Just a copy of the letter i'm hand delivering tomorrow. I reckon it's fine, been writing it all day, it just states the facts. If anyone sees anything damaging or thinks I should change anything let me know

 

Dear Sir,

I am writing to you to claim for damages to my vehicle reg no. 91 W 1751 on friday 21/10/05 at Killure bridge , airport road, Co.waterford, as I hold Waterford County Council 100% responsible for the said damages.

 

At 9.05am I was travelling in the direction of Waterford Airport business park. My speed was between 20 and 30 mph , conditions were very wet and this is a particularly dangerous stretch of road. At approximately 50 yards from the entrance to Killure Nursing home My car struck two large potholes which almost caused me to lose control of the car. I stopped the car immediately and tried to assess the damage, but as the position of the car was a danger to other traffic, I attempted to drive further on , but realised the damage was severe as the front of the car was in contact with the road surface,and dragging along, so I pulled in at a farm entrance.

 

I called Waterford County Council from my mobile phone and explained what happened and asked for someone to be sent to the scene of the incident, but was told to explain in writing and send to this address. As the car was now immobile I Called my employers and transport was arranged to take me to work.from there I called an emergency recovery vehicle to take it to Walshes Nissan garage, Cork Rd, at a cost of 145 Euro. I also informed the Waterford Garda station of the possible danger of these potholes to other road users.

 

I wish to inform you that my car was fitted with new wheels and tyres on the 30th of september. Two weeks later I had a full service including shock absorbers, springs and upper links. Following that tracking and alignment was carried out a few days later. I have reciepts to prove all this, which also proves the car was in 100% condition before the incident.

 

I expect full and immediate action on your part, as my only transport is now at the garage awaiting repair. I will gladly meet an inspector at Killure or the garage, you can contact me at home 051 885779 or mobile 087 7833903

 

I enclose photographs, reciepts and an estimate from Walshes Nissan.

 

Yours Sincerely

 

Michael Daniels

Hi Chewie,I would leave out the part about it being a particuly dangerouse section of road also the bit about two pot holes.I would describe it as standing water concealing two pot holes which was the main and only contributing factor which caused the damage to my vehicle.

ahh i was gona say that. great minds ehh vini

um, your best thing go and see a solicitor and have him check the letter, then ask him for reccomendations to alter the letter, he may charge you 25 quid but then the letters right first time.

I would also not say you proceeded to drive further on...you should have pulled over straight away...you don't wanna say you drove with the damaged parts as this could have made the damage worse and they will try to wriggle out of it...

dont we have a legal eagle on the forum?

Make sure you only send them copies of receipts etc - they will lose them !

Cheers, i have amended the letter. I called a solicitor today and was advised to pay 300 euro to a surveyor to inspect the road as an indepentent witness.

 

Fook that , i'm not paying out easy money to someone for 20 minutes work.

I recieved the damage estimate from nissan today.

1,902.99 euro. :(

 

LABOUR 492.50

FRONT SKIRT 394.98

PAINT AND SUNDRIES 75.00

LH SHOCK 147.34

RH SHOCK 147.34

FRONT STABILIZER 292.21

RH ANTI ROLL BAR 42.72

LH ANTI ROLL BAR 42.72

BUSH STABILIZERX2 22.24

CLAMP STABILIZERX2 19.42

 

VAT@13.5% 226.34

TOTAL 1902.99

 

I aplogise for going on about this, but no words can describe how absolutely p*ssed off I am :( :( :(

personally i would take a solicitors advice in any legal situatiuon, as you are aware they know the legal oopholes that the council will use, you have to understand that when your claim goes in the council hand it over to their legal dept, in house solicitors mate.

 

all claims must be substantiated and prrof of events, damage, costings, etc... the list goes on, these guys are on the ball... are you??

 

i would personally get the surveyor in and add his bill to the claim, its cash i know but it goes in your favour and by using an independant that has recognised qualifications your claim is more likely to be passed through.

 

remember your solicitor can also explain primary lease policy as i referred to in my previous postings, and how as they are responsible for the highways they are responsible for all damaged caused by failure to maintain such highways.

 

i can only offer you a sensible course of action so as to ensure that your claim is heard, passed and compensated.

 

the way you go about it is only your choice. you need to check the acts reguarding maintainance for your council this will be available free online or from county hall(main office for borough council).

 

if you want more info i will dig my law books out.

Really sad to hear that, and all you have to go through to get out the money for it :( Over here I would probably have no problems to get out that money from the insurance company as long as I have full insurance for the car.

personally i would take a solicitors advice in any legal situatiuon, as you are aware they know the legal oopholes that the council will use, you have to understand that when your claim goes in the council hand it over to their legal dept, in house solicitors mate.

 

all claims must be substantiated and prrof of events, damage, costings, etc... the list goes on, these guys are on the ball... are you??

 

.

 

 

Probably not, but i'm learning ;)

Really sad to hear that, and all you have to go through to get out the money for it :( Over here I would probably have no problems to get out that money from the insurance company as long as I have full insurance for the car.

 

 

cheers Ken, i would go through insurance but my policy is part of a group policy in the family business so it would affect the renewal policy for everyone.

Get pics of the potholes as usually as soon as this is reported to the council they fix the road, if you have no proof of the potholes then your claim will be denied.

cheers Ken, i would go through insurance but my policy is part of a group policy in the family business so it would affect the renewal policy for everyone.

 

Not sure about your insurance in Ireland, but some policies offer legal cover here - where you can at least call for some legal advice.

 

Good luck with it,

 

Rich

Good Luck M8