Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Please note that it is not permitted to have referral links posted in your signature. Keep these links contained in the appropriate forum. Thank you.

https://www.boards.ie/discussion/2055940817/signature-rules

Damage due to pothole, can I claim?

Options
  • 14-11-2019 10:48am
    #1
    Petyr Baelish
    Registered Users Posts: 264 ✭✭


    So I got a huge pothole yesterday and instantly burst a brand new tyre, my second in two weeks.

    I've been told anecdotally that I can claim for damage caused from the County Council, has anyone had success in doing so and how did you go about it?


Comments

  • Options
    #2
    Damien360
    Registered Users Posts: 6,359 ✭✭✭Damien360


    Petyr Baelish wrote: »
    So I got a huge pothole yesterday and instantly burst a brand new tyre, my second in two weeks.

    I've been told anecdotally that I can claim for damage caused from the County Council, has anyone had success in doing so and how did you go about it?

    My brother in law managed to get a payout when he hit a pothole in clondalkin. He took pictures of the pothole with his damaged wheel beside it, both in frame. Destroyed his tyre and alloy in one go. Took a few months but they had no problem paying and the pothole was fixed the day after the complaint.


  • Options
    #3
    pippip
    Registered Users Posts: 2,249 ✭✭✭pippip


    As far as I know you can only claim if the pothole was caused by road works or if it has been badly repaired before. If its just a bad pothole that has developed over time I think its just bad luck.


  • Options
    #4
    akelly02
    Registered Users Posts: 3,133 ✭✭✭akelly02


    not a hope


  • Options
    #5
    Bob Harris
    Registered Users Posts: 3,462 ✭✭✭Bob Harris


    pippip wrote: »
    As far as I know you can only claim if the pothole was caused by road works or if it has been badly repaired before. If its just a bad pothole that has developed over time I think its just bad luck.

    A large pothole developing over time is plain and simple negligence.


  • Options
    #6
    pippip
    Registered Users Posts: 2,249 ✭✭✭pippip


    Bob Harris wrote: »
    A large pothole developing over time is plain and simple negligence.

    Yes but they're defense is driver negligence in hitting it.

    If its a pothole that has been reported over reasonable time then yes maybe a case but still very slim.


  • Advertisement
  • Options
    #7
    knucklehead6
    Registered Users Posts: 6,743 ✭✭✭knucklehead6


    A couple of years ago I burst two tyres on Tandys Lane in Lucan. I got money from the council for both.


  • Options
    #8
    listermint
    Registered Users Posts: 33,714 ✭✭✭✭listermint


    Yes it is possible. Gather as much evidence as you can.

    And ignore the people saying you can't or anything to do with over time nonsense. Because that's what it is.


  • Options
    #9
    Petyr Baelish
    Registered Users Posts: 264 ✭✭Petyr Baelish


    pippip wrote: »
    As far as I know you can only claim if the pothole was caused by road works or if it has been badly repaired before. If its just a bad pothole that has developed over time I think its just bad luck.

    Yes it was a bad repair, they had filled it in the day before.


  • Options
    #10
    Petyr Baelish
    Registered Users Posts: 264 ✭✭Petyr Baelish


    listermint wrote: »
    Yes it is possible. Gather as much evidence as you can.

    And ignore the people saying you can't or anything to do with over time nonsense. Because that's what it is.

    I've taken photos and I'll be getting the car looked at later as it's pulling to the side now.


  • Options
    #11
    bazz26
    Registered Users Posts: 51,150 ✭✭✭✭bazz26


    I'd say persistence will be the name of the game here. Initially they will probably fob you off or just ignore it so you will need to keep pestering them.


  • Advertisement
  • Options
    #12
    Bob Harris
    Registered Users Posts: 3,462 ✭✭✭Bob Harris


    pippip wrote: »
    Yes but they're defense is driver negligence in hitting it.

    If its a pothole that has been reported over reasonable time then yes maybe a case but still very slim.

    They could claim that but would it have been safe to swerve dangerously to avoid a pothole into oncoming traffic or pedestrians or hit the brakes and risk being rear ended if in fact you spotted it in time? Most of the time you don't and that's got nothing to do with excessive speed.

    I'd agree with others and gather your evidence and make a nuisance of yourself.


  • Options
    #13
    pippip
    Registered Users Posts: 2,249 ✭✭✭pippip


    Petyr Baelish wrote: »
    Yes it was a bad repair, they had filled it in the day before.

    Well then yes, you should have no problem claiming and more than likely you won't be the only one if it was that bad.


  • Options
    #14
    Petyr Baelish
    Registered Users Posts: 264 ✭✭Petyr Baelish


    Bob Harris wrote: »
    They could claim that but would it have been safe to swerve dangerously to avoid a pothole into oncoming traffic or pedestrians or hit the brakes and risk being rear ended if in fact you spotted it in time? Most of the time you don't and that's got nothing to do with excessive speed.

    I'd agree with others and gather your evidence and make a nuisance of yourself.

    It was impossible to see as it was dark and full of water. Speed was definitely not a factor, I had only just pulled out of a gate and was just picking up speed when the whole wheel went right down into it. Made a hell of a bang.


  • Options
    #15
    Tasfasdf
    Closed Accounts Posts: 660 ✭✭✭Tasfasdf


    So how do you even claim against the council?

    Small claims court or to a solicitor?


  • Options
    #16
    Petyr Baelish
    Registered Users Posts: 264 ✭✭Petyr Baelish


    pippip wrote: »
    Well then yes, you should have no problem claiming and more than likely you won't be the only one if it was that bad.

    I pulled in to change the wheel outside a hardware store and the guy there said three others had the same thing happen that day.


  • Options
    #17
    listermint
    Registered Users Posts: 33,714 ✭✭✭✭listermint


    pippip wrote: »
    Well then yes, you should have no problem claiming and more than likely you won't be the only one if it was that bad.

    They could make a claim regardless if the pothole was yesterday or was last month. Stop putting out this sillyness.

    If a pothole is in the middle of the road that is in the care of the local council and someone damages their vehicle in it then they are entitled to make a claim.the onus is on the local authority to make a satisfactory repair to this. It's a hazard on a public road.


    You attaching random lengths of time to it is made up.


  • Options
    #18
    mickdw
    Registered Users Posts: 23,284 ✭✭✭✭mickdw


    If they filled it recently and it developed into a pothole again in quick time, that's a defective repair and they are liable. Photos showing fresh chipping etc would be great.
    They are not always liable and anyone who thinks they are are very much mistaken.
    It was ibdeeded back in the 70s that laws would be brought in requiring councils to keep roads in suitable condition. The final part of passing this into law never happened so there are many situations where councils are not liable for damage.
    If however they did a poor repair or caused the defect during road works, they are liable.


  • Options
    #19
    pippip
    Registered Users Posts: 2,249 ✭✭✭pippip


    I'd get alignment done and get them to pay for that too.

    I had similar years ago with m50 Construction. When they questioned why I was getting alignment done I simply said I'd be back to them if it was out and the new tyre wore badly.

    When I collected the cheque they made me sign a form to say that would be the end of the matter so best to cover all angles now rather than have problems later that you can't claim for.


  • Options
    #20
    listermint
    Registered Users Posts: 33,714 ✭✭✭✭listermint


    mickdw wrote: »
    If they filled it recently and it developed into a pothole again in quick time, that's a defective repair and they are liable. Photos showing fresh chipping etc would be great.
    They are not always liable and anyone who thinks they are are very much mistaken.
    It was ibdeeded back in the 70s that laws would be brought in requiring councils to keep roads in suitable condition. The final part of passing this into law never happened so there are many situations where councils are not liable for damage.
    If however they did a poor repair or caused the defect during road works, they are liable.

    Which part.

    What law.


  • Options
    #21
    pippip
    Registered Users Posts: 2,249 ✭✭✭pippip


    listermint wrote: »
    They could make a claim regardless if the pothole was yesterday or was last month. Stop putting out this sillyness.

    If a pothole is in the middle of the road that is in the care of the local council and someone damages their vehicle in it then they are entitled to make a claim.the onus is on the local authority to make a satisfactory repair to this. It's a hazard on a public road.


    You attaching random lengths of time to it is made up.

    I'm not attaching random lengths of time to anything. I'm stating a repair job is a lot more clear cut to claim than a pothole that has developed over time.

    Yes they should be responsible for hazards like this but the fact is plenty of times on here people have had no success claiming for similar unless its repaired potholes. If they did maybe the councils would be a lot better at repairing them.

    To an extent it is just unreasonable for the councils to know every metre of every road. How would you monitor road conditions on every stretch every month?
    When reported and with reasonable time to repair then yes they SHOULD be more liable.

    Road Authorities’ Misfeasance and Nonfeasance.


  • Advertisement
  • Options
    #22
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,559 Mod ✭✭✭✭Robbo


    listermint wrote: »
    Which part.

    What law.
    Section 60 of the 1961 Civil Liability Act has famously never been commenced.


  • Options
    #23
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    I know of a few that got money for repair and new tyre.....

    Luckily only happened me once but it was on private land.

    In the bus hit one in Wicklow and it shattered the windscreen and luckily I was holding the wheel without my thumb inside the spokes as I would have smashed it too.


  • Options
    #24
    mickdw
    Registered Users Posts: 23,284 ✭✭✭✭mickdw


    listermint wrote: »
    Which part.

    What law.

    As below
    Robbo wrote: »
    Section 60 of the 1961 Civil Liability Act has famously never been commenced.

    Thanks


  • Options
    #25
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,534 Mod ✭✭✭✭Gumbo


    akelly02 wrote: »
    not a hope

    I’ve claimed 3 times from Dublin City Council as a result of hitting potholes.
    Once in my civic back in the early naughties. Again on my 5
    Series around 2009 and the wife’s 5series again in about 2011. Relatively straight forward process in fairness. I put together a document showing the road, the pot hole, how it was impossible to avoid because of single lane etc and a quote for a new wheel.

    Payout by cheque.


  • Options
    #26
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,534 Mod ✭✭✭✭Gumbo


    Tasfasdf wrote: »
    So how do you even claim against the council?

    Small claims court or to a solicitor?

    Start off by writing to the claims department.


  • Options
    #27
    dodzy
    Registered Users Posts: 9,930 ✭✭✭dodzy


    kceire wrote: »
    Start off by writing to the claims department.

    And has been advised, add plenty of detail. Happened to me several yrs ago. Hit a water filled pothole on the link road from Finglas to halfway house/naval rd.

    LHS x 2 Tyres shot and one (front) alloy. Took pics next day when pothole had drained. Included them along with precise location on printed google map, and an estimate which I typed up for tyres & alloy. Got a call within the week - basically they made me an offer over the phone, I refused, he upped the offer, I accepted and had the cheque shortly after. If I recall, I think I put down approx €600, got offered €300 and settled on €450. Relatively painless process, apart from the inconvenience of course. I also recall that it was a one time deal, so no further action possible on my part, which I accepted. (Car was fixed at that stage anyway and no suspension/steering issues evident)


  • Options
    #28
    biko
    Registered Users Posts: 81,223 ✭✭✭✭biko


    https://www.irishexaminer.com/ireland/cork-county-council-pays-over-41k-compensation-for-pothole-damage-432262.html
    According to the council, it received 218 contacts from drivers who damaged vehicles on roads in the southern division last year and up to mid-November this year.

    During that period, it paid out compensation to 168 vehicle owners totalling €41,353 — an average of nearly €250 each.

    It is understood most claims were for damaged tyres and wheel rims.


  • Options
    #29
    Limbo123
    Registered Users Posts: 364 ✭✭Limbo123


    Manage to total a tyre on a stretch of road in Navan last year. Tyre was a couple of weeks old. Went down the following day and took loads of pics of the road and included local road signs etc in the pics. Submitted a claim to Meath CO.CO that was paid out. They not as prompt at paying out money owed- took about 6 weeks.


  • Options
    #30
    [Deleted User]
    Posts: 17,378 ✭ [Deleted User]


    OP, draw a big penis around it so it gets fixed. Maybe add some blasphemy.

    https://www.bbc.com/news/uk-england-tees-48068866


  • Advertisement
  • Options
    #31
    CJhaughey
    Registered Users Posts: 14,906 ✭✭✭✭CJhaughey


    I know you can buy insurance with some online tyre retailers that will cover accidental damage for this kind of occurence, I think the excess is 25% per tyre up to a max of 300 per tyre.
    Worth it for some expensive tyres no doubt.


Advertisement