WHere do i stand.... Asap help..

PowerHouseDan

Builder doing some works down the road from me, Dug up the road on the 22nd put blindin on the road on the 23rd.... Builders off for a fe days blinding gone. approx hole 1 metr wide about 8 inch deep, Car hit... Lost control, Flat tyre, Lost hub cap,Cracked Wheel.... And tracking out in the car........Builders put blinding into it this morning... 3 other people did the same thing in the last few days.... I rang him up he is denying it sayin he checked it yesterday and it was perfect meeting him at 2 today.......Ever now with blinding in it its really really dangerous.... What will i say to him?

junkyard

If you consider the road to be in a dangerous condition report it to the Gardai, also get some good photos of it, it would have been a good idea to get photos of the accident and don't forget to report the accident to the Gardai.Get together as a group and contact a solicitor if you don't get any satisfaction.

Litcagral

PowerHouseDan wrote:

Builder doing some works down the road from me, Dug up the road on the 22nd put blindin on the road on the 23rd.... Builders off for a fe days blinding gone. approx hole 1 metr wide about 8 inch deep, Car hit... Lost control, Flat tyre, Lost hub cap,Cracked Wheel.... And tracking out in the car........Builders put blinding into it this morning... 3 other people did the same thing in the last few days.... I rang him up he is denying it sayin he checked it yesterday and it was perfect meeting him at 2 today.......Ever now with blinding in it its really really dangerous.... What will i say to him?

The first thing I would do is take lots of photographs of the site and damage to your car and if possible the other cars etc. Judges love photographs and it's unlikely that the builder will have taken any. You could also remind him of his obligations under the 2005 Health, Safety and Welfare at Work Act. Do this AFTER taking the photographs. The Health & Safety Authority are particularly keen to tackle sloppy builders. Contact your local Garda Station and make a report - even if it's just a formality it will strengthen your case.Hope soneone else has more ideas. Good luck!

PowerHouseDan

Went to the Gardai said, there is nothing they can do i will have to go to my local Corp, As the builder would of had to get permission to do the road works, and up to them to make it in a road worthy condition, Couldnt get photos as it was at 3 in the morning, I will take some pictures there in case he trys to fix it up....

Abelloid

The Gardai won't do anything, just ask them to record the complaint.
Get the photos before it's too late, the builder will almost certainly try to cover up as soon as a complaint is recieved.
Where in Cork are you? (just curious)

logonapr

Normally the legal position is that if a hole appears due to rain etc. it is deemed an act of God but if you interfere and actually cause the hole the person who does it is liable.
This is the reason why County Councilks sometimes don't repair some damage as once they start they are liable for any subsequent claims

PowerHouseDan

City Centre old Blackrock...It hasnt been rainin for the past 4 days so its not a act of got... I made a Police Report. Took Photos of Damage/Road.... even they tried to repair it today and its in a shockin condition...Gardai advise me to do the Same give him one more chance to pay otherwise def take it to no claims, he said why should i be out of pocket... He also said i have 2 other witness's to the accident...

JustinOval wrote:

The Gardai won't do anything, just ask them to record the complaint.
Get the photos before it's too late, the builder will almost certainly try to cover up as soon as a complaint is recieved.
Where in Cork are you? (just curious)

Abelloid

Small claims might be the way to go, how much damage was there, cash wise?

maidhc

You can use the small claims court in this situation. It will only cost you €9. Photographs will be useful indeed, and keep all the receipts for repairs.

http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/84519954FA0C27A580256D870050519D

PowerHouseDan

Fair play he Gave me a 150Euro.... Which will cover the costs. Plus have a drink for myself, Found my Hub Cap....

omb0wyn5ehpij9

Glad to hear it was sorted out easily!

Victor

Right, now that you have your €€€€, report him anyway to the council.

Litcagral

PowerHouseDan wrote:

Fair play he Gave me a 150Euro.... Which will cover the costs. Plus have a drink for myself, Found my Hub Cap....

Well done but I'd say he got off very lightly!

PowerHouseDan

The Minute i mentioned Gardai that was the end of it......
Just aswell i didnt have a set of alloys....Because they would of Cracked....
Also lucky there isent more damage cause i lost control of the car but mained to get it under control...

AMurphy

PowerHouseDan wrote:

Fair play he Gave me a 150Euro.... Which will cover the costs. Plus have a drink for myself, Found my Hub Cap....

It may not be over yet.
Examine the effected parts carefully for any minute cracks and bends.

Reason, my mother hit a rock off a wall years back. Similar damage to what you describe. However, about 2~3 years later the lower control arm suddenly broke for no apparent reason.
On inspection of the broken part, it became obvious it had suffered a crack years before and had spent the interviening period flexing and extending the crack slowely until it finally broke off completely.
Only item we could finger for causing the initial crack was the incident with the rock.

So even if you are happy with the compensation, examine the suspension parts for any minute damage and/or very small cracks.

NUTLEY BOY

Well done Dan.

You are a very lucky man as this could have been much worse in different circumstances.

Two general points of interest arise out of this.

1. logonapr has it right. Technically, you can be negligent by doing nothing. It is called non-feasance. Local authorities escape liability for this type of negligence for failure to maintain or repair because Section 60 of the Civil Liability Act 1961 has never been brought into effect.


2. If a hazard is created on the road as the result of someone's actions - as in this case - it is an act of misfeasance and the wrongdoer is liable.


For interest S.60, Civil liability Act 1961 reads as follows ;

60.—(1) A road authority shall be liable for damage caused as a result of their failure to maintain adequately a public road.

(2) In proceedings under this section, it shall be a defence for the road authority to prove that—

( a ) they had given sufficient warning that the road was a danger to traffic, or
( b ) they had taken reasonable precautions to secure that the road was not a danger to traffic, or
( c ) they had not a reasonable opportunity to give such warning or take such precautions, or
( d ) the damage resulted from a wrong committed by any person other than the road authority.
(3) In determining whether a road was adequately maintained, regard shall be had in particular to—

( a ) the construction of the road and the standard of maintenance appropriate to a road of such construction,
( b ) the traffic using the road,
( c ) the condition in which a reasonable person would have expected to find the road.
(4) In determining whether a road authority had a reasonable opportunity to give warning that a road was a danger to traffic or had taken reasonable precautions to secure that a road was not such a danger, regard shall be had to the standard of supervision reasonable for a road of such character.

(5) In this section—

"road authority" means the council of a county, the corporation of a county or other borough and the council of an urban district;

"public road" means a road the responsibility for the maintenance of which lies on a road authority and includes any bridge, pipe, arch, gulley, footway, pavement, fence, railing or wall which forms part of such road and which it is the responsibility of the road authority to maintain.

(6) This section shall not apply to damage arising from an event which occurred before the coming into operation of this section.

(7) This section shall come into operation on such day, not earlier than the 1st day of April, 1967, as may be fixed therefor by order made by the Government.