Potholes are an all-too-common sight on South Africa’s roads, and a single one of them can cause a lot of problems for your car.
Parts of the country were recently hit with heavy rainfall, leading to flooding and water damage that has exacerbated the imperfections in the surface of many roads.
Fortunately, motorists can claim damages in the event that a pothole (located on a national or municipal road) damages their car, which typically involves contacting either the South African National Roads Agency (Sanral) or the local municipality.
What you need to do
South Africa’s municipalities and transport bodies have an obligation to maintain the roads under their jurisdiction, which means motorists can claim damages for potholes on the grounds of negligence.
If you hit a pothole on a national road such as the N1, N2, or N12, your claim should be submitted to Sanral, which will then pass responsibility to the contractor in charge of maintaining that section of road.
To do so, you must first report the incident to the local police station in order to receive an affidavit, which is needed to validate your application going forward.
When filing a claim, provide the location of the pothole and a detailed description of the damage to your car, with photos as supporting evidence if possible.
It’s a similar process when claiming damages caused on a public road, as you will need to report it to the police and then contact the local municipality.
While the procedure can vary slightly between municipalities, motorists are generally expected to provide the same basic details.
For example, anyone who hits a pothole in Joburg will need to contact the Johannesburg Roads Agency and submit a vehicle damage claim, which requires the following information:
- Claimant’s certified ID copy
- Photos of the damages
- Photos of the pothole and location on the road
- Copy of vehicle registration certificate
- Copy of driver’s license of the claimant
- Copy of the motor vehicle license certificate
- Invoice for replaced tyres or vehicle damage (if already fixed)
- Towing invoice to validate if claiming two tyres or more
- Three recent repair or replacement quotations of the damages
- Affidavit commissioned at a police station, describing the incident and confirming the items damaged
- Affidavit commissioned at a police station confirming non-insurance (if applicable)
- Damage report from the supplier or repairer confirming the items which are damaged
- Copy of the purchase invoice of the original damaged tyre/s to verify the age of the damaged tyres.
If your tyres are damaged, it is recommended that you hold onto them until your application is processed, in case the municipality asks to inspect them.
It’s also important to point out that, if you choose to go down this route, municipalities also require a letter from your insurer confirming that you did not lodge a claim with them, too.
If you want to file a personal injury claim for injuries resulting from an accident caused by a pothole, you will need the following:
- Claimant’s certified ID copy
- Treatment invoices
- Treating practitioner’s report (treatment notes)
- Affidavit commissioned at a police station describing the incident and confirming the injuries
Another large metro – the City of Cape Town – has similar requirements, as road users are obligated to provide adequate evidence before a submission will be paid out.
This includes a written account of the damage done to the vehicle, photographic proof, and an invoice with the cost to repair.
Cape Town also maintains that the pothole must have been reported beforehand for a claim to be valid.
The city’s stance is that, if a pothole was reported and not fixed, it amounts to negligence. However, if it was not aware of the pothole in question, it cannot be viewed as negligence on the part of the metro.
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