# DCC clamper fixed a puncture for my wife but damaged my car. Can I sue?



## Introuble83 (11 May 2022)

My wife got a puncture due a screw sticking in the tyre . She pulled in and parked . A DCC parking attendant changed the tyre for her to put the spare wheel in . In  doing so he jacked the car on the frame instead of under the car in the correct location. The underbody is now bent as a result . The car is 2 weeks old . Is my only recourse to claim off my own insurance or pay the damage myself ? I acknowledge the guy did a good deed but his good deed just cost me approx 1750 worth of damage


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## Sunny (11 May 2022)

I would sue him. Hopefully he will have a house and you can take that as well....Or are you thinking that you can sue Dublin City Council or something??

Your wife could have stopped him helping and called a qualified mechanic if she was so inclined. Claim off your insurance or pay it yourself.


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## sharkattack (11 May 2022)

Have you photo of damage and is it visible without having to inspect the undercarriage of the car


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## Ravima (11 May 2022)

She could have availed of the Roadside Assistance provided by your comprehensive motor policy??


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## TeslaTim (11 May 2022)

Seriously........It's no wonder people are reluctant to help someone in need..


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## Pinoy adventure (11 May 2022)

If it doesn’t effect the roadworthyness of the car forget about it.


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## mathepac (11 May 2022)

It's no wonder insurance costs in this country are so high; claim for what from whom?  The only grounds for an insurance claim here might fall under the stupidity clause if such exists.

I'm pretty sure all comprehensive policies have a roadside rescue element, exactly for such eventualities as well as misfuelling or running out of fuel; there's probably an 0818 or 1800 number to ring specified in the insurance booklet or QS guide to get a technician to the car quickly. But sure who reads these anyway, it's not like we'll ever need them?

What's that you say, a two-week-old car with TPF&T only? That'd be pretty stupid too.

I propose a quiz by the insurance company to verify that any driver covered under a particular policy of insurance understands what they're covered for and who to contact in what eventuality.  Failing to score 100% disqualifies the proposer and any named drivers from cover.


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## PaddyBloggit (11 May 2022)

Introuble83 said:


> I acknowledge the guy did a good deed



Don't punish the good deed. Either put up with the dent or fix it yourself.


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## Baby boomer (11 May 2022)

What's a DCC parking attendant anyway?  Are we talking traffic warden here?  Or worse still a clamper?  

In which case, sue, sue and sue again.  I suppose you could go for summary execution but that's frowned upon these days.


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## rustbucket (11 May 2022)

Take it on the chin and move on.


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## Introuble83 (12 May 2022)

mathepac said:


> It's no wonder insurance costs in this country are so high; claim for what from whom?  The only grounds for an insurance claim here might fall under the stupidity clause if such exists.
> 
> I'm pretty sure all comprehensive policies have a roadside rescue element, exactly for such eventualities as well as misfuelling or running out of fuel; there's probably an 0818 or 1800 number to ring specified in the insurance booklet or QS guide to get a technician to the car quickly. But sure who reads these anyway, it's not like we'll ever need them?
> 
> ...


I did not mention the level of cover I have. If I want to make an insurance claim on my own policy I am entitled to do so. I won’t be as it will obviously affect my no claims bonus and drive up my premiums going forward


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## Introuble83 (12 May 2022)

Baby boomer said:


> What's a DCC parking attendant anyway?  Are we talking traffic warden here?  Or worse still a clamper?
> 
> In which case, sue, sue and sue again.  I suppose you could go for summary execution but that's frowned upon these days.


The lad who gives you parking tickets.,


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## Introuble83 (12 May 2022)

PaddyBloggit said:


> Don't punish the good deed. Either put up with the dent or fix it yourself.


Yes seems the only reasonable thing to do .


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## Leo (12 May 2022)

Introuble83 said:


> I acknowledge the guy did a good deed but his good deed just cost me approx 1750 worth of damage


Your wife was present, surely she should have informed him of the correct mounting points?


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## peemac (12 May 2022)

I can understand the frustration and don't think the op is looking for compensation per se, but someone shouldn't try and assist unless they are competent to do what they are assisting with.

It would be the person themselves that is liable and not their employer as they weren't acting in the course of their work, so the employer has zero liability.

I'd always have a can of "instant repair" foam in the car and have two in the wife's car. Tyre places hate the stuff as it's messy and makes it difficult to find a small puncture, but they are a godsend for a standard puncture.

It's a hard pill to swallow, but I would bring it directly to a body repair garage and not to the main dealer who just sends it out anyway and then adds 50% to the bill.

It will not affect your warranty in any way.


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## T McGibney (12 May 2022)

Imagine suing a Good Samaritan for something as trivial as this.  

Next time, treat yourself to no-claims-bonus protection and in the meantime thank your lucky stars that your wife wasn't left helpless and vulnerable on the side of the road.


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## T McGibney (12 May 2022)

peemac said:


> It would be the person themselves that is liable


Liable for what exactly?


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## elcato (12 May 2022)

Lads, a bit unfair - it's difficult to judge the tone of a question online. I'm not sure the OP was asking a 'who should I sue' question here. Purely seeing if there was any other option rather than lose his NCB from the insurance.


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## T McGibney (12 May 2022)

Introuble83 said:


> I acknowledge the guy did a good deed but his good deed just cost me approx 1750 worth of damage


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## mathepac (12 May 2022)

Leo said:


> Your wife was present, surely she should have informed him of the correct mounting points?


Or one of the two grown adults present could have read the owner's manual to locate the correct jacking points under the body.  Reading stuff doesn't seem to be a strong point with a lot of us. "Manuals & instruction leaflets? Waste o' paper man, waste o' paper."

Jacking points are of increased importance with  the weight and cost of underfloor batteries in EVs.


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## mathepac (12 May 2022)

Introuble83 said:


> I did not mention the level of cover I have. If I want to make an insurance claim on my own policy I am entitled to do so. I won’t be as it will obviously affect my no claims bonus and drive up my premiums going forward


So what level of cover did you have on the day?


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## ClubMan (12 May 2022)

peemac said:


> I'd always have a can of "instant repair" foam in the car and have two in the wife's car. Tyre places hate the stuff as it's messy and makes it difficult to find a small puncture, but they are a godsend for a standard puncture.



Slightly off topic I know but ... If it's not damage to the tyre wall then those cheap plugging kits with tools (you'll also need a foot or cigarette socket powered pump) usually work well and are easier than a wheel change. Cue the experts saying that you shouldn't do this but I have, it worked fine and passed NCT several times.

Edit: this sort of thing...


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## Pinoy adventure (12 May 2022)

T McGibney said:


> Imagine suing a Good Samaritan for something as trivial as this.
> 
> Next time, treat yourself to no-claims-bonus protection and in the meantime thank your lucky stars that your wife wasn't left helpless and vulnerable on the side of the road.


Isn’t there a Good Samaritan law in the USA.
He should not of helped her too protect himself


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## Brendan Burgess (12 May 2022)

A friend of mine who was an engineer with Dublin City Council was under strict instructions not to give any advice on anything while on duty. 

Apparently, a woman had asked a building crew to look at her garden wall to see if it was safe. It was nothing to do with them or the work they were doing. But the engineer told her it was ok. It subsequently fell and injured someone and the Council had to pay out.   I thought it was an apocryphal story, but this thread makes me wonder. 



Brendan


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## ClubMan (12 May 2022)

Pinoy adventure said:


> Isn’t there a Good Samaritan law in the USA.
> He should not of helped her too protect himself


We have one in Ireland too...





						Civil Law (Miscellaneous Provisions) Act 2011, Section 4
					

The electronic Irish Statute Book (eISB) comprises the Acts of the Oireachtas (Parliament), Statutory Instruments, Legislation Directory, Constitution and a limited number of pre-1922 Acts.



					www.irishstatutebook.ie
				



Don't think it covers wheel changes...


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## T McGibney (12 May 2022)

Pinoy adventure said:


> Isn’t there a Good Samaritan law in the USA.
> He should not of helped her too protect himself


I think he was correct to help her. Thankfully the chances of him being successfully sued, at least based on the sequence of events described here, are close to zero.


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## ashambles (12 May 2022)

elcato said:


> Lads, a bit unfair - it's difficult to judge the tone of a question online. I'm not sure the OP was asking a 'who should I sue' question here. Purely seeing if there was any other option rather than lose his NCB from the insurance.


Have another look at the title of the thread- "DCC clamper fixed a puncture for my wife but damaged my car. Can I sue?"


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## Leo (12 May 2022)

elcato said:


> I'm not sure the OP was asking a 'who should I sue' question here.


It's in the thread title


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## blanketyblank (12 May 2022)

What a nice thing for that person to do _   he could have just ignored her as most would do!   While it's a pity the car was damaged I'd suggest you pay yourself and forget about it.


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## Introuble83 (12 May 2022)

Folks I was annoyed and venting . I am obviously not going to sue anyone . It’s my wife’s fault for not following the correct protocol. Nonetheless I still feel if your not 100% sure what your doing leave it alone . It is what it is . I’ll live with the dent and move on .


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## Sue Ellen (12 May 2022)

Introuble83 said:


> The car is 2 weeks old





Introuble83 said:


> Folks I was annoyed and venting



Don't blame you, the most annoying thing is that the car is only 2 weeks old


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## ClubMan (13 May 2022)

Introuble83 said:


> I’ll live with the dent and move on .


I thought you said that it cost you €1,750 to fix it?


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## elcato (13 May 2022)

ashambles said:


> Have another look at the title of the thread- "DCC clamper fixed a puncture for my wife but damaged my car. Can I sue?"





Leo said:


> It's in the thread title


Not in the original title.


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## Purple (13 May 2022)

Introuble83 said:


> Folks I was annoyed and venting . I am obviously not going to sue anyone . It’s my wife’s fault for not following the correct protocol. Nonetheless I still feel if your not 100% sure what your doing leave it alone . It is what it is . I’ll live with the dent and move on .


It's your own fault for not training your wife properly. This is exactly the sort of stuff that should be covered in pre-marital courses. It could be argued that it's actually her parents fault for not training her prior to offering her for marriage but caveat emptor and all that.


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## TRS30 (13 May 2022)

Purple said:


> It's your own fault for not training your wife properly. This is exactly the sort of stuff that should be covered in pre-marital courses. It could be argued that it's actually her parents fault for not training her prior to offering her for marriage but caveat emptor and all that.



If I kept the receipt can I still return (her) if appears faulty? 10 year anniversary approaching so worried about statue of limitations


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## Purple (13 May 2022)

TRS30 said:


> If I kept the receipt can I still return (her) if appears faulty? 10 year anniversary approaching so worried about statue of limitations


I believe that if you were married in a Church you get a 10 year warranty. If it was a Godless marriage it's only 5 years as you are really living in sin anyway and deserve whatever you get.

It's in the small print on the back of the marriage licence you signed when you bought her.


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## Steven Barrett (13 May 2022)

Purple said:


> It's your own fault for not training your wife properly. This is exactly the sort of stuff that should be covered in pre-marital courses. It could be argued that it's actually her parents fault for not training her prior to offering her for marriage but caveat emptor and all that.


A friend of mine got involved in an argument with his sister in law over a puncture. She got a puncture and pulled into a petrol station. Took ages for someone to offer to change it for him. My mate asked why she didn't just change it herself. That's when the argument started...


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## DirectDevil (13 May 2022)

This question raises some very interesting legal issues.

One of the problems associated with the Good Samaritan scenario is that of the duty of care.
In the tort of negligence the plaintiff must first show that the defendant owes them a duty of care.
This is an issue of law based on the peculiar facts of an individual case.
Generally, if the defendant owes no duty of care to the defendant they cannot be held liable.

Problems start when a person owing no duty of care decides to act. Such a person could end up creating a duty of care and leaving themselves open to an action in negligence. Hence, the old American scenario of physicians not attending to people who suffer an emergency in the street.

Was the DCC fellow actually negligent ? That is debatable. Did he fail to act like a reasonable person or did he act like a reasonable person would not ?

Are his employers vicariously liable for his purported negligence ? Doubtful if it was not a function incidental to his employment.

A quick look at the 2011 act does not seem to cover instances of property damage.


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## Leo (13 May 2022)

elcato said:


> Not in the original title.


Unless edited via the mod tools there would be an edited label on the first post...


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## ClubMan (13 May 2022)

TRS30 said:


> so worried about statue of limitations


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## ClubMan (13 May 2022)

DirectDevil said:


> the tort of negligence


Bit harsh. I'm sure that the original poster's wife is a very reputable lady...


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## DirectDevil (14 May 2022)

ClubMan said:


> Bit harsh. I'm sure that the original poster's wife is a very reputable lady...



I am sure that you are correct !

BTW negligence is the omission to do what a reasonable person - guided by those considerations that ordinarily regulate the conduct of human affairs - would do or doing something that a reasonable and prudent person would not do.
Blyth -v- Birmingham Waterworks Company 1856.


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## MrEarl (14 May 2022)

Unbelievable - someone volunteers to help your wife, she accepts that help, and now you think you should sue them


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## Brendan Burgess (14 May 2022)

Leo said:


> Unless edited via the mod tools there would be an edited label on the first post...


Hi Leo 

I did edit the title. The original one was vague and I didn't want people to miss the thread.

Brendan


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## SPC100 (17 May 2022)

I have a joke : I wonder can you sue someone for loss of reputation due to changing the title.


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## Portia (28 Aug 2022)

Your wife was in charge of the vehicle. She could have chosen to get professional assistance but instead chose to be assisted by a kind but unqualified passer-by (his/her employment status is immaterial). She made the wrong call. The responsibility is hers. Unless you want to sue your wife, claim it on your insurance. It's what it's there fore.


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## Purple (30 Aug 2022)

Portia said:


> She could have chosen to get professional assistance but instead chose to be assisted by a kind but unqualified passer-by (his/her employment status is immaterial).


Good point. If the helpful fellow was wearing a McDonalds uniform would this discussion be about the possibility of getting a few bob from the Big Mac people?


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