# Accident on private road



## kfk (2 Sep 2012)

Hi. I am the owner of a private road. There is a right of way in place for 2 of my neighbours. The road is in very bad condition and the council have stopped grants for the maintenance of private roads. I recently got a quote to have the road repaired, €22,000. I cant afford that and nor can the neighbours.

Apparently, there was an accident on the road a few weeks back. Lady said she damaged her car on the road. Cars can hit the sump if not careful driving on the road. She now has a claim against her insurance company for back injuries sustained by her and her mother.

Can someone advise me on my liability as the owner of the private road. Would her insurance company try to recoup their payout from me or my insurance?

Thanks


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## dereko1969 (3 Sep 2012)

Hard to know specifically in relation to private roads, but I do know the County Councils were able to have some defense against claims from the state of the roads due to the icy road conditions the previous two winters.

If you google their defense you might find something.


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## burmo (3 Sep 2012)

I would investigate whether you need a sign at the entrance of your private road, and put one up if it helps!


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## kfk (3 Sep 2012)

Thanks for the advice. The lady that claims to have back injuries has a history of making claims. Now she might be genuine but I have my doubts! The road is so bad that it would only be possible to do about 10kph. Surely an accident at this speed would not not cause back injuries in 2 people. Do accident investigators usually call to the scene of a minor accident? Or could it be that they are sceptical about her claims too?


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## ajapale (3 Sep 2012)

There are thousands of such private roads in rural ireland. You can usually tell that they are private by the absence of council road signs and roadmarkings. In rural Ireland such private roads are owned to the centre of the road by the adjoining landowners. Such bohereens/roads are maintained by the landowners and up to a few decades ago were unmetalled rough tracks. In more recent times County Council grants were availiable to "tar and chip" these roads. These grants have all but disappeared in the last year or so.
Because of the fragmented nature of the ownership it is often impossible to determine who actually owns them!

If you are concerned I suggest you speak with you solicitor. In order to be successful with a claim the lady will have to determine the ownership of the road and that the owners were in some way negligent. If the road has simply deteriorated due to ware and tear then a claim is unlikely to be successful.


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