EMM dismisses claim for damage to vehicle

This is the story of the municipality and myself after one of their vehicles damaged my car.

On July 1, the Alberton Electrical Department started digging trenches in Jackson Street, Brackenhurst and on July 5 they hit the main water line for several houses in Jackson Street.

We were without water until July 9 whereby I had to get a plumber out to look into why my water was not running, only to find out that stones and dirt were in the water line.

On July 10, I left for work and my wife was on school holidays as she is a teacher.

She called me around 11am saying that the power went off and there were workers digging trenches on our pavement outside.

I came home from work and saw that my driveway was trenched up and so I parked on the street.

I saw that the team had managed to hit my main power line with a pickaxe and damaged my cable. Then I went inside my house to wait for the power to come back on.

I then heard a loud screeching noise and proceeded outside to see that one of the municipal trucks who had stopped outside to drop off a cable without any safety barriers or demarcation boards had tried to move the truck further down the road.

Without fully retracting the crane’s stabilizer jacks, the driver proceeded to move a vehicle in an unsafe state and hit the driver side door of my car.

I then got told that one of the managers was called to come out to my house.

A Mrs/Miss/Ms Nomfesane Jokazi arrived at my house, took my details and told me to make contact with Mrs/Miss/Ms Phumzile Majola for insurance claim purposes.

Since my accident on July 10, I’ve been waiting and requesting resolution on my claim with the municipality, only to be told on October 13 that my claim has been declined due to me not heeding warnings by the municipality.

I have credible witnesses to state that the municipality never engaged with us or engaged in any demarcation or warnings that any of the work that commenced in our street would happen.

I also have more than one witness that can attest that the driver of the truck drove with the stabiliser jacks extended and that no demarcation was done around said vehicle to provide a safe working space.

I have also attached photographic evidence showing the truck after hitting my car working without any warning signs in the street.

I would like to point out that from the pictures attached my car didn’t move and the truck was the only vehicle that moved on said day and I have asked many times for the police case number that is supposed to be opened once an accident takes place and still haven’t received such.

I have copied everyone in who I’ve dealt with as well as all email correspondence and pictures and documentation relating to said accident as I would like this escalated to the highest possible person to show how the Ekurhuleni Municipality is trying to escape liability for their negligence.

Brian Stark

Themba Gadebe, EMM spokesperson had this to say:

“With all liability claims made against the city, the insurers compare the version of the incident portrayed by the claimant as well as the report from the relevant department involved and makes a ruling based on the case presented.

“In this particular instance, it was discovered that the claimant ignored all danger cones placed to warn the public of the potential hazard and parked his vehicle next to the council truck that was offloading the cable. As a result, the claim was rejected.

“It is the claimant’s prerogative to appeal the ruling made in writing and provide details stating which factors he feels might have been omitted when the claim was considered. Any supporting documents such as statements from witnesses or photo’s must be attached to the appeal.

“The documents will be submitted to the insurers for reconsideration and the claimant will be notified of the ruling.”

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