You have hit a pothole, and you are stuck with damaged tyres, wheels, or more, causing unforeseen and costly expenses. The good news is that you may be able to get compensation from your local municipality or SANRAL! But you have to prove your case.
According to the Automobile Association, if your car is damaged by potholes on national or municipal roads, you can - in theory - claim from these entities. It is the responsibility of the authority to maintain roads and repair potholes. SANRAL or a municipality is considered negligent if vehicles are damaged by a reported pothole.
“The question would be whether there was negligence on the part of the roads or municipal authority in not repairing that pothole – thereby removing a clear and present danger to the road user,” says road safety group Arrive Alive.
There are several reported cases in South African law of significant damages awarded to people injured in accidents caused by potholes.
When instituting a claim, you will need to prove that the damage was caused by a specific pothole. The relevant authority needs comprehensive information to evaluate the claim. “In these times of insurance fraud, it is important to prove that the damage was caused by a specific pothole, at a specific place and to a specific vehicle,” says Arrive Alive. A claimant is also not allowed to claim from both his insurer and the municipality or SANRAL.
You must record evidence as soon as possible after hitting a pothole. Take photos of the damage to your car. Return to the scene if it is safe to do so and take notes of the road name, area and town. Take photographs of the pothole and the environment to clearly show its location.
If someone has seen the incident, get their contact details.
The N-Roads such as the N1, N2, N3, etc. are maintained by SANRAL and claims for damages from potholes on these national roads must be directed to this authority.
On municipal roads, motorists will have to approach the specific municipality or Department of Public Works and enquire from them about which documentation to complete, and where to submit such a claim. This may take more time and is also dependent on the efficiency of the specific municipality.
Information required would include:
And remember, if your claim is rejected, you can appeal it.
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