Motorist’s claim for pothole damage is rejected
Petit resident Lynette Scott said she is not prepared to write off R20 000, after her car was damaged by a pothole on Busschau Road, in Fairleads.
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The incident took place on March 8, last year, but she has still not received any compensation from the Ekurhuleni Metropolitan Municipality (EMM).
“My car’s left side hit the pothole, which was very big, and damaged my suspension, shock absorbers and two tyres,” said Scott.
She claimed from her insurance company and her quotes totalled R20 000, which her insurance would not pay, because she was not fully covered.
Since then, she has been battling with the municipality’s claims department, who have since dismissed her claim.
“I had to sit for four months without a car,” said Scott.
In January she was sent a rejection letter from the EMM – which the City Times has seen – stating that she would not be compensated for damage, because the pothole was never reported before the incident took place.
“We regret to inform you that your claim has been rejected,” read the letter from the insurance and risk section.
“In this particular instance, the roads department denies having any knowledge or record of the particular pothole being reported to them prior to the date of the incident which lead to your loss.
“Although Council has a duty to repair and maintain roads in the Ekurhuleni area, prior knowledge of the particular pothole and failure or neglect to repair said pothole within a reasonable period are prerequisites for a claim to be successful.
“Council, unfortunately, does not have the resources to monitor, inspect and repair its total roads network on a daily basis and relies on the public, as well as all its employees, to report potholes.”
Scott believes that it is not fair that a pothole’s location needs to be reported before a claim can be successfully made against the damage caused by it.
“The pothole was fixed a few days after my car was damaged,” she added.
“It was fixed very well within a week and since then it has not reoccurred.”
The City Times sent questions to the EMM with regard to Scott’s claims, but no response had been received at the time of going to print.
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