The City of Cape says it has a standard process for anyone who may want to claim compensation for tyre damage caused by potholes – provided there is proof.
While there is a responsibility on the side of the local authority to maintain roads and repair potholes, it will however also be a matter for the Law of Evidence as well as a matter to establish blame.
The question would be whether there was negligence on the part of the roads or municipal authority in not repairing that pothole – thereby removing a clear and present danger to the road user.
While speaking on CapeTalk, Deputy Mayor and Mayco Member for Finance, Ian Neilson, said a driver would have to supply an account of damage, proof, and costs thereof when submitting a claim.
“Yes, we have a standard process for anyone, if there was negligence on behalf of the City, that someone can submit a claim for that.”
“But obviously, you have to give adequate evidence and it will be assessed pretty much the same way as a private insurance claim will be assessed because there is also a responsibility on the part of the drivers,” Neilson.
Additionally a driver would have to state where the damage occurred for investigations to be carried out.
The City road engineers would investigate the scene and establish whether CoCT had been notified that there was a pothole there.
Should it be established that the City was not aware that there was a problem, if no one had reported that pothole, then therefore there would be no negligence on the part of the City.