Do you know what to do next?
The municipality could be held liable for damages sustained to your motor vehicle.
“In order for council to accept liability for any claim made against it, it needs to be proven by the claimant that council was negligent or caused accidental damage to the third party’s property,” said Ekurhuleni Metropolitan Municipality (EMM) spokesperson Themba Gadebe.
“The proof should indicate that the municipality was aware of the pothole and failed to take action within a reasonable time, to safeguard residents from the hazard.”
When asked if a pothole needs to be reported before a claim can be instituted, Gadebe said: “The reason for checking whether a pothole was reported is to determine whether council acted negligently or omitted to take reasonable [action] to repair the pothole.”
Gadebe said active citizenry is required and people need to report potholes.
“There are currently no resources to conduct inspections on all road networks across Ekurhuleni on a daily basis,” he added when asked why the EMM does not monitor its roads.
Alberton resident Sonja Laubscher said she was paid out 50 per cent of the damage sustained to two vehicles in two separate incidents.
The first case was at the end of September, when her son hit a pothole in Alberton.
The second was when Laubscher drove into a pothole in Germiston, in December.
She said council pays out a maximum of 50 per cent of a successful claim.
Gadebe was not available to confirm this.
To lodge a claim, you need to do the following:
• Complete a claim form;
• Attach three quotes, as well as photographic evidence of damages incurred;
• Submit photographic proof of the existence of a pothole or attach a detailed sketch of its location;
• Submit proof that you will not claim from your insurer;
• Submit proof of ownership of the vehicle, or proof that it was used with consent of the owner, and
• Submit affidavits of any persons who witnessed the incident or who can bear testimony that a particular pothole had been there for a substantial period.
To submit a claim, contact Dan Monyane on 011 999 6547 or go to danisile.monyane@ekurhuleni.gov.za; call Tracey Ledwaba on 011 999 6550 or go to tracey.ledwaba@ekurhuleni.gov.za; call or Simon Zgambo on 011 999 6541 or go to simon.zgambo@ekurhuleni.gov.za.
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