Claiming damages off a pothole

Badthur

Hello,

My first post here so forgive me if this isn't the ideal place to post this.

About 2 weeks ago, going to work I hit a pothole (more like a crater). The pothole blew out a tire and caused other damages to the car.
By now it has been filled in (along with everything else on the road). Dungourney to Fermoy road, if anyone's driven it they know how **** the road can be. Was terrible after the Christmas period.

Anyway, I'd like to know the best way to claim off this. Or if that's even possible.
How would I go about doing it?

Thanks in advance

facehugger99

Not a hope.

How would you prove that it was the pothole which caused the blow-out?

ltdslipdiff

Hi OP,
I've had the same experience many times. It goes a little like this, all Co.Councils are insured for claims like this. Basically the onus is on you to prove that there was nonfeasance or duty of care present on that stretch of road, or in other words,did the council know that the road had fallen in to disrepair either by having repaired it previously or been given due notice that there were potholes present.
You'd also need to have a picture of the pothole, and damage to your car (quote for repair).
Regards - ltdslipdiff

Tenigate

You can't sue the pothole as it is not a legal person, no longer exists, and furthermore has no property. Side note but any property you attempt to remove from a pothole would result in the pothole becoming larger and you may find yourself responsible for damages caused to other vehicles.

Edit: nevermind i think i misunderstood your query

Badthur

facehugger99 wrote: »

Not a hope.

How would you prove that it was the pothole which caused the blow-out?

I have a lot of pictures of the pothole, with a wellie in it showing how deep it is as well as the width, a video showing the angles and how it would be pretty much impossible to avoid it with an oncoming vehicle (which is exactly what happened in my case).
That along with the fact that I had to call work, tell them I would be late because I had to change the tire, come in 20 minutes late because of it, with dirt all over me.

Badthur

ltdslipdiff wrote: »

Hi OP,
I've had the same experience many times. It goes a little like this, all Co.Councils are insured for claims like this. Basically the onus is on you to prove that there was nonfeasance or duty of care present on that stretch of road, or in other words,did the council know that the road had fallen in to disrepair either by having repaired it previously or been given due notice that there were potholes present.
You'd also need to have a picture of the pothole, and damage to your car (quote for repair).
Regards - ltdslipdiff

Yeah I'm pretty sure that they knew. It was nearly 2 weeks before they actually came and repaired the stretch of road however.
The car will be going to our mechanic soon for repairs. It had to go to the NCT yesterday, so there is the results sheet from that as well.
Like I just replied to facehugger, yeah, I did take pics (quite a lot) and a video of it.
In regards to the damage - I'm not quite sure how I'd actually prove it was that pothole. I did park outside of a house to change the tire after the incident, though I've no idea if anyone was home and saw me changing it.
Tho when I came back a few days later to document the pothole, a lady asked me what I was doing from inside the house (and told her what I was doing, of course).