A total of 376 claims for damage to vehicles caused by potholes on the roads of Kerry were dealt with in the five-year period from 2019 to 2023, it was confirmed today.
Cllr Marie Moloney, who raised the matter at a meeting of Kerry County Council, was told that of the claims made, 111 were settled and 265 claims were rejected.
There were 113 claims made last year alone and, of those, 38 were settled and the remainder were dismissed.
The council holds public liability insurance in respect of third party claims but, typically for this type of claim, the council is not liable because of the legal principal of nonfeasance.
Council CEO Martin O’Donoghue explained that if there is a pothole and the council does nothing about it then the local authority cannot be held responsible but if it is repaired and filled badly and there is a claim made after that, the council can be held responsible.
Cllr Moloney said the number of claims being rejected seems to be excessive and it could be the case that people are not reporting issues because they think it is the council that has to pay and not the insurance company.
Her query as to how much was paid out in damages was rejected because, officials said, the information was commercially sensitive but Cllr Moloney said elected representatives should be entitled to such information.
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