A pothole banjaxed my tyre

meoklmrk91

So I was driving home from college today on a back road when this massive jeep came barrelling towards me, I had no where to go and ended up on a massive and I mean massive pothole, I got out to check if the car was okay and I knew that I had a puncture so I drove to the next town to get it repaired, it was much worse than I had thought and the tyre had to be replaced. My question is can I claim from the Co. council for the price of the new tire as if the pothole wasn't there then this never would have happened. I have heard of people doing it before but I would imagine it would be possible to get the money out of them

Nissan doctor

You can only claim if you have evidence that the council already repaired that very pothole.

meoklmrk91

Nissan doctor wrote: »

You can only claim if you have evidence that the council already repaired that very pothole.

Well I am not from there so don't think I could provide proof, the pothole was full of loose chippings though, so maybe if I took a picture???

guil

why did you drive on a flat tyre and how far

mickdw

Nissan doctor wrote: »

You can only claim if you have evidence that the council already repaired that very pothole.

Yep,

Basically, the council are not bound to keep the roads in suitable condition. They are however responsible if they carry out substandard work. So for example, you damaged the car at an area where roadworks were ongoing or if they carried out a terrible repair to a pothole that didnt last, they would be liable as there actions resulted in the damage.

In short, if they havent been near it, its not their problem.

Interestingly, back in the 70s, There was a directive from Europe that aimed to ensure that the local authorities would be responsible for keeping the roads at a suitable standard. This would make them liable for all damage due to poor surfaces etc but surprise surprise, it was never made into law here. Funny how they can ignore european directives when it suits them.

meoklmrk91

guil wrote: »

why did you drive on a flat tyre and how far

Because I was in the middle of no where, I live quite far from my college so there was no one I could call to come and help me out. I just didn't see any other way out of it, I would say I drove a couple of miles.

guil

can you really not change a wheel

mickdw

meoklmrk91 wrote: »

Well I am not from there so don't think I could provide proof, the pothole was full of loose chippings though, so maybe if I took a picture???

If the pothole was temporarily filled with loose chips by the council or if it appeared very much like this in a photo, you would have a very good chance of claiming.

Nissan doctor

guil wrote: »

can you really not change a wheel

If they tyre was damaged by a pothole it would have been damaged beyond repair even without driving on it.

He also said he was on a narrow country road so its doubtfull that stopping to change a tyre would have been safe.

meoklmrk91

guil wrote: »

can you really not change a wheel

Also I am a she, I can't get the nuts to loosen, and believe me I have tried, even jumping on the wheel brace doesn't work.

heate

You can't simply ex

meoklmrk91

mickdw wrote: »

If the pothole was temporarily filled with loose chips by the council or if it appeared very much like this in a photo, you would have a very good chance of claiming.

So I take my pic and get a receipt of the guy who replaced the tyre and then what?

The damage may have been caused by driving on a flat for a couple of miles, you'll have difficulty claiming that the damage was caused by the pothole I would think.

superstoner90

meoklmrk91 wrote: »

Also I am a she, I can't get the nuts to loosen, and believe me I have tried, even jumping on the wheel brace doesn't work.

well women are able to puch out a baby , so id say loosening a few would nuts be simple...:p

meoklmrk91

superstoner90 wrote: »

well women are able to puch out a baby , so id say loosening a few would nuts be simple...:p

I know it maddens me, I'm very independent and hate having to ask a man for help but just not able to get them to loosen:mad:

meoklmrk91

RoverJames wrote: »

The damage may have been caused by driving on a flat for a couple of miles, you'll have difficulty claiming that the damage was caused by the pothole I would think.

But it also could just have easily have been caused by the pothole.

corktina

Its a real problem for a Woman, and it also may not be safe for them to be alone fixing a wheel in some country lane. Under the circumstances she had little choice but to drive on assuming she didn't have breakdown cover .

As for the tyre,OP ? having driven on it , I doubt anyone will pay for it but you. Sorry.

meoklmrk91

meoklmrk91 wrote: »

But it also could just have easily have been caused by the pothole.

I think if one did an experiment as follows
- hit loads of potholes
or
- drive on flat tyre for a couple of miles
one would find that it in actually more likely that driving on a flat tyre for a couple of miles is more likely to do damage.

No doubt the puncture may have been caused by the pothole.

superstoner90

meoklmrk91 wrote: »

I know it maddens me, I'm very independent and hate having to ask a man for help but just not able to get them to loosen:mad:

get the yoke they have in the grand prix for the pit stop and twud be done with speed..:D

meoklmrk91

superstoner90 wrote: »

get the yoke they have in the grand prix for the pit stop and twud be done with speed..:D

The lad at the repair place had one it was seriously cool. However I think I hold on to my savings for the next pothole I meet:rolleyes:

I guess I will just be eating the cost of this one, perfect timing in the run up to x-mas and all and still waiting for my grant. Thanks anyway guys.

superstoner90

meoklmrk91 wrote: »

The lad at the repair place had one it was seriously cool.

i can just imagen you in the repair place garage twurling your hair beng all flurty :pac::pac::D

mickdw

meoklmrk91 wrote: »

So I take my pic and get a receipt of the guy who replaced the tyre and then what?

It would be better if you could show your tyre wasnt driven flat but yes, get receipt and get a wheel alignment check done & receipt too as you really should be doing this if you hit a pothole very hard.
Write a simple note, explaining that you hit pothole and state that there was a substandard repair carried out previously as evidenced by the fresh/loose chippings surrounding the pothole in the photo. Say that you are holding them responsible due to the evidence of the previous substandard repair and are seeking recovery of the costs.
Hand it in to local council office and get a receipt for it.

If its not very obvious that the repair was relatively recent, it wont work.

pudzey101

I claimed against my local councils insurance for doing the exact same ( very hard get money from them) but i had adequate proof , pictures etc repair work was 130 but my mechanic threw down 280 on the estimate and i got it

superstoner90

pudzey101 wrote: »

I claimed against my local councils insurance for doing the exact same ( very hard get money from them) but i had adequate proof , pictures etc repair work was 130 but my mechanic threw down 280 on the estimate and i got it

*calls 999*

MugMugs

pudzey101 wrote: »

I claimed against my local councils insurance for doing the exact same ( very hard get money from them) but i had adequate proof , pictures etc repair work was 130 but my mechanic threw down 280 on the estimate and i got it

This is Pudzey and when he exaggerated his insurance claim, he was putting his hand into your pocket! Sound familiar? You've just dropped pretty low in my opinion.

galwayjohn89

pudzey101 wrote: »

I claimed against my local councils insurance for doing the exact same ( very hard get money from them) but i had adequate proof , pictures etc repair work was 130 but my mechanic threw down 280 on the estimate and i got it

Can't believe you admitted to this online and seem proud of it.

Can't understand people that do stuff like this then complain that insurance is so expensive.

Mr.Success

meoklmrk91 wrote: »

So I was driving home from college today on a back road when this massive jeep came barrelling towards me, I had no where to go and ended up on a massive and I mean massive pothole, I got out to check if the car was okay and I knew that I had a puncture so I drove to the next town to get it repaired, it was much worse than I had thought and the tyre had to be replaced. My question is can I claim from the Co. council for the price of the new tire as if the pothole wasn't there then this never would have happened. I have heard of people doing it before but I would imagine it would be possible to get the money out of them

No, you were probably driving to fast coming into the pothole, and you should have pulled over straight away and change the wheel, not drive it while punctured.

-Chris-

pudzey101 wrote: »

I claimed against my local councils insurance for doing the exact same ( very hard get money from them) but i had adequate proof , pictures etc repair work was 130 but my mechanic threw down 280 on the estimate and i got it

As per the Charter, please don't advocate or condone illegal activities.

@everyone else - it's dealt with, please move on.

meoklmrk91

I will take pic and throw it and receipt into council office, all they can do is say no. Thanks again to everybody.

pudzey101

and even with the 280 i got still didnt cover it ! had to get 4 new set of alloys as the 2 i hit wer too badly damaged to be repaired.

TestTransmission

pudzey101 wrote: »

and even with the 280 i got still didnt cover it ! had to get 4 new set of alloys as the 2 i hit wer too badly damaged to be repaired.

You're digging yourself into a hole there fella.

Nissan doctor

TestTransmission wrote: »

You're digging yourself into a hole there fella.

That was the problem in the first place......:P

pudzey101

pudzey101 wrote: »

..................... repair work was 130 but my mechanic threw down 280 on the estimate and i got it

pudzey101 wrote: »

and even with the 280 i got still didnt cover it ! had to get 4 new set of alloys as the 2 i hit wer too badly damaged to be repaired.

What was the €130 for so ............... and more importantly if you are down money why the hell are you so about it :pac:

patrickc

meoklmrk91 wrote: »

The lad at the repair place had one it was seriously cool. However I think I hold on to my savings for the next pothole I meet:rolleyes:

I guess I will just be eating the cost of this one, perfect timing in the run up to x-mas and all and still waiting for my grant. Thanks anyway guys.

buy an extendible wheel brace like this, will make opening the nuts a lot easier.

http://www.ebay.ie/itm/EXTENDABLE-WHEEL-BRACE-NUT-WRENCH-4-sizes-17mm-19mm-21mm-23mm-1-2-drive-/180734965770?pt=UK_Hand_Tools_Equipment&hash=item2a14a4b80a

Nissan doctor

patrickc wrote: »

buy an extendible wheel brace like this, will make opening the nuts a lot easier.

http://www.ebay.ie/itm/EXTENDABLE-WHEEL-BRACE-NUT-WRENCH-4-sizes-17mm-19mm-21mm-23mm-1-2-drive-/180734965770?pt=UK_Hand_Tools_Equipment&hash=item2a14a4b80a

Or make sure whoever fits the wheels tightens them to the correct torque in the first place, then there should be no problem for anyone to open them.

patrickc

Nissan doctor wrote: »

Or make sure whoever fits the wheels tightens them to the correct torque in the first place, then there should be no problem for anyone to open them.

i know if mine havent been opened in a long time, could be 6 months or more, i'll never open them with the normal wheel brace, and the lad i go to always checks the torque on them

pudzey101

RoverJames wrote: »

What was the €130 for so ............... and more importantly if you are down money why the hell are you so about it :pac:

130 was tracking, checking over parts and 2 spare wheels i dont know thb:D just glad to have the car back now and get money from them seens i pay road tax

Edit: also know alot of people i know had, cracked alloys, suspensions wrecked, shocks gone, ball joints etc..due to unfixed potholes, and the council gave nothing for it cuz they had no evidence or that only saying, tough times now, im sure alot of ye would jump to the conclusion of getting a bit extra money by what ever means possible
also im pretty sure none of ye like paying car tax for years and years, and would like to get something back if an accident or something did happen

MugMugs

No No No !

You're back tracking like an Italian tank here.

pudzey101 wrote: »

I claimed against my local councils insurance for doing the exact same ( very hard get money from them) but i had adequate proof , pictures etc repair work was 130 but my mechanic threw down 280 on the estimate and i got it

pudzey101 wrote: »

130 was tracking, checking over parts and 2 spare wheels i dont know thb:D just glad to have the car back now and get money from them seens i pay road tax

Edit: also know alot of people i know had, cracked alloys, suspensions wrecked, shocks gone, ball joints etc..due to unfixed potholes, and the council gave nothing for it cuz they had no evidence or that only saying, tough times now, im sure alot of ye would jump to the conclusion of getting a bit extra money by what ever means possible
also im pretty sure none of ye like paying car tax for years and years, and would like to get something back if an accident or something did happen

Eh, No. I'm not a thief and pride myself on living with the feeble crumbs I get thrown to me monthly without commiting fraud.


OP - You weren't driving with the conditions that the road required. It's your fault.

Vizzy

-Chris- wrote: »

As per the Charter, please don't advocate or condone illegal activities.

@everyone else - it's dealt with, please move on.

Obviously not !

pudzey101 wrote: »

and even with the 280 i got still didnt cover it ! had to get 4 new set of alloys as the 2 i hit wer too badly damaged to be repaired.[/QUOTE

You should have saved the €280 cos after broadcasting this on a public forum,monotored by the Gardai, you might need to buy some fresh rubber-and I'm not talking tyres

-Chris-

Vizzy wrote: »

-Chris- wrote: »

As per the Charter, please don't advocate or condone illegal activities.

@everyone else - it's dealt with, please move on.

Obviously not !

pudzey101 wrote: »

and even with the 280 i got still didnt cover it ! had to get 4 new set of alloys as the 2 i hit wer too badly damaged to be repaired.

You should have saved the €280 cos after broadcasting this on a public forum,monotored by the Gardai, you might need to buy some fresh rubber-and I'm not talking tyres

Your version of "it's dealt with, please move on" and my version seem to be quite different. I'd suggest you think twice before posting again.