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Advice- Pot Hole

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  • 24-07-2019 1:48pm
    #1
    Registered Users Posts: 2,270 ✭✭✭


    So hit a pothole on my cycle this morning.... pot hole in the cycle lane ..... no damage to the bike or wheels, but the force ripped the Fly 12 off the garmin out front mount.

    Unfortunatly the mount is now useless, and there was some damage to the camera. the protective caps for the usb port are gone.

    Is there anything that I can do apart from report the hole?
    Or do I just accept it as one of those things that happen?
    .


Comments

  • Registered Users Posts: 36,167 ✭✭✭✭ED E


    See your GP, report neck pain, open PIAB case. Easy 20k.


  • Registered Users Posts: 2,520 ✭✭✭martyc5674


    Chiparus wrote: »
    So hit a pothole on my cycle this morning.... pot hole in the cycle lane ..... no damage to the bike or wheels, but the force ripped the Fly 12 off the garmin out front mount.

    Unfortunatly the mount is now useless, and there was some damage to the camera. the protective caps for the usb port are gone.

    Is there anything that I can do apart from report the hole?
    Or do I just accept it as one of those things that happen?
    .

    Contact your local authority... send them a photo and location of the pothole. If you replace anything hold onto receipts.
    I’d a similar incident, load of glass on a cycle lane after a car accident.. I had no joy though as they said something along the lines of it being the responsibility of the car owners and to try claim off them.
    Marty.


  • Registered Users Posts: 2,270 ✭✭✭Chiparus


    ED E wrote: »
    See your GP, report neck pain, open PIAB case. Easy 20k.

    LOL , very funny.


  • Registered Users Posts: 2,270 ✭✭✭Chiparus




  • Registered Users Posts: 1,512 ✭✭✭hesker


    Contact your local authority and see what they say. I hope you have better luck than I did. Ruined front and rear rims in a really bad pot hole one night in the middle of the road. Co co said they weren’t responsible for wear and tear

    “Please note that Cork County Council is not automatically obliged to issue reimbursement for damage caused to your vehicle because of wear and tear of the road network.

    In this regard, it is Cork County Council’s policy not to pay compensation in such circumstances, and therefore, while we sympathise with you on this unfortunate incident, we cannot authorise a payment in relation to this matter.”


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  • Registered Users Posts: 167 ✭✭myclist


    It depends on if the road had been repaired recently. Friend of mine damaged her car wheel outside my house after the road had been resurfaced. I had just recently read a book on irish law and remembered a case that would help her get her wheel replaced . She issued a claim in the small claims court after the council gave her the usual spiel. On the steps of the courthouse the council solicitor told her she was wasting her time. She told them she was going to cite ''Molloy vs Offaly County Council'' and some few minutes later an offer of settlement was made. Molloy vs Offaly County council is the relevant case. Sometime in the 1950s I think. Do a little research.


  • Registered Users Posts: 156 ✭✭bingobars


    I know a driver that recently got paid for pothole damage repair. The pothole in that case was poorly repaired so not technically wear and tear. Does that give you a case? Otherwise interested in the outcome.

    Secondly I have a Q about Fly 12 mounts. What are the options? The originals are poor at best. The Garmin are expensive and from what I see here poor also. I’ve tried aluminum and go pro mounts which also broken. Any other options?


  • Registered Users Posts: 872 ✭✭✭Captain Red Beard


    ED E wrote: »
    See your GP, report neck pain, open PIAB case. Easy 20k.

    Josepha Madigan is who you need to see.


  • Registered Users Posts: 2,270 ✭✭✭Chiparus


    bingobars wrote: »
    I know a driver that recently got paid for pothole damage repair. The pothole in that case was poorly repaired so not technically wear and tear. Does that give you a case? Otherwise interested in the outcome.

    Secondly I have a Q about Fly 12 mounts. What are the options? The originals are poor at best. The Garmin are expensive and from what I see here poor also. I’ve tried aluminum and go pro mounts which also broken. Any other options?

    I used a garmin out in front , upside down if you know what I mean, worked very well Just bought an aluminium one as replacement.

    The regular garmin mounts with the rubber bands would not be up to it,

    Might get a photo later.


  • Registered Users Posts: 6,372 ✭✭✭iwillhtfu


    Log it here https://fixmystreet.ie/ .

    I've had pretty good success using fixmystreet I'm not sure the council monitor it or not.


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  • Registered Users Posts: 4,325 ✭✭✭iLikeWaffles


    Chiparus wrote: »

    Is that the footage of the incident?


  • Registered Users Posts: 2,270 ✭✭✭Chiparus




  • Registered Users Posts: 2,270 ✭✭✭Chiparus


    Is that the footage of the incident?

    yes


  • Registered Users Posts: 2,270 ✭✭✭Chiparus


    iwillhtfu wrote: »
    Log it here https://fixmystreet.ie/ .

    I've had pretty good success using fixmystreet I'm not sure the council monitor it or not.

    I have reported on it before , they seem to ignore them in Waterford.


  • Registered Users Posts: 156 ✭✭bingobars


    Ok so I’ve a fly12ce. The garmin mount is different I believe. I like the look of the alu one you have there. Is it comparable with the 12ce do you know. Any links? Anything above €25 seems to be off the wall expensive to me


  • Registered Users Posts: 2,270 ✭✭✭Chiparus


    bingobars wrote: »
    Ok so I’ve a fly12ce. The garmin mount is different I believe. I like the look of the alu one you have there. Is it comparable with the 12ce do you know. Any links? Anything above €25 seems to be off the wall expensive to me

    No I am not sure , there seems to be mounts out there for this but they are expensive , but then so is a chain.

    The guy who fixes my classic car laughed when I told him I spent over 200 €on a new hanger, chain and cassette this week for my bike.


  • Registered Users Posts: 890 ✭✭✭sy_flembeck


    Some years ago I got a blowout in my car on a pothole, claimed from my local council and got nowhere (as expected, as every single interaction I've ever had with them has been negative) so I brought it to the small claims court. Council agreed to pay minus what they deemed fair wear and tear - ie, assuming the original tyre wasn't brand new. It wasn't, so I accepted.


  • Registered Users Posts: 4,325 ✭✭✭iLikeWaffles


    Chiparus wrote: »
    yes

    It is very hard to see if it is a pothole on the road, the footage is dated Jan 2015!

    The camera was mounted left of centre also and from the looks of the footage you just missed the edge.

    You would be very lucky imo to get anywhere with it based on the date of the footage alone.


  • Registered Users Posts: 2,270 ✭✭✭Chiparus


    It is very hard to see if it is a pothole on the road, the footage is dated Jan 2015!

    The camera was mounted left of centre also and from the looks of the footage you just missed the edge.

    You would be very lucky imo to get anywhere with it based on the date of the footage alone.

    Yea must set the correct date, definitely hit ( and felt ) the pothole.

    pothole2.jpg


  • Registered Users Posts: 4,325 ✭✭✭iLikeWaffles


    Chiparus wrote: »
    Yea must set the correct date, definitely hit ( and felt ) the pothole.

    pothole2.jpg

    I wasn't doubting you. That is a nasty one alright. Lucky it was just the camera that took the tumble!


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  • Registered Users Posts: 26 Deadlift kid


    Chiparus wrote:
    Is there anything that I can do apart from report the hole? Or do I just accept it as one of those things that happen? .


    This happened me yrs ago in a car on a road in carlow ridiculous pothole pure neglect imo came around a bend and bang no time to react anyway wrecked tyre broken alloys

    Got out took pics and pics with me included for size scale damage etc, fwiw it was about 3 round and about 7" deep. The impact was so strong it knocked my headlamp and indicator loose!

    anyway I took it up with carlow council they wanted sketches of nearest house location the pictures after numerous phone calls to county engineer all to come to nothing to be told they weren't responsible like how? disgraceful attitude I felt I had to buy alloys and tyres wasnt happy this is what I pay road tax for is it not?

    Anyway extremely negative experience a fruitless endeavor they fobbed me off with phone calls and when I called in to office nobody available to talk etc

    But another guy I know shortly after my own incident had his own incident where Carlow co council were laying tarmac and fresh hot tarmac had been layed road wasnt closed off he drove onto said road 4 brand new tyres

    Imho they'll fob you off till you go away


  • Moderators, Society & Culture Moderators Posts: 15,753 Mod ✭✭✭✭smacl


    Local authorities have a limited budget for ongoing road maintenance, they simply don't have the resources to keep all roads in perfect condition all of the time. Personally I'm happier that they spend those limited resources maintaining roads as best they can rather than wasting them on compo.


  • Moderators, Sports Moderators Posts: 24,925 Mod ✭✭✭✭CramCycle


    Chiparus wrote: »
    I have reported on it before , they seem to ignore them in Waterford.

    The fact that it was reported twice before indicates that they have not done their job, the fact that you reported it would mean you should have seen it. Long story short, if you hadn't reported it but you knew that it had been reported before you hit it but found out after you hit it, you might have some grounds to stand on. In this case, I imagine its tough luck but the next person to hit it and has an issue, hopefully will find out that it has been reported, repeatedly and they have been negligent in not repairing or marking it.


  • Registered Users Posts: 31,083 ✭✭✭✭Lumen


    That potole doesn't look very deep, but perhaps the photo is deceptive.

    Council could argue that the Garmin mount is defective - they have a reputation for being poorly designed and fragile.

    Would have a stronger case with wheel damage, although that can be caused by tyre underinflation.


  • Registered Users Posts: 2,270 ✭✭✭Chiparus


    Lumen wrote: »
    That potole doesn't look very deep, but perhaps the photo is deceptive.

    Council could argue that the Garmin mount is defective - they have a reputation for being poorly designed and fragile.

    Would have a stronger case with wheel damage, although that can be caused by tyre underinflation.

    Not really worth it for €25 euro.:)


  • Registered Users Posts: 2,200 ✭✭✭manwithaplan


    This is the misfeasance v nonfeasance thing. Basically, if they botched repairs you might have a claim but if the hole was caused by general wear and tear they are not liable.

    Oddly the Civil Liability Act 1960 includes a section which would change this but it was never commenced. That is probably sensible because it would blow the road maintenance budget (or maybe incentivise providing for a more comprehensive maintenance schedule - who knows!). Ireland has a huge ratio of kms of public roads to population by the way - just saying.


  • Registered Users Posts: 2,270 ✭✭✭Chiparus


    Thats what I thought, anyway there has been a patch put on it now, so result of sorts.pothole3.jpg


  • Registered Users Posts: 36,167 ✭✭✭✭ED E


    Chiparus wrote: »
    Thats what I thought, anyway there has been a patch put on it now, so result of sorts.pothole3.jpg

    That's delayed set macadam. Like putting chewing gum in a hole in the wing of your airplane.

    Typical minimal effort then do a little less.


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