car damaged can i claim

freewing

So I was on the N4 during rush hour travelling west just past Liffey Valley and i noticed what looked like an old boot in the middle of the lane of course when i got closer it turned out to be a large rock .It hit the undercarrage of the car quite hard and as it turns out it sheared the sump drain bolt clean off ( 1 x new casing €450 ) .I pulled in ASAP and got the car off the road as the oil light came on.
Does anybody know if I can claim damages and how I would go about it.
Any help would be greatly appreciated ,Cheers Eric .

mikedragon32

Claim damages from whom?

It reads to me like you saw something on the road and chose not to take any evasive action. Therefore you would be at fault and your claim wouldn't be entertained.

No point claiming from your insurance for such a small amount. You have an excess of probably €200 - €300 anyway, and to claim the €150 and affect your future premium isn't worth it imo.

freewing

Just to clarify , I was in rush hour traffic and could not take evasive action without endangering other road users and I find it hard to believe that I am expected to take a hit on the cost of the damages to my car .
I have been in touch with South Dublin County Council and I intend to make a claim as the condition of that road is their responsability .
Doubt if I will get anywhere but I just dont wanna take it up the tailpipe (If you know what I mean).

GerardKeating

freewing wrote:

I have been in touch with South Dublin County Council and I intend to make a claim as the condition of that road is their responsability .

You would have a claim against the council, if you can prove them negligent, which would only apply if the rock was on the road for some time.

Failing that, your only claim is against the source of the rock, most likley some passing lorry with load of rubble/soil.

g

freewing

Well the plot thickens cos I rang the AA driver who was very helpful on the day ( to be fair they usually are) and he mentioned that his previous call out was to another car that had done the exact same thing on the same stretch of road on the same day only about 45 mins earlier.
He got me that drivers number and we are both making claims.
There may be camera footage of how the rock got there , possibly part of a spill earlier in the day .

layke

No offense here but I find that a bit well.... cheap. I got a puncture the other day from a nail sitting in the middle of the road. I don't expect the council to pay or the new €130 tire I had to buy.

It's a road, rocks tend to be on them from time to time especially in todays modern construction Ireland. The coucil can't be everywhere and even if you want them to be, vote for a tax increase to employ more workers.

Frankly speaking I hope the council win I don't see why you should get my tax money to fix your car because some one dropped a rock on the road.

Seth Brundle

What surprises me is that the other driver to hit the rock didn't move it out of the way of other cars!

NeMiSiS

If it fell off a truck and you can get footage, then you may be in luck. I think there is a law about loads having to be covered in certain condictions..
TK

freewing

No offense taken Layke and I also think it is unfair that you had to pay a fair chunk of change for a tire , but if its a case that the offending rock came from a truck I will be happy to claim them for damages instead. The "rock" by the way was a little bigger than a football .I spoke to the garage today and the bill is currantly heading towards €800 and will possibly rise depending on engine damage.
Thank god its friday!!

Gurgle

freewing wrote:

Does anybody know if I can claim damages and how I would go about it.

I suggest you speak to a lawyer, or maybe the citizen's advice.
Roads in this country are lethal, even before you add the lethal driving into the equation.

If you sue and win, the Council/NRA/Gardai/DPP/Whoever will be more inclined to identify and fine/sue/prosecute whoever is responsible for making the roads even worse, whether its a quarry truck driver or a knacker on a bridge.

Little-Devil

First of all 10/10 for catching whoever banged your car. I would imagine that most of us here would have to cut are losses.

I would love to know how you found whoever banged your car


Back to your point. I would go back to the garda and asked them if they have any information how to contact the offender. Personally if you can not contact him over the weekend, then i would go throuh the insurance on monday. The londer you leave it, the harder it may be to claim against him.

stipey

i noticed what looked like an old boot in the middle of the lane

The "rock" by the way was a little bigger than a football

Just how big exactly did you think the boot was?
And who did you think it came from?