Editor – Referring to the unhappiness expressed in your paper, I repeat that one can claim from the municipality when damage is caused to a vehicle due to a pothole in the road.
In a nutshell, what should one do at the site:
Take photos of the pothole and also of the damage to your tyres or the vehicle. Should there be eyewitnesses present, write down their names and contact information to enable you to call upon them if needed.
Also read: Ladysmith motorists frustrated by huge potholes
Report the matter to the SAPS within 24 hours and obtain a case number. Keep proper records of all damages, with proof and the cost to repair such damage.
In case someone has been injured, take photos of the injuries and ask your doctor for a medical report.
Read also: Massive potholes create havoc for Ladysmith residents
Claiming procedure: You or your attorney (preferably the attorney, as municipal officials can frustrate you) must inform the municipality as soon as possible (before expiry of six months) of your intention to sue for damages.
The municipality must pay within 30 days, failing which your attorney will subpoena the municipality. The municipality must indicate within 20 days whether or not the claim will be defended.
If the latter is the case, your attorney would proceed and apply for a court date.
Personally, I prefer the court, as there is always the possibility that councillors and highly-paid officials could personally be held responsible for the cost involved.
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