# Claim Against the Council: for damages to car due to road conditions.



## SD79 (18 Feb 2006)

Has anyone placed a claim against the council for damages to car due to road conditions. What are the procedures for doing this? I would be grateful for any information

SD79


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## bond-007 (18 Feb 2006)

*Re: Claim Against the Council*

I know that the council will not be held liable if they were not aware of the pothole or whatever the defect is. They must be aware of it and not do anything about it for them to be found negligent.

I know the councils will fight such claims tooth and nail and most of them are dismissed for the reason above. You would have to prove that they knew about it. 

Contact a solicitor for professional advice.


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## delgirl (18 Feb 2006)

*Re: Claim Against the Council*

My husband claimed against Dun Laoghaire Rathdown Co. Council for damage to his motorcycle caused by a huge pothole in the road.

He took photographs of the hole, informed the local Gardai immediately after the accident, he actually fell off the bike but luckily wasn't hurt, and got a report number.

They paid the full cost of wheel replacement, but only after we threatened to take them to the Small Claims Court, we did not involve a solicitor.

If you feel your case is justified and there may be an imminent danger to other road users, inform them and make your claim.


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## Observer (18 Feb 2006)

*Re: Claim Against the Council*



			
				bond-007 said:
			
		

> I know that the council will not be held liable if they were not aware of the pothole or whatever the defect is. They must be aware of it and not do anything about it for them to be found negligent.


I don't think this is the case.  AFAIK, for the council to be liable they must have repaired (or otherwise worked on) the defect in a negligent manner, AND that negligence must have been responsible for your accident.  If they just ignore the defect, you don't have a cause of action.  Sounds nuts, but since when was the law supposed to make sense?


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## Marion (19 Feb 2006)

> They paid the full cost of wheel replacement, but only after we threatened to take them to the Small Claims Court,



You could not have used the Small Claims Court in this instance. It can only be used between retailers and consumers.


Marion


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## delgirl (20 Feb 2006)

Didn't realise that at the time Marion, luckily they agreed to reimburse the cost anyway.


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## Slim (21 Feb 2006)

Recently a colleague submitted a claim for damage to an axle to the County Council caused by a huge "pot"hole in the road. They wrote back and basically said the claim was unjustified but offered half the amount claimed! Colleague still pursuing this.

SLIM


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## Allen (21 Feb 2006)

Marion said:
			
		

> You could not have used the Small Claims Court in this instance. It can only be used between retailers and consumers.
> 
> 
> Marion


 
Are you sure of this?


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