Hit a pothole and heard that dreaded thud under your tyre? You’re not alone… and in South Africa, you may actually have a legal right to claim compensation, rather than just paying for repairs yourself.
WHAT HAPPENS IF A POTHOLE DAMAGES MY CAR?
Liability depends on where the pothole is located. If it’s on a national road, you can claim against the South African National Roads Agency (SANRAL). If it’s on a municipal road, your local municipality or the Department of Public Works is generally liable. For toll roads, you’d typically claim through the relevant concessionaire, such as Bakwena or TRAC.
However, you cannot claim car damage from the Road Accident Fund (RAF). This fund only covers bodily injury, not vehicle repairs.
You will need to stop safely and photograph the pothole itself (placing a shoe or bottle next to it for scale helps show its size), along with your car’s damage tyres, rims, or suspension. A professional damage assessment report from a qualified vehicle assessor strengthens your case. If the pothole had previously been reported and not fixed, that significantly boosts your claim.
HOW DO YOU FILE THE CLAIM?
Each municipality has its own process, but generally you’ll need to:
In Durban, for example, eThekwini Municipality requires a claim affidavit form and a public liability claim form, with supporting photos and an invoice, submitted to its finance claims department.
If you’re comprehensively insured, check whether your policy covers pothole-related tyre and rim damage. This is a common exclusion. Note that you generally cannot claim from both your insurer and the road authority for the same damage. So, duplicate claims aren’t permitted.
If the authority ignores you or unfairly rejects your claim and your damages are under R20 000, you can take the matter to the Small Claims Court. For larger claims, you may need to send a formal notice of intention to sue before pursuing legal action.
Important to note: Courts can assign contributory negligence to drivers who knew about a road’s poor condition but drove at an unsafe speed anyway, so don’t speed through known trouble spots.
Take a look at Helen Zille swimming in Johannesburg potholes here.
