How to claim for pothole damage: Your guide to getting compensation in Johannesburg

Potholes are not just an annoyance, they can also lead to significant financial burdens for motorists.

Navigating the claims process for pothole-related incidents in Johannesburg may seem daunting, but with the right information and documentation, motorists can effectively pursue compensation.

Read more: Sutherland Avenue pothole fixed

Whether it is a vehicle damages claim, property claim, or a claim for personal injuries caused by potholes, the Johannesburg Roads Agency (JRA) has provisions in place to assist road users.

According to Sekati Mangena, JRA’s head of department for Performance, Governance, Information, and Technology, claimants can submit claims to JRA for any incidents that occur within the City of Johannesburg.

However, not all the roads within the city are covered by the city, some roads are covered by other municipal entities, SANRAL or the Gauteng Provincial Department of Roads and Transport.

“Claims are registered and referred to the Regional Operations Department (RO) for investigation. After investigation a report is submitted to the JRA’s Legal Department. The report will assist to confirm jurisdiction and only at this stage is the jurisdiction confirmed,” Mangena explained.

“A public liability claim is a type of claim that would be lodged by the claimant for damages and/or financial losses suffered for an incident that occurred in a public place that may not have been reasonably protected by the owner or the possessor of the asset involved. Road users can institute a claim for the actual financial loss incurred emanating from that incident.”

Claimants need to fill in the JRA claim form and can hand deliver their claim documents to the JRA Head Office. They can also submit their documents via e-mail to claims@jra.org.za.

Also read: Teamwork between JW and JRA on Achter Road

“The JRA’s insurance broker commits to finalise all claims within a period of four weeks, provided all the information and documents required have been submitted.”

Claims will not be processed if the claim form is not fully completed and/or all required documents are not presented.

“If your vehicle is insured, a no-claim letter from your insurance company confirming that you have not submitted a vehicle damage or a property damage claim will be requested once your claim has been finalised. Payment will not be made until receipt of the no-claim letter.”

Documents needed for motorists to claim from the JRA due to potholes

For vehicle damage claim:
• Claimant’s certified ID copy.
• 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).
• Three recent repair or replacement quotations of the damages.
• Invoice should the claimant have replaced tyres or fixed the vehicle damage.
• Damage report from the supplier or repairer confirming the items which are damaged.
• Photos of the damages (colour photos are preferable).
• Photos of the pothole and location on the road (colour photos are preferable) (if applicable)
• Copy of driver’s license of the claimant.
• Copy of the motor vehicle license certificate.
• Copy of vehicle registration certificate.
• Copy of the purchase invoice of the original damaged tyre/s to verify the age of the damaged tyres. Please retain the damaged tyres should inspection be required. (if applicable).
• Towing invoice to validate if claiming two tyres or more.

For Property damage claim:
• Claimant’s certified ID copy.
• Affidavit commissioned at a police station, describing the incident and confirming the items damaged.
• Affidavit commissioned at a police station confirming that the property is not-insured (if applicable).
• Three recent repair/replacement quotations of the damaged property.
• Invoice should the claimant have fixed the property or damaged item.
• Damage report from an independent technician.
• Photos of the damage including the location (colour photos are preferable).
• Recent copy of your municipal account.
• Copy of the purchase invoices (of the damaged items) to confirm the age of the items. Please retain the damaged items should inspection be required.

For Personal injury claim:
• Claimant’s certified ID copy.
• Affidavit commissioned at a police station describing the incident and confirming the injuries.
• Treating practitioner’s report (treatment notes).
• Treatment invoices.

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