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Car damaged by dangerous road works. Looking for advice about seeking compensation

  • 15-07-2019 3:01pm
    #1
    Registered Users, Registered Users 2 Posts: 80 ✭✭


    I was driving through some roadworks in Bunclody yesterday evening, and on one patch of road they had dug into the surface and left a significant and steep rise of at least 6 inches. This was unmarked and not visible when driving towards it.

    I drove through and it immediately punctured one of my tyres and damaged the wheel. I had to pull in to a petrol station and change it out for the spare. While we were pulled in changing the tyre three other cars pulled in after hitting that same spot - one of them with their exhaust completely hanging off.

    Fortunately the Local Garda station was right beside where the incident happened. I went in and made a report about the dangerous spot straight away, and they gave me the details of the construction company in charge of the road works.

    I'm heading off now to have the tyre repaired and ensure there wasn't any other damage to the car that we couldn't see.

    I'm looking for some advice on whether I would be entitled to compensation in this case, and what would be the best way to pursue it. Has anyone dealt with a situation like this in the past? Should I contact the local council, the construction company, my insurance company, the Guards again? I definitely feel like I should be due some compensation in this situation, but I'm a bit lost on how to proceed with it. Someone advised me to query it with Citizens Information, and they directed me to FLAC, but neither could offer any advice.

    If anyone has any advice for this situation it would be really appreciated.


Comments

  • Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    Have you taken pictures of the road surface?


  • Registered Users, Registered Users 2 Posts: 11,690 ✭✭✭✭Skylinehead


    Probably best to start off with the council.


  • Registered Users, Registered Users 2 Posts: 2,249 ✭✭✭pippip


    I had same happen years ago with the M50 widening works. Had to contact the construction company.

    Needed a new tyre and also got wheel alignment done. The knock may have shifted the alignment so your new tyre could wear badly. You won't know until you get it checked. They did ask why i got alignment and once I explained they had no problem with it.

    Collected a cheque from them and had to sign a form basically saying that was the end of the matter.


  • Registered Users, Registered Users 2 Posts: 2,063 ✭✭✭Cerco


    firstprime wrote: »
    If anyone has any advice for this situation it would be really appreciated.

    I think you would be entitled to have any damage made good.
    If you think you are entitled to compensation then talk to a solicitor. IMHO You might be wasting money.


  • Registered Users, Registered Users 2 Posts: 4,940 ✭✭✭dingding


    Happened me a number of years ago.

    Contacted council and the contractor was working for them. I got paid for the damage, I can't remember who paid though.

    I would approach them directly, not worth getting solicitor involved at this stage. The solicitor will cost more than the tyre.

    Also take photos and also if there was no warning signage then this might be in your favour.


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  • Registered Users, Registered Users 2 Posts: 988 ✭✭✭The Royal Scam


    I ran into it aswell on Saturday unbelievable the state the road was left in on a Main N road. Just to let you know. Where it is would be Carlow County Council as the border is the bridge at the golf club entrance


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


    You are in luck that it's actually road works and as such it is a slam dunk in your favour.
    If you had damaged the car on a bad pothole or some such that just developed over time, there is generally no liability on council.
    In this case however, where the road was left in that condition, there is liability.
    You really would want to have taken photo of the spot etc and photo of the damage together with repair bill.


  • Registered Users, Subscribers, Registered Users 2 Posts: 13,631 ✭✭✭✭antodeco


    Once you have plenty of photos, you will be fine. You will need photos of the road, (long photo and closer showing the 6" rise), the tyre and wheel. Also, make sure to hold onto any receipts!


  • Registered Users, Registered Users 2 Posts: 305 ✭✭copperhead


    Was there a speed limit in place for the section and were you sticking to it, I agree though you should take pics of the location and the damage and any signage or lack their of,


  • Registered Users, Registered Users 2 Posts: 3,655 ✭✭✭Wildly Boaring


    Ring local council roads department.

    Explain situation.
    Find out client (council or third party eg Irish water)
    Send them the bill.

    It's extremely unlikely that it's direct labour for council so only be too happy being the bill onto whatever contractor on the ground.

    Tell them to update you within 7 days.


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