How to claim for pothole damage

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?

Do you perhaps have more information pertaining to this story? Email us at roodepoortrecord@caxton.co.za (remember to include your contact details) or phone us on 011 955 1130.

For free daily local news on the West Rand, also visit our sister newspaper websites Randfontein Herald, Krugersdorp News and Get It Joburg West Magazine

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