Pothole damage in Ardnacrusha sparks rates threat

A NEWMARKET-ON-FERGUS man has threatened to withhold €850 from his next rates payment in protest at Clare County Council’s failure to compensate him for damage caused to his car as a result of hitting a pothole.
Peter McInerney was driving towards Killaloe on the night of December 4 last when, a mile past Barry’s shop near Ardnacrusha, he drove into a pothole, which was about two feet long, a foot wide and 14 inches deep.  Both tyres and alloy wheels on the left side of his car were damaged beyond repair. It cost him €850 to fit replacements.
“I pay substantial rates to Clare County Council on commercial properties at Smithstown as well as road tax on five vehicles, both commercial and private, so I expect them to be in a position to compensate me for having to replace two wheels which were destroyed by a pothole,” he said.
Mr McInerney said he was very annoyed when it happened as it was raining heavily and, as he had only one spare, he had to have his car towed into a nearby driveway. He claimed that a woman who lives nearby told him that “at least 200 cars” had been damaged after hitting the pothole.
He called to Clare County Council’s office the next day to report the incident and advised them that “a lot of people have damaged their cars due to this pothole”.
About a week after the incident, Mr McInerney returned to the scene to find the pothole still there. He took photographs and measurements. “You could go potholing there,” he commented.
He added that he understood the pothole wasn’t filled for about another week after that.
Mr McInerney wrote to the council on December 14 to formally outline details of the incident, attaching an invoice for the cost of the repairs and asking for €850 to cover this.
“I expect prompt payment as I always have any taxes up to date. This pothole was not repaired for one week later. Hundreds of cars got damaged. I also have photos taken of the damage; if you request them I will email them to you at your request. I expect the roads to be kept in better condition,” he wrote at the time.
Senior executive engineer, Seán Lenihan, confirmed the council has got numerous claims from motorists following damage to their vehicles due to potholes.
Once the council receives a claim, Mr Lenihan contacts his overseer to establish if any road repairs or roadworks were carried out in the lead up to the alleged damage.
“If the council does a road job and it doesn’t carry out the repair work properly or leaves a manhole cover in the wrong place, then it is hands up, the council will cover the cost of this damage.
“However, where a pothole appears as a result of normal wear and tear, there is no liability on the authority. There was a lot of damage caused by flooding and frost on roads in South-East Clare last December.
“I have had punctures on roads as a result of potholes which I had to repair,” he said.
Mr McInerney said the response is an attempt to fob him off. “I’ve spoken to council engineers about this as well as getting letters. The council is being arrogant about the whole thing but I’m determined to get the €850. It’s due to me because the road was in a bad state,” he said.
“I have never made any claim against the council before. I always pay my road tax and rates on properties and I don’t want to do what I have in mind but I will do it if I don’t get any satisfaction. I will withhold €850 from my next rates payment and I will make it difficult for them to get this money,” said Mr McInerney.