Roodepoort residents are no strangers to large potholes in the road, and the resulting damage to their vehicles’ tyres and rims.
This leads to the question, “Who do I hold responsible for the costs of replacing tyres and rims? Can I claim this back from the council?”
According to Bertha Scheepers, the spokesperson for the Johannesburg Roads Agency (JRA), the public may lay a claim with the JRA’s legal department for alleged damages suffered as a result of defective roads and/or infrastructure (such as a manhole, pothole or kerb inlet).
Claim forms can be obtained from the JRA website, Bertha also said that it is important for residents to know that the claim process may be a lengthy one. “We work with both our insurance brokers and insurers in the processing of claims. Each claim is assessed on its merits and in accordance with our public liability policy, which means not all claims will be successfully paid out,” she said.
After the claim form is completed, the following documents should also be attached:
- Police affidavit
- Copy of driver’s licence of the claimant (in case of vehicle damage)
- Vehicle registration documents (in case of vehicle damage)
- Copy of driver’s Identity Document
- Photos of the damage to the car (in case of vehicle damage)
- Three quotations or an invoice for the repairs
- Letter from your insurance company confirming that the claim was not logged to your own insurance, or an affidavit of non-insurance
- Doctor’s report if there is personal injury After completing the claim form, it should be emailed or faxed – with all the additional documents – to claims@jra.org.za.
“The claimant should remember to sign the claim form and attach all required documents, as failure to do so might result in the rejection of your claim. The form should also only be faxed OR emailed – not both, as this delays the process,” said Bertha.
JRA will acknowledge receipt of the claim within three working days and supply a reference number, via email or telephone. Some other facts to keep in mind before claiming for damage from the JRA include:
- Does the road and/or infrastructure fall under the jurisdiction of the City of Johannesburg, specifically the JRA?
- Was the JRA aware of the defects in the infrastructure and/or could it have been reasonably expected of the JRA to be aware of the defects?
- Were any complaints previously received from the members of the public regarding the status of the road and/or infrastructure?
- Has the JRA previously conducted maintenance of the road and/or infrastructure concerned?
- Had any other entity applied to the JRA for a wayleave in respect of the road concerned at the time of, or prior to the occurrence of, the alleged incident?
Between January 2020 and January 2021, Auto & General Insurance has noticed a spike of 47% in tyre and rim claims, raising the question of whether poor road maintenance is to blame.
Steep claim increases were observed in Gauteng, Kwa-Zulu Natal and Mpumalanga, and, although claims have shown a steady increase for both men and women, a significant amount of claims were submitted by men aged between 31 and 37 who drive newer vehicles.
“This is a significant increase and badly maintained roads are a serious concern. One bad patch of road could lead to punctures, tyre bulges, bad wheel alignment and balancing, uneven tyre wear, cracked rims, damaged undercarriage, damaged tyre walls and blowouts, which could very well cost you your life,” says Ricardo Coetzee, Head of Auto & General Insurance.
Saied Solomons, President of the South African Road Federation (SARF), recently stated that roads that are not timeously and properly maintained are costing South Africa millions, with costs soaring even higher when a lack of maintenance sees a road rapidly deteriorating to the point of requiring total road rehabilitation. Other knock-on effects that add to the real cost of poorly maintained roads include frequent vehicle repairs, higher transportation costs, bottlenecks on busy routes and more.
Auto & General provides the following guidelines for navigating poorly maintained roads:
Your vehicle:
- Proactive maintenance: Make sure that your car is checked and serviced regularly. A vehicle that is 100% ready to light up, steer around or meet challenging road surfaces are the best first line of defence.
- On spec: Make sure that the wheels and tyres that you fit match the manufacturer’s specification and that tyres are properly inflated to create an adequate cushion between the vehicle’s rims and the road surface.
- Profile carefully: Low profile tyres may give a vehicle a sportier look, but reduce the space between the rim and the road surface. Fit tyres that are in the “Goldilocks zone” between being sporty, offering comfort and protecting against rough road surfaces. Ideally opt for tyres with rim protectors.
- Emergency kit: Make sure that your vehicle is equipped with the basic wheel changing tools and safety equipment.
Your driving:
- Alert & aware: Always be fully aware of your surroundings, including road signs and technology that alert you to hazards.
- Heavy loads, rough roads: Be careful when using a road or lane used by heavy motor vehicles, as these typically deteriorate faster.
- Cuts like a knife: Be wary of steep road shoulders and surfaces with sharp debris, especially where they can damage the less robust side wall of a tyre.
- Slow it down: Reducing speed could give you vital time to react to obstacles and other vehicles making sudden movements.
- Undercover threats: When it rains, water could easily hide a pothole or debris. The same goes for roads that are badly lit. Slow down and be extra cautious.
- Brake and steer smart: If you can’t avoid hitting a pothole or bad road surface, apply the brakes before the hazard, but let up as you’re about to make contact. This helps to limit damage and also reduces the risk of losing control of the vehicle. Keep a firm grip of the steering wheel and avoid making excessive steering changes.
In the event of a potentially damaging incident or accident:
- Don’t assume that it’s just a minor damage. Stop when it is safe to do so to make sure.
- Switch on your hazard lights and, if possible and legal, pull into the emergency lane.
- Make sure that your vehicle remains visible – make use of your emergency triangle.
- Call emergency services and your insurer for assistance.
“Aside from applying these tips and insisting that authorities step up to make our roads safer, it’s absolutely vital to make sure that you have vehicle insurance – including tyre and rim cover – in place.”
