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Tyre damage claim help please

  • 03-03-2010 3:37pm
    #1
    Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭


    Hello all,

    I just finished swapping over my wheel. Got a puncture driving in my town along the rural roads.

    On the way home, met a hedge cutting tractor coming the other way.

    He was leaving a stream of broken branches etc in his wake.

    Pulled into my driveway, and saw I had a flat.

    Pulled off the wheel and saw a sharp piece of branch sticking out f the inside sidewall of my rear tyre.
    It has left a 1" gash on the sidewall, meaning I will need a new tyre.

    Does anyone know the procedure for claiming against the council for tyre damage?

    I have taken photos of both the damage and I walked back up the road to take pics showing the branches all over the road.

    Thank you


Comments

  • Closed Accounts Posts: 3,946 ✭✭✭BeardyGit


    It's just a hazard of driving on rural roads at this time of year. Think you'll just have to suck it up and get on with your life to be fair.

    You drove over a branch that may or may not have been there as a result of hedge cutting, as it could have happened half a mile or more back the road, and you'll have no way to prove it's either the councils fault or the hedge cutters fault....It's not like you drove over a pile of blocks left on the road by the council, or into an unmarked works dig. If that were the case I'd be all in favour of you getting paid for the damage, but what it sounds like you're expecting is kind of taking the piss.


  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    Gil_Dub wrote: »
    It's just a hazard of driving on rural roads at this time of year. Think you'll just have to suck it up and get on with your life to be fair.

    You drove over a branch that may or may not have been there as a result of hedge cutting, as it could have happened half a mile or more back the road, and you'll have no way to prove it's either the councils fault or the hedge cutters fault....It's not like you drove over a pile of blocks left on the road by the council, or into an unmarked works dig. If that were the case I'd be all in favour of you getting paid for the damage, but what it sounds like you're expecting is kind of taking the piss.

    I woudnt agree. These machines can leave dangerous sharp pieces of branches on the road when cutting. They typically must have a flag man on site too while working. Im sure the flag man has a general responsibility towards public safety. No way should they leave the site in a condition which could cause a serious accident. If the tyre is severely damaged, this could have caused a blow out. The road should be cleaned up before all signage etc is removed.
    If your car is damaged on the road be it on a pothole or whatever you have no claim unless you can prove the council carried out a faulty repair or were negligent in some way. They are not liable for any damage should a pothole appear due to frost/floods etc. They are liable if they carry out a repair & then you damage your car because the repair has been ripped up again straight away due to por work.
    If you can show that they behaved negligently by not ensuring that the road was clear, you could have a case.
    If its a €50 tyre,I wouldnt bother but if its a €300 tyre, I would try.


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    Gil_Dub wrote: »
    It's just a hazard of driving on rural roads at this time of year. Think you'll just have to suck it up and get on with your life to be fair.

    You drove over a branch that may or may not have been there as a result of hedge cutting, as it could have happened half a mile or more back the road, and you'll have no way to prove it's either the councils fault or the hedge cutters fault....It's not like you drove over a pile of blocks left on the road by the council, or into an unmarked works dig. If that were the case I'd be all in favour of you getting paid for the damage, but what it sounds like you're expecting is kind of taking the piss.

    You obviously didnt read my post peoperly.

    I passed the machine trimming the hedges on my way home.

    There were large branches strewn over the road, some as thick as your fist.

    I pulled a freshly cut branch out of the sidewall of my tyre.

    If that is taking the piss, then I dont know what you are on about.
    If you were following a gravel truck spilled rocks onto your car, would that be a "risk" of living in an urban area?

    If you are paid to cut the hedges, then you have a responsibility to clean up after you.


    Anyway, the Council were very helpful when I phoned them.


  • Registered Users, Registered Users 2 Posts: 84,748 ✭✭✭✭Atlantic Dawn
    M


    When was the last time you checked the tyre pressure on your tyres? Not being smart but the majority of punctures like this are caused by poorly inflated tyres.


  • Registered Users, Registered Users 2 Posts: 4,088 ✭✭✭sean1141


    im sure no one forced you to drive over these broken branches. you took the risk by driving over them. you could send the pics to the council with a complaint or contact your local td etc but i think your at a thing called nothing


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