“Many accidents still happen, as speeds travelled are too high for current conditions. Especially when it rains potholes are not visible,” he said.
Sometimes damage cannot be avoided, and if that is the case you could consider a claim against the municipality. But, in considering such a claim, the following factors will be considered:
1. Would the reasonable person, knowing that there are potholes, by taking proper care, have avoided damage? For example, if you know there is a pothole on the road you drive, could the reasonable person have avoided it?
2. Is the damaged claimed for reasonable purposes? If you have tires with 60000km on and you damage those, why do you claim the latest top of the range new tyre? (What does your normal insurance do, or when you trade in your car?) Make your claims reasonable. We are finding people claiming for things that could not have been caused by hitting a pothole.
3. Were you within the law? If you speed above the speed limits or were under the influence of a substance and hit a pothole, then it’s not reasonable to expect the municipality to pay for that damage.
4. Can substantiating documents be provided, including a description of what happened, when, where, with quotations on the damage, which will allow the municipality to verify the claim? We are receiving claims from opportunistic persons who have no substance and no reasonable way to verify it.
When you suffer damage that you could not have avoided, please submit the following to the office of the administrator or the head legal services: pathers@emalahleni.gov.za.
Include a declaration explaining what happened, the time, place and circumstances, the quotations for the tyres and related damage, photos of the place (showing the potholes) and the damage done and your contact details and copy of the drivers licence of the person who was driving the car during the incident.
Note that fraudulent claims are a criminal offence.
