FAQ: Can I sue government if I hit a POTHOLE in South Africa?

If you hit a pothole in South Africa, you’re probably wondering what sort of recourse, if any, you may have to cover the damages. Here are some frequently asked questions answered if you hit one of the 25 million potholes in South Africa.

YOU HIT A POTHOLE IN SOUTH AFRICA, NOW WHAT?

According to Santam, the average cost of an insurance claim if you hit a pothole in South Africa’s is R22 500. This is generally for the replacement of two or more tyres, a bent rim and suspension component repairs. So, if you have comprehensive coverage on your vehicle, you should definitely take advantage of it. That’s what you pay for, after all.

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However, according to TopAuto, Santam is seeing more and more people over-state their claim and try to take advantage of other damages or wear-and-tear items when they hit a pothole.

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As a qualifier for how poor South African roads have become, Santam has seen a 40% increase in pothole-related claims so far in 2023 versus 2022. This is only likely to get worse as Gauteng descends into the rainy summer season and potholes deteriorate even further.

CAN I SUE FOR POTHOLE DAMAGES?

In some cases, yes, you can sue the government. However, it’s best to let your insurer take up that fight with the municipality, if possible. Santam, for example, has been able to prove negligence in certain cases and was able to recover a portion of money spent on paying out claims.

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According to an interview that aired on CapeTalk this month, South African motorists are increasingly suing municipalities privately for pothole damages to their vehicles. Kirstie Haslam from DSC Attorneys explained there is a statutory and common law duty on local and national government to maintain roads in a safe condition for road users and to provide warning signs when necessary if there are potholes.

25 MILLION POTHOLES IN SA

Inadequate road maintenance and poor utilisation of taxpayer money, don’t forget, is behind the 25 million potholes on our roads. This number is massively up from the 15 million potholes back in 2017. Slowly, people are becoming more educated and aware that they are able to sue local authorities for pothole damages.

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If you’ve been driving responsibly, had clear visibility, but still hit a pothole, you must give notice of intention to sue within six months of the incident occurring. And then initiate court action within the next two-and-a-half years, explained Haslam.

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Have you hit a pothole in South Africa recently? If so, was your claim covered? Be sure to share your thoughts with our audience in the comments section below. And don’t forget to follow us @TheSANews on X and The South African on Facebook for the latest updates.

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