Compensation dispute over Kildare's 'Road to Nowhere'

The motorist had two accidents on the road but has not got anywhere chasing the claim with the council or contractor
Compensation dispute over Kildare's 'Road to Nowhere'

The contentious cycle path

A TIMOLIN resident who says he suffered two separate accidents on the R448 ‘Road to Nowhere’ has claimed he is being left “hopeless” as a dispute continues over who is responsible for compensating him for the damage.

Dr Ionnais Sygrios said the incidents happened on the R448 between Moone and Timolin, where ongoing roadworks and cycling infrastructure works have been taking place over the past year.

According to Dr Sygrios, the first accident resulted in his car being written off after hitting debris connected to the roadworks. After replacing the vehicle, he claims a second accident occurred at the same location months later when “a hard plastic piece from the works” was left in the middle of the road.

Dr Ionnais Sygrios
Dr Ionnais Sygrios

“They have the concrete left and right. You cannot manoeuvre, you can’t do anything,” he said.

The second incident reportedly caused severe wheel damage, with the driver saying he had to wait almost a month for a replacement wheel because it was a specialist part.

“I had to be on rentals for almost a month, which is crazy,” he said.

The motorist estimates the combined damage from the two incidents at approximately €65,000.

He said he initially contacted Kildare County Council seeking compensation, but was directed to its insurance company. According to Dr Sygrios, the insurers later informed him that responsibility rested with the contractor carrying out the works rather than the local authority.

“They just do whatever they want. They don’t listen to anyone,” he said. “There is no responsibility, no accountability, absolutely nothing.” The motorist also claimed that debris and mud from the ongoing works continue to create dangerous driving conditions on the road.

“From the bicycle lane, from the tractors coming out, it goes all over the road,” he said. “When it rains, it’s a mess. It’s flooded and the mud… it’s crazy.” Kildare Nationalist contacted Kildare County Council for clarification. It was confirmed that claims relating to accidents during construction works are handled through contractors’ insurance providers.

A spokesperson said: “If an accident occurs while contractors are on site, any insurance claim would go through the contractors insurance. Any insurance claims made against Kildare County Council are managed through the Council’s insurance provider, IPB Insurance.” It further said: “All public roads, including the R448 between Moone and Timolin fall under the responsibility of Kildare County Council,” the spokesperson said.

“Where works are being carried out on the public road, they fall under the responsibility of any contractor on site at that time.” The motorist disputes this interpretation and said he had researched legislation relating to road liability, claiming the council could still retain responsibility even where work is delegated to third-party contractors under the Roads Act 1993.

Damage to Dr Sygrios's car
Damage to Dr Sygrios's car

He said he has emailed and called the construction company involved in the works but has yet to receive a direct response to his complaint.

Dr Sygrios said he is seeking reimbursement for costs incurred as a result of the incidents, including repairs, wheel replacement and car rental expenses.

“I’m not going to ask them anything irrational,” he said. “But to give me something at least for the expenses, for the damage and the rentals.” The construction company was contacted to confirm whether it has liability over the road while under construction but replied that it “will not be making any comment”.

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