Claiming for damage to your car is complicated but possible.
Image: Pexels
Last May, a legal matter thirteen years in the making was again in the courts after the executor of an estate instituted a R750,000 claim against the City of Ekhuruleni when a motorcyclist hit a pothole “and sustained serious injuries”.
In the ruling, the judge said, “the Municipality had a legal duty towards all members of the public to attend to the proper upkeep and maintenance of public roads within its area and that it was negligent for failing to repair the pothole”.
Even though Marius Botes died a year after the pothole incident, the court noted that “provided that the deceased would, but for his or her death, have been entitled to maintain the action and recover general damages, the action survives for the benefit of the deceased’s estate”.
It added that “the party who would have been liable for the general damages had the plaintiff not died remains liable notwithstanding the plaintiff’s death”.
In another matter, however, a motorist who was speeding was held 20% liable even though it was accepted that a pothole caused the damage.
Webber Wentzel notes that “South African courts are increasingly holding road authorities liable for substantial damages arising from serious accidents caused by poor road maintenance”.
It does caveat this by saying that “in some cases, however, courts will attribute contributory negligence to drivers, particularly where they were aware of the condition of the road on which they were travelling”.
And, another case highlighted that negligence must be proven, such as when residents had previously complained to the city about the condition of the road, there were no warning signs, and damages were caused.
How to claim for pothole damage to your car in the City of Johannesburg.
Image: ChatGPT
However, a claim is anything but easy. The Johannesburg Roads Agency’s website details the procedure, which involves:
Nedbank explains who is responsible for a pothole-related incident or accident:
Some companies, such as Nedbank, do offer tyre and rim insurance, which then requires the driver to take a clear photo of the pothole that damaged the tyre, submit it, and they may also need to inspect the damage or vehicle.
Ernest North, co-founder of Naked Insurance, said “it’s a situation many South African drivers know well: after heavy rain, you’re making your way home through the suburbs when you suddenly spot a large pothole in your path – too late to avoid it or slow down. You hit it, wince, and hope the damage is not worse than it sounded.”
While tyre damage from a pothole or other road hazard may be covered, this isn’t true in every case. For example, if the tyre was already significantly worn and the damage is considered to be mainly due to wear and tear rather than the incident itself, the claim may not be paid.
“Before submitting a claim, it is worth weighing up the costs. If the damage is minor and repair costs are less than or only slightly higher than your excess, it might make more financial sense to pay for the repairs yourself and avoid a potential premium increase in the future,” said North.
IOL BUSINESS