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Pot hole claim?

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  • 26-01-2008 5:38pm
    #1
    tuxy
    Closed Accounts Posts: 14,983 ✭✭✭✭


    Hey, I hit a bad pot hole last week it was covered in water so I never saw it. Burst a tyre and bent the rim. Is there anyway to make a claim for damages to the council. How should I go about it?


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    #2
    ColinJennings
    Registered Users Posts: 232 ✭✭ColinJennings


    Step 1. Go see a solicitor.


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    #3
    Barlow07
    Closed Accounts Posts: 480 ✭✭Barlow07


    tuxy wrote: »
    Hey, I hit a bad pot hole last week it was covered in water so I never saw it. Burst a tyre and bent the rim. Is there anyway to make a claim for damages to the council. How should I go about it?

    First thing i would do is take a photo of the pot hole and also damgage to your car. If the Council filled it, no chance of a claim. I've never heard of anyone claiming or being successful before when pursuing a claim against the council, always a first.


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    #4
    Run_to_da_hills
    Closed Accounts Posts: 20,009 ✭✭✭✭Run_to_da_hills


    I got a good settlement out of a pothole claim in 1987, lost controll and was flung over the bars of a motorcyce and suffered injurys, I sued the Dublin County council who sued Dublin Gas who in turn sued their sub contractors.


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    #5
    Blanchguy
    Registered Users Posts: 236 ✭✭Blanchguy


    As I understand things the council isn't responsible for new potholes in the road. However - if they have attempted to repair it and you damage your car then they are liable. Take pictures of pothole - including any signs of repair - different tarmac etc. Send to council with letter and receipts for damage to tyres and rims. They will try to fob you off - you need to be firm and threaten that you will go to solicitor - they will generally pay you a percentage of the damage done. If you pm me I can send you a typical letter.


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    #6
    ColinJennings
    Registered Users Posts: 232 ✭✭ColinJennings


    Blanchguy is right in regard to the liability of the council. They are only liable for negligent repair, but if you are going to bring proceedings the first step, unless you are going to represent yourself, is to seek the advice of a solicitor. They can give you all the advice, both legal and non-legal, and they also provide you with protection in relation to confidentiality, professional negligence etc.

    It is also the policy of boards.ie (in the legal discussions at least) not to give specific legal advice.


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    #7
    L1011
    Registered Users Posts: 68,798 ✭✭✭✭L1011


    Run_to_da_hills wrote: »
    I got a good settlement out of a pothole claim in 1987, lost controll and was flung over the bars of a motorcyce and suffered injurys, I sued the Dublin County council who sued Dublin Gas who in turn sued their sub contractors.

    So it was YOU that put Alliance Gas in to bankruptcy in 1987 then ;)


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    #8
    LarWright
    Registered Users Posts: 256 ✭✭LarWright


    http://www.boards.ie/vbulletin/showthread.php?t=2055118182

    Same problem for many it seems.

    I was successful in the past though....


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    #9
    Wertz
    Closed Accounts Posts: 11,909 ✭✭✭✭Wertz


    Barlow07 wrote: »
    First thing i would do is take a photo of the pot hole and also damgage to your car. If the Council filled it, no chance of a claim. I've never heard of anyone claiming or being successful before when pursuing a claim against the council, always a first.

    Guy I worked with from Scotland blew out a tyre and cracked an alloy on his 3 series on a road near Ratoath, in a crater (his words). Took pictures on camera phone there and then, put thr wheel in to be fixed/replaced and sent the bill to Meath Co council, who contested it...until he got a solicitor to send a letter to them and they posted him a cheque for his damage claim.


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    #10
    Sandwich
    Closed Accounts Posts: 1,253 ✭✭✭Sandwich


    Barlow07 wrote: »
    I've never heard of anyone claiming or being successful before when pursuing a claim against the council, always a first.

    I do know a case. A friend cracked his oil sump in a 3 series going down a step where the rouad was being resurfaced. The step itself was OK, but he won the case because there was no sign in place indicating that it was there. Council had to pay all costs.


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