Can I claim for pothole damage?

PotholeMany visitors to the Arrive Alive website and the Car Insurance Blog have searched for more information on how to claim for damage to tyres and vehicles as a result of potholes on our roads. These searches are for both the terms pothole and pot hole! Irrespective of whether the spelling should be pothole or pot hole – this is a source of great agitation for many a road user!

Can I claim for damage caused by potholes?

The easy answer is – Yes – You can. There is a responsibility on the side of the authority to maintain roads and repair potholes. It will however also be a matter for the Law of Evidence as well as a matter to establish blame. 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. There are reported cases in our law of significant damages awarded to people injured in accidents caused by these potholes.

Where do I claim for damages from potholes?

This is where this becomes a bit more technical and difficult. We need to ask the question – where did the damage occur?

The best safety net for road users is the one provided by the National Roads Agency – and this applies to the so called “N”roads such as the N1, N2, N3 …N12 etc.

SANRAL contracts with road works companies to maintain these roads, and they have to provide proof that they have an insurance policy in place to cover claims for liability from road users.

Claims for damages from potholes on National Roads are therefore directed to SANRAL and from there to the specific contractor on that stretch of road.

On the Municipal roads- where most of the damage will unfortunately be caused – the road users would have to approach that specific municipal authority or Department of Public Works and enquire from them which documentation to complete, and to whom to submit such a claim. This might unfortunately take more time and is also dependant on the efficiency of that municipal office!

What is needed when submitting a claim for pothole damage?

How-do-I-claim-for-Pot-Hole-damageIt is important to remember that there needs to be information available to evaluate the claim. I 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. It is also important to show that there are not 2 claims for the same damage – so you may not claim from both your insurer and the insurer from the road works company.

We have a copy of such a claims document received via fax from a road user who suffered damage as a result of a pothole. Even though this is from damage on the National Road – this will also provide insight to what would be required for other claims.

Information required would include:

  • Your ID Document
  • Your Drivers License
  • The Registration Details of your Vehicle
  • 3 Written quotes for repair
  • A Declaration signed by the claimant

We would like to suggest that the vehicle owner also provide proof through photos of the pothole and the damage to the tyre and vehicle.

We have made the effort to provide the contents of the claims document for damage from potholes on our National Roads:

Page 1 Cover Letter

Without Prejudice
Date:
To:
Fax:
Tel:
Please complete and Return To:
The South African National Roads Agency (LTD):
For Attention
The Regional Manager
Northern Region
Private Bag X17
Lynnwoodridge
0040
OR FAX TO: Dimitri Alben
0866450784
Tel No: 012-426 6200
Email: albend@nra.co.za

Page 2 Information Required

Details Registered Owner of the Vehicle
Name & Surname
ID No:
Tel Home:
Tel Work:
Cell No:
Fax No:
Email:
Postal Address:
Physical Address:

Details of Driver at Time of the Incident / If different from the owner
Name & Surname:
ID No:
Tel Home:
Tel Work:
Cell No:
Fax No:
Email:
Postal Address:
Physical Address:

Vehicle Details
Model:
Type:
Registration Number:

Details of Incident
Date:
Time:
Speed Travelled:
Weather Condition:
Exact Location: National Road eg N1, N2, N3…..km..
Direction of Travel:

SAPS Information [Only of reported to the SAPS]
SAPS Docket No:
Police Station &Tel:
Date Reported:

Insurance Details
Company:
Contact details /Contact person:
Policy Number:

Please attach copies of (1) ID Document (2) Drivers License (3) Registration Certificate of Vehicle together with 3 written quotes for repairs.

DECLARATION:
I, ……hereby declare that this claim for alleged damage to my vehicle on the date and time described above has not been submitted to my insurers indicated or to any other insurers. If evidence to the contrary is revealed, I will accept that my claim will be declared null and void and that no further claim can be instituted against the South African National Roads Agency. I also declare that all the information supplied herein is true.
Signature Date

Page 3 Comprehensive Description of Incident

[This is a requisite to evaluate your claim]
……
……
[Please supply all requested information to expedite the process]

Also view:

Potholes and road damage drive demand for tyre insurance in South Africa

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33 Responses to Can I claim for pothole damage?

  • By Cliff Livingstone April 29, 2010 - 9:04 am

    Simple pothole incident – drove over pothole, tyre punctured. Changed wheel and took the damaged tyre to tyre retailer – too damaged to repair. Paid r1200,00 and had a new tyre fitted there and then.
    This is NOT an insurance matter, NOT a police matter, NOT a reportable matter. How do I claim my R1200,00 back from Johannesburg Municipality.

  • By Leon Naidoo May 3, 2010 - 9:07 am

    I hit a pothole last night in Midrand Lever Road. ( 2 May 2010 ) both my front left and back back tyres burst. How do I claim for this damage from the municipality. I have photos of the pothole and the damaged tyres.

  • By WILLIAM May 4, 2010 - 4:14 pm

    This is just to keep us happy,submit a claim and they come back ..sorry no way of verifying damages to your vehicle was cause by any negligence on the part of the contractors or road agency.
    The poor planning from the contractors and road agency cause everyday road users dearly.
    i kept my insurance out of this and just paid cash for the damages.
    Why not investigate the claim before you reject it?

  • By Samantha May 18, 2010 - 2:41 pm

    I hit a huge pot hole just outside the diepsloot informal settlement and blew my tyre, buckled my left rim and now my suspension is stuffed and looks like a whole lot more damage. This is a huge hi way that connects Krugersdorp to Pretoria!

    At the end of the day I’m going to have to fork out a minimum of R5000. I was only driving 100 kms in a 120 zone. I’d love to know who to send this bill to….

  • By Dumisani Davids May 27, 2010 - 4:37 pm

    I hit a huge pothole on my way to Mpumalanga on the N17 to Standerton, just outside Leandra. A colleague of mine was in the car at the time and the damages caused to my tyre amounted to R2 900. I replaced the tyre in Leandra as it was totally destroyed.

  • By Kris van Straaten June 21, 2010 - 9:33 am

    I also hit a huge pothole between Leandra and Standerton wich blew three tyres on my BMW 3 series. Coul fortunately limp to Newcastle on the runflats. Cost me R.8880.00. Where should I go from here?

  • By Frikkie van Tonder June 24, 2010 - 8:27 am

    I also hit a whole lot of potholes on the Leandra – Standerton road about a month ago with my BMW 3series. When you get off from the N17 and turn right at the T-junction towards Standerton, about 1.4 km, you will find a section of the road, completely distroid. The word pothole does not descripe the state of the road. It happenned 2h00 in the morning. Couldn’t drive further and had to wait for a Rollback from BMW. 2 tyres and 4 mags totalled. Suspention damage. Cost of repairs – R38000.00.

  • By Flo' de Freitas July 13, 2010 - 4:41 pm

    Travelling down Coleraine Drive in Bryanston last night, I hit one helleva pot hole that instantly affected my steering wheel. By the odd feel of it, I knew I must have damaged my tyre pretty badly. Thankfully I got to the Shell Garage along Rivonia Road (just past MacDonalds) safely where a Pump Attendant very kindly changed my flat tyre for me. He pointed out that my rim was badly bent. I will only be able to get to Tyre Dealership over the weekend. What is the time frame for submitting claims ?

  • By Judith Botha August 5, 2010 - 8:57 pm

    I had to go for a medical to Matla Colliery from Bronkhorstspruit early one morning. When I got to Witbank and turned towards Oogies the mist was so thick at 05.30am that I couldn’t even see the end of my bonnett so I could hardly see. The road between Witbank and Matla Colliery has ‘sink holes’ not pot holes not to even mention the road condition! There are no lines, there is hardly no tar in places and the tar that is there is in such poor condition…….in fact ‘WHAT F**KING ROAD!’ My vehicle has R40,000.00 plus suspension damage and my insurance company is disputing the claim which I registered the next day. I travel in that area everyday and my BMW does have high millage but I can prove that my car is serviced at the dealership when necessary and the car is in very good condition. I have never claimed except for 2 windscreens over a period of 8yrs. What rights do I have as I have never missed an insurance pmt, never abused my insurance and now this? My insurance is with ABSA, BROLINK BY THE WAY! Please assist as I don’t have extra cash for a new car or for the repairs?
    Many thanks.

  • By edward August 18, 2010 - 3:52 pm

    Who is responsible for negligence when a road is being extended? I skidded over 100M of loose gravel that had been washed into the road after a mild downpour. My car was written off and I was liable for physiotherapy for two months plus. Two attorneys said i never had a case as it wasn’t a third party claim but I maintain I am still entitled to compensation for my loss etc. This accident was within the last six months. 

  • By Jennifer Bezdek August 23, 2010 - 12:58 pm

    I hit a pothole in Kempton Park and resulted in me having to replace two front tyres at a cost of R 7,000.00. The rims too are bent which will have to be repaired/replaced. My husband too hit a pothole on the R21 highway which resulted in R 35,000.00 damage to his vehicle. This has cost us in excess of R 40,000.00 just this year. I want to claim for my tyres but need to know who to contact. Thanks

  • By Ronel August 30, 2010 - 11:33 am

    I hit a pothole on Pretoria road (JHB) and must replace my bended rim and damage tyre. I want to claim it back but where must i go to do that? Thanks

  • By Gerhard September 17, 2010 - 11:50 am

    could someone in cape town please comment on pothole damage they experienced? were writing an in depth article on this and would like to interview you and take a pic with you and your damaged car.

  • By Lucy November 3, 2010 - 4:52 pm

    I have read and understand that we can hold the municipality and road agencies responsible for damages to our vehicles due to potholes. What are we using to rely on for them to compensate us? Is there a section in an Act that we can use to claim?

  • By Joseph January 18, 2011 - 9:48 am

    These roadworks cause more damage to our cars than actual improvements!
    they lay new tar and leave a ramp so high it knocks my rims everytime! alberton turn off going towards camaro, also the fact that the cut lines in the road and leave a blob of dried tar on the road, i hit that blob and buckled my front wheel! Van Buuren onramp going towards M2
    i have tried claiming but i get no reply from the idiots, and to think the very same road we have to pay toll fees to use!

  • By Steven de Villiers May 3, 2011 - 3:20 pm

    Good day, I would like to know where do I get the required forms to fill in for Pothole claims. Thank you

  • By Ruth May 16, 2011 - 11:37 am

    I hit a huge pothole on my way to Rayton (Cullinan) at 06:30,16/05/2011 it blew my tyre and buckled my left rim,it looks like my wheel bearing suffered as well, because it now sound like a train.How to claim for this?

  • By Jacques Odendal July 7, 2011 - 2:22 pm

    I hit a huge pothole on the N1 in the 80km/h zone leaving town towards Paarden Eiland turn off in the right hand lane.The road was damped from early day rain and as it was past 18h00 it was dark in congested traffic at around 60km/h.This pothole was not there the previous evenings traveling in the same lane just to find out the next evening the pothole was covered up half heartily.Three other road users were find stranded a few hundred meters further down the road before I hit the pothole with my R/H side front wheel

    The sound was like thunder,and thought it ripped the whole suspension out of its mount.

    I had to repair the wheel as soon as possible as it was losing pressure and the car belong to my employer.I have proof of the repair bill as well as photo’s and witnesses who saw the wheel before it was repaired.Please advise my grounds of submitting a claim.

    Regards

    Jacques

  • By Natilie Tippelt November 9, 2011 - 2:45 pm

    I hit a pothole on Bolton Road in Parktown on 4 November 2011 when my R/F tyre burst on a speed of 65 km/h. As everyone knows, insurance companies does not cover you for pothole damage. I have my wheel as well as photo’s of the pothole and the repair bill of R1200.00. Please advise how to claim and who the correct person is to speak to.

  • By Shortage of Bitumen hampering pothole repairs in Port Elizabeth | Car Insurance November 16, 2011 - 9:41 pm

    [...] Can I claim for Pothole Damage? [...]

  • By The Ins and Outs of the pothole plague in South Africa | Car Insurance December 23, 2011 - 1:44 pm

    [...] Can I claim for Pothole Damage? [...]

  • By Ingrid Ludik January 7, 2012 - 3:26 pm

    Hi, I want to know can I get the forms online to claim from the municipality near Witbank?

  • By Hoe lyk die eisevorm vir voertuigskade weens slaggate in Johannesburg? | GeselsVersekering February 29, 2012 - 3:16 pm

    [...] Can I claim for Pothole Damage? [...]

  • By Roelf van Heerden March 22, 2012 - 1:18 pm

    On Friday night (16/03/2012) at about 10h00 I travelled on the R516 road between Settlers,Tuinplaas and Crecy. It was raining and foggy and we travelled at approximately 80kph. We went through a number of potholes but eventually struck a huge one.
    The rear right hand tyre was immediately flat and the spare had to be fitted. On Tuesday (20/03/2012) back in Linden I replaced the damaged rear tyre and found that the front tyre also had been damaged and had to be replaced. The total cost came to R2 220.00 . As no damaged was caused to the mag rims, it damage is not covered by my insurance policy.
    Do I have a valid claim and who must it be submitted to?

  • By Padwerke in die Suid-Kaap wat lei na die KKNK vereis 'n ekstra bietjie geduld | GeselsVersekering April 1, 2012 - 12:17 pm

    [...] Can I claim for Pothole Damage? [...]

  • By george kevyn weber April 2, 2012 - 7:44 am

    What about deaths directly due to pothole damage. can Ppeople claim for this as well. Surely if one can claim for car damage due to potholes then they can also claim for deaths due to a car rolling over and killing the ocupants. Two people wre killed and two survived. Who do you calim from. The same as above.

  • By Tamara June 8, 2012 - 10:28 am

    Has anyone had success when claiming for pothole damage? i am about to try and claim and am wondering if i am just wasting my time. I hit a bad spot on the N12 highway which has cracked all of my mags, it’s the last straw as i have had them repaired more times than i care to remember due to last years N3 construction works.

  • By Sipho Kgaka September 24, 2012 - 1:39 pm

    Riding my bike from Tulisa Park in Alberton to Germiston using the Rand Airport Road yesterday at 13h45 I suddenly, without warning, came up to a terrible part of the road with potholes, uneven pieces of tar and what generally looked like rain damage. I tried to swerve to the other lane but the whole road was equally bad! The front wheel was rocking so badly I thought I was going to die, and was saved when the bike unexpectedly hit a piece of good road and stabilised. My rear rim was buckled. Who do I claim for the damage?

  • By Heunis vd Merwe November 9, 2012 - 4:00 pm

    Hi,

    Try Johannesburg Road agency. I claimed for 2 tyres and got the money back a year later.

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