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Pothole Damage Claims: When Can You Claim Compensation?

  • May 16, 2022
  • 1 min read

Potholes are a common cause of vehicle damage in South Africa, but claiming compensation is not always straightforward.


The issue

A pothole may damage tyres, rims, suspension or other parts of a vehicle. The affected driver may want to claim from the responsible municipality or road authority.


What must be proved

  • Where the pothole was located.

  • What damage was caused.

  • Which authority was responsible for that road.

  • Whether the authority knew, or ought reasonably to have known, about the hazard.

  • Whether the loss was caused by the pothole.


Practical point

Evidence should be gathered immediately. Photographs, location details, repair invoices and witness information may all assist in assessing a potential claim.

 
 
Need guidance on an issue?

For advice on your matter, contact Hertzberg Salant Attorneys.

Call +27 11 883 6000, email info@hersalaw.co.za, or send an enquiry below.

This article is for general information purposes only and does not constitute legal advice.

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