was in Meath CoCo's juristiction.
    Burst tyre, damaged rim and lo and behold side curtain airbags deployed due to impact. This occurred at 8.15pm so it was dark and altough i was on a minor road it was busy due to traffic being diverted around Kilcock due to roadworks. Incident happened near a bad bend so with the hazards on i had to manouvre the car around and pull in so that i would'nt cause an accident while changing the wheel. Got out of the car and realised the boot was full of rubbish bags that i was going to bring to the recycling centre the next day. As i proceded to remove these to the back seat in order to access the spare wheel a car slows down and a woman's voice heckled me with the query. 'Are you throwing rubbish out of the car'? No. i replied i've hit a pothole and i'm about to change the wheel. 'Looks like your throwing rubbish into the ditch' she added and with that she drove off. She was lucky she drove off or i would have been saying;'looks like you have a wheel brace sticking out of your c**t'. To make a long storey short i got the wheel changed and my faith was restored in humanity when another car stopped and the occupant's offered to help.

    To refit side impact airbags in a Citroen C5 costs wait for it. €3,300, new tyre was €80. Did the whole photographic survey of the pothole, compiled an incident report thingy etc etc. and sent it off to Meath CoCo. In the meantime had informed my solicitor so i was'nt surprised to get a letter to day with the ridicuolous non-feasance excuse.

    I'm not going to write much more but there is a sequel when i claimed on my own insurance to have the damage repaired. To make a long storey short i'm down €1,700, have had to listen to f**king Indians working for Aviva Insurance, a pr**k of a motor engineer doing his damndest to get a high commission along with the latest s**t form Meath F**king CoCo.

    This country is f**ked -I'm leaving


  • Registered Users, Registered Users 2 Posts: 1,069 ✭✭✭Hoffmans


    bumm wrote: »
    Hello All,

    Ok. Last November hit a pothole near Kilcock on the Kildare/Meath border. It was in Meath CoCo's juristiction.
    Burst tyre, damaged rim and lo and behold side curtain airbags deployed due to impact. This occurred at 8.15pm so it was dark and altough i was on a minor road it was busy due to traffic being diverted around Kilcock due to roadworks. Incident happened near a bad bend so with the hazards on i had to manouvre the car around and pull in so that i would'nt cause an accident while changing the wheel. Got out of the car and realised the boot was full of rubbish bags that i was going to bring to the recycling centre the next day. As i proceded to remove these to the back seat in order to access the spare wheel a car slows down and a woman's voice heckled me with the query. 'Are you throwing rubbish out of the car'? No. i replied i've hit a pothole and i'm about to change the wheel. 'Looks like your throwing rubbish into the ditch' she added and with that she drove off. She was lucky she drove off or i would have been saying;'looks like you have a wheel brace sticking out of your c**t'. To make a long storey short i got the wheel changed and my faith was restored in humanity when another car stopped and the occupant's offered to help.

    To refit side impact airbags in a Citroen C5 costs wait for it. €3,300, new tyre was €80. Did the whole photographic survey of the pothole, compiled an incident report thingy etc etc. and sent it off to Meath CoCo. In the meantime had informed my solicitor so i was'nt surprised to get a letter to day with the ridicuolous non-feasance excuse.

    I'm not going to write much more but there is a sequel when i claimed on my own insurance to have the damage repaired. To make a long storey short i'm down €1,700, have had to listen to f**king Indians working for Aviva Insurance, a pr**k of a motor engineer doing his damndest to get a high commission along with the latest s**t form Meath F**king CoCo.

    This country is f**ked -I'm leaving
    not surprised man with their reaction this non frasence nonsense is handy for affiliate state companies like the cocos, but when a person uses it they end up in a court charades......


  • Closed Accounts Posts: 15 bumm


    Yea, Had thought of that. i could use the non-feasance bollocks for everything. Not paying motor tax for instance - i'm sure the guards would be very sympathetic if i told them i did'nt bother to pay it. I looked up this non-feasance stuff and it looks like it's starting to be taken as s**t excuse in other juristictions by the courts. I wonder what the storey is here??? Also found a solicitors website that was offering guidance/courses to CoCo's on how to avoid public liability claims. I bet those p***ks make a nice little earner from stupid fat lazy incompetant civil servants spending tax payers money instead of doing what their supposed to do.

    We are being governed by fools


  • Registered Users, Registered Users 2 Posts: 8,729 ✭✭✭Speak Now


    I rang the county council complaining about a bad stretch of road on the way to my house (So bad the holes couldn't be avoided on either side).
    The girl on the phone said if you do any damage that the council will cover the cost. Now it never came to it as i crawled through them at 5KPH but someone not knowing the road may have done serious damage as people tend not to take much note of a farmers "Slow" sign.
    Now i dont know if she was just fobbing me off or if i would have had a case because i had rang them often (and everyone else on the road). This Winter was the final straw and the road was finally resurfaced (30 meter stretch) after years of throwing a bit of tar in the holes.


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