Driver wins compensation for damage caused by pothole

Mario Vella

Sep 19th 2012, 08:29

I will send my bill to Bugibba local council; €450.00 tyre and ball joint of my vehicle

M Micallef

Sep 19th 2012, 06:21

I'm about to sue the San Gwann local council for ruining my tyre which I also had to replace, last week in that disaster of a road in front of Gilda ...

M Meilak

Sep 18th 2012, 20:42

The €180 bill wasn't worth contesting. I wonder what the legal fees would have been had they appointed a lawyer. a true case of managing for value...

Mr mike Knight

Sep 18th 2012, 18:31

I think that the councils in Gozo have a lot to answer for as well, i heard and received a lot of complaints from a lot of visitors i brought in from the UK about the terrible bad roads and the damage that caused their rented cars a huge amount more then they bargained for, (apart from the nasty parking fines for foreigners) driving a K reg. ...Oh what a lovely Holiday wish you where here... and if you believe this you believe everything! me i learned my lesson not to invite more visitors from my home country, rather embarrassing to say the least.

Alexandra MalliaBorg

Sep 18th 2012, 18:23

This is fantastic news for the lady in question, lets hope they will be more such tribunals regarding car damages repair bills caused by the terrible state of our roads, and the councils taken all the way to the cleaners. WHO THE HELL WANTS TO BUY A NEW CAR NOW THEN TM ? any bright answers?

Silvio Mizzi

Sep 18th 2012, 18:05

@Zabbar tirq 10 settembru damage pothole

m. borg (slm)

Sep 18th 2012, 16:55

"Balzan Council pleaded that it would prove that it had done what it could to ensure that no vehicles were damaged. However during the proceedings no one from the council turned up to present any evidence."

Typical gonzipn council.

Desmond Zammit Marmara`

Sep 18th 2012, 16:47

I agree that a driver who suffers damage due to potholes should be given compensation. However, all the criticism of the Balzan Local Council is totally misdirected since Valley Road, Balzan is the responsibility of the central government and not the Balzan Local Council. Valley Road has to be totally rebuilt and it costs more than three times the annual allocation of funds to the Balzan Local Council to do so. The Council has been requesting the central government to take action for many years but all this effort has been in vain. Earlier this month, we councillors even gave a press conference onsite to put pressure on the central government to act. To date, no action has been taken. Fining the Balzan Local Council for potholes in Valley Road, Balzan is the ultimate insult to injury!

Pierre Mangion

Sep 18th 2012, 16:02

i congratulate Ms Bianchi for the result of the case.

on the other hand, there isn't much one needs to be happy about since the compensation is still coming from our own taxes.

if the maintenance of such roads (those that fall under the responsibility of the council) is not kept by the council, than those managing the council should be made responsible for not fulfilling their obligations.

final note, taking the stock of licensed vehicles as per NSO TRANSPORT STATISTICS 2012, which totaled 311947 and multiply by an average annual license fee of €120 per vehicle, this would generate to TM the beauty of €37million per year. now with all these millions collected over the years shouldn't we have deserve first class roads?

andreana attard

Sep 18th 2012, 15:52

What if a road does not belong to a local council ? who should be sued, the minister of roads? transport Malta?

Robert Agius

Sep 18th 2012, 15:45

Local councils....good luck!!

Mr Andrew Camilleri

Sep 18th 2012, 15:28

Balzan Local Council does not exist - all it does is issue a four page leaflet twice a year with some photos and adverts. This must be the worst council in the Maltese islands.

Pablo Vassallo

Sep 18th 2012, 15:22

some councils say that it is not their responsibility when you try to get a compensation for the damaged caused. I had the same problem which costs me 88euro for a pothole while driving in one of St Paul's roads. Good thing i read this article.

E. Azzopardi

Sep 18th 2012, 14:58

Why the council, I thought Transport Malta was responsible for the roads.

Anyway, in my opinion we are not learning anything as time goes by, as even when we repair our roads and streets, this is not done properly.

A case in point are the holes near Kappara roundabout as you are going to St. Julians in the corner. They have tried to fix them several times without success. That is professionality for you. But then no one is listening.

R. Azzopardi

Sep 18th 2012, 14:57

To all those who are whining about damages caused by the state of our roads, just go ahead and file a case with the small claims tribunal. In 2001 I had a very nasty accident whereby I ended up in a very deep, unmarked ditch with my vehicle and suffered extensive damage. Thankfully, I got out of the vehicle totally unscathed. I sued the local council and got 50% of my money back. My case seemed to have been the first of its kind and maybe that's why I was only given 50% compensation but at least I had recovered Lm615 out of Lm1230. Whining and complaining alone will not get you anywhere. Get off your chairs and do something about it.

Peter Murray

Sep 18th 2012, 14:54

This benchmark decision sets a significant benchmark and crucially it dispalys the sheer arrogance of the Balzan Local Council in not havig a representative present at the Tribunal and the Mayor of BLC is ultimately responsible for such disrespect and failure

Jesmond Chetcuti

Sep 18th 2012, 14:49

this case is going to be used as a precedent in many cases that will follow from this afternoon....now expect more fines from the wardens to compensate for this, and other incidents like it....

Jean-Michel Azzopardi

Sep 18th 2012, 14:24

well done mrs bianchi!

Francis Grech

Sep 18th 2012, 14:17

Don't you people day dream that every driver that have or had the same problem will automatically get paid just like that she must had been one of them

Steve Demicoli

Sep 18th 2012, 14:08

We need more of these judgements but at least now a precedent has been set!

Michael Hudson

Sep 18th 2012, 14:05

Local councils, get ready.

Joseph Aquilina

Sep 18th 2012, 13:57

"However during the proceedings no one from the council turned up to present any evidence."

In other words they wasted the time of this tribunal!! and they get 160EURO only to pay for it ... What about doing some justice and also fine the person/s who failed to show up!?

mario salnitro

Sep 18th 2012, 13:27

Eye opener for the Sliema Local council!!!

John Vella

Sep 18th 2012, 13:27

Is this the end of local councils!.....If everyone start suing councils for damage caused by potholes we would bankrupt the councils in no time.

Simon Fenech

Sep 18th 2012, 13:20

I really hope that this verdict gets written down and creates a precedent and is referred to in future for ALL those who have similar misfortunes.

If authorities want to VRT our cars every year and demand 5 star co operation from us, they have to give 5 star roads.

The local roads have never been up to near any European Standard road and knowing this authorities left us to "get away" with sub maintained cars, but if their expectations of our cars is to increase then so will our expectations to get compensated back our hard earned cash if we break our cars on their roads!

J. Vella

Sep 18th 2012, 13:03

i should have done a case for myself too! i had to buy a new tyre worth about 65euro ...but not it's too late ...it was 5yrs ago! i thought it would be futile to open a case. for next time.

anthony sultana

Sep 18th 2012, 13:00

She get paid from our tax money,not the council.That"s why they don"t care.

Mr Alan Zahra

Sep 18th 2012, 12:44

Wake up from your slumber Zurrieq LC, roads are in shambles, dirt/scrap in various areas and palms eaten to the core by bugs.

Paul Azzopardi

Sep 18th 2012, 12:44

This should bring presidence to the long ailing maltese communities that have been suffering because of the state of our roads...so that means now we can sue ..cool

Patrik Larsson

Sep 18th 2012, 12:40

A very good step in the right direction. It's an absolute shame that pothole after pothole is left for long periods, risking damage to all our cars, without anyone ever being held responsible.

Also noteworthy how no-one from the local council even saw it fit to turn up in court.

Anthony A. Mifsud

Sep 18th 2012, 12:29

San Gwann council get ready....
Just drive past the factories leading to San Gwann .
Not a pothole but what we call a garage
Ninu

Victor Rodenas

Sep 18th 2012, 12:16

Now Malta is part of the World.Abroad you will get sued if tree branches from your front garden protrude over the pavement and somebody gets injured or there is a garage hump going over the pavement and somebody gets injured, etc,...

D Borg

Sep 18th 2012, 12:10

Lucky lady! "with interest"

Reuben D. Spiteri

Sep 18th 2012, 12:07

Is this in Malta? Balderdash! No one wins against the local authorities here!

So the question remains.... have they even FIXED said pothole yet? And by fixed I mean turned it into a speed bump.

Godfrey Muscat

Sep 18th 2012, 12:06

Prosit naqbel 100% li l-kunsili lokali ghandom ikunu iktar responsabli ta' toroq fil-lokalita taghhom.

George Smith

Sep 18th 2012, 12:02

Well done Mrs Bianchi. I hope more drivers do the same like you did. Something must be done on thise Maltese roads.

Kevin Camilleri

Sep 18th 2012, 12:01

Mosta council... be warned!