Pothole problem deepens as legal claims rise
DAMAGE Council facing €4m of claims
Cavan County Council is facing an ever-deepening problem with the number of claims taken by disgruntled motorists over damage caused by potholes to their vehicles. Legal claims for such damages have risen to their highest level for a single period in three years, The Anglo-Celt can reveal.
The figures were contained in a report released under the Freedom of Information Act.
Despite ongoing investment in the local road network against a backdrop of less financial resources, coupled with the rising cost of materials, the local authority had 30 claims brought against it in the first quarter of 2021.
The number also represents more than half the claims brought against the council for all of last year concerning damage caused by potholes.
Seven claims were settled in the first quarter of this year in relation to pothole damage in the sum of €3,481. Last year, 14 cases were settled with €4,013, down from €5,262 and €5,508 paid out by the council in 2019 and 2018 respectively.
According to the regularly updated Active Claims Report, the potential gross value of all 134 live or active claims against the council on the books in the first quarter of this year, amounts to €3,999,795.
That includes 122 personal liability claims, accounting for €3,623,958; seven motor claims (€301,337), and five claims for damage caused to property (€74,500).
The top cause for claims is damage by potholes (56), followed by footpath and slip/trip (30), road (19), Other (9).
€160K in single motor claim
To date in 2021, €336,144 in claims have been settled, with €160,180 paid out in a single motor claim, the highest amount paid out going back more than five years; €99,452 divided among 14 personal liability claims, and €76,512 for one single claim listed ‘Other’.
Last year (2020) saw more paid out in claims for footpath and slip/trip incidents (€439,941.58) than any other year since 2016, with one claim settled receiving €34,474.
Last year, settlements for footpath injuries cost the council €745,801 (12 claims), up from €331,795 paid out in 2019 (13) and €259,041 in 2018 (6).
Meanwhile, €143,654 was paid out in Q3 arising from a claim settled in relation to damage caused by the ‘Escape of Water’.