Let’s look into it…
As citizens of Gauteng, it is not uncommon to be driving up a road cautiously because you are plagued by darkness all-round (owed to our current load-shedding situation, amongst other factors) and then, BANG! You have just hit a pothole.
Much to your dismay, you now have to attend to the repairs to your tyre/s and possibly other damages to your vehicle.
If you have experienced this or have recently been in this type of situation, then you might be in some luck. This is because if you had been driving on a municipal or national road you can very likely put in a claim for damages from the government.
Our laws and regulations stipulate that the government and specific municipalities in an area, are required to maintain roads and ensure that they do not become hazardous for road users. As such, a failure to do so on the part of the respective municipality or possibly the South African National Roads Agency (SANRAL) may constitute as negligence.
If an incident of this nature occurs, it is always important to take note of the location together with pictures of the vehicle, the road and the potholes therein. This would assist in showing proof that the specific pothole caused the damage to the vehicle.
Should you require any further information determining whether or not you have a claim please don’t hesitate to contact Tuckers attorneys on 011 897 1900, 076 777 1920 or info@tuckers.co.za.
Article contributed by Ra’eesah Akoon of Tuckers Attorneys.
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