Claiming against a council for pothole damage ... how to do it?

Owen

Hit a huge gulley in the road last night coming back from Trabolgan in Co. Cork at around 80kph, and felt the entire car bang down hard. Few miles later, as expected, the car started to shudder and jerk - so I'd a puncture. Limped the car to the petrol station in Midleton, and there was 12 PSI left in the tire. Reinflated it, heard it hissing, overinflated it hoping that just the bead had broken from the wheel, put some tire weld in for good measure and it stopped.

Driving today, same thing, shuddering. Limped the car home, took the wheel off and noticed the tire is bulged, and the wheel is buckled on the inside.

So I've to get the wheel reconditioned - you can't buy them new anymore - and get a new tire. Has anyone successfully claimed against a council, and how's it done? Do you take photos of the pothole & wheel and write a letter?

timmywex

Read a case like this was up in court in Wexford recently.

Essentially the same situation, argument was the council didnt have any warning signs, and wouldnt componsate.

The county council went on to win it

SV

You'll only get any luck if it's been repaired previously AND complained about previously afaik, goodluck though!

challengemaster

As far as I know, it has to be a previously repaired pothole which was repaired badly.. so if you got photos of the pothole, it would have to show it's already been repaired....

Could be completely wrong on this either though...

Owen

Thanks guys. I'd normally not be the claiming type, but that road was seriously screwed up. That was just the first bad pothole I hit - the rest of the road after that was like being on the surface of the moon!

Oh well, will be emptying the wallet I guess

Leprechaun77

My wife drove her car into quite a large pothole about two years ago, resulting in damage to the tyre wall and alloy. I took pictures of the offending trench in the road (a few different distances and angles) and got a receipt for the new tyre and alloy repair, about €200.

I would get this photo before the hole is filled, and always try to get something in the picture which can be used to relatively compare the size of the pothole, e.g. a person/car/lampost. Afterall a picture of a pothole can be made to look as big or small as you want.

I phoned up the council (Fingal) and got the persons name who would have responsibility for such an occurence (;) the wife!), and sent him an email with all the details and pictures. We got a cheque about three weeks later for €180.... I wasn't going to split hairs over the €20.

mickdw

yep, council are not liable in the normal run of things for damage at a pothole which has occured through normal wear & tear or one which has appeared due to flooding etc.
They are however totally liable if you can show that they have carried out an unsuitable repair or a substandard repair. So if this pothole has signs of repairs around it or if it was road works that are poorly finished etc, you can claim.
If the pothole has remained for a long time, there may also be a case as again the council could be proved negligent specially if it could be shown they were notified numerous times of the hole

Leprechaun77

mickdw wrote: »

If the pothole has remained for a long time, there may also be a case as again the council could be proved negligent specially if it could be shown they were notified numerous times of the hole

I would imagine I was paid on this basis as the pothole(s) seemed to be there for years, getting bigger all the time with the increase in dumper trucks etc in the area. I remember dodging the same ones myself a few years previous.

challengemaster

mickdw wrote: »

road works that are poorly finished

So, pretty much every road in the country then?

Owen

Well, at least the buckle's being rolled out as we speak, should have it back tonight, tires tomorrow!

jimb43

<image removed on request> photos straight away tyre shop straight away, form straight away, complain straight away, email them every day. phone them 2 times a day. request freedom of information act " i want a copy of all your reports" just hassle the life out of them , it works

jimb43

heres one for the books,

ba_barabus

You may wish to remove the two above images Jim.

jimb43

Thanks pal i am not one for all para and all, but i suppose you are right, that was a good day too lol
appreciate your wise words
jim

ba_barabus

jimb43 wrote: »

Thanks pal i am not one for all para and all, but i suppose you are right, that was a good day too lol
appreciate your wise words
jim

And the other one..........

jimb43

im asking a mod now to do it , as i carnt get into the post to edit, thanks.

biko

Done, and old thread lock.

Start a new one is you must, and cover details before scan.