Hit a Pothole? How to Claim Damages from the Municipality

The Hook: Eish, there goes the tyre (and the rim)

We've all been there. You're driving along, minding your own business, and suddenly—BANG. You hit a pothole the size of a jacuzzi. Your steering wheel shakes, you pull over, and your heart sinks. Your rim is bent, the tyre is shredded, and you're wondering how you're going to afford this.

Stop. Don't just pay it and move on.

The roads are the responsibility of the government (Municipality, Provincial Government, or SANRAL). If they fail to maintain them, they can be held liable for the damage to your car.

The Short Answer: Can you claim?

Yes. But it's not quick, and they will try to say no.

You cannot claim from the Road Accident Fund (RAF) for damage to your car (RAF is for bodily injury). You must claim directly from the authority responsible for that specific road.

Step 1: Secure the Evidence (Immediately)

If you don't have proof, you don't have a claim. Do this right there on the side of the road if it's safe:

Take Photos:
- The pothole itself (put a shoe or bottle next to it to show scale).
- Your car's damage (tyre, rim, suspension).
- Wide shots of the road context (landmarks, street names).
Pin the Location: Open Google Maps and save the exact GPS coordinates.
Get Witnesses: If anyone saw it or stopped to help, get their name and number.
No "Selfies": Keep it professional.

Step 2: Whose Road is it?

You need to sue the right person.

National Roads (N1, N2, N3, etc.): Usually SANRAL.
Municipal Roads (Inside suburbs/cities): The local Municipality (e.g., City of Johannesburg, City of Cape Town).
Provincial Roads (R-routes connecting towns): The Provincial Department of Roads/Transport.

If you aren't sure, start with the Municipality. They will tell you if it's not theirs.

Step 3: The Documents You Need

Prepare an "Evidence Pack". You will need printed copies of:

ID Document (Certified copy).
Driver's License (Certified copy).
Car Registration Papers.
Affidavit: A police statement explaining exactly wha happened (date, time, location, direction of travel).
3 Quotations: Get three independent quotes for the repairs.
Photos: Print your colour photos.
Invoice (if already repaired): Proof of payment if you couldn't wait.

Step 4: Submitting the Claim

For SANRAL (National Roads)

They effectively subcontract maintenance. You normally claim through their specific toll route concessionaire (like Bakwena or TRAC), but start by contacting SANRAL's direct claims department.

Email: info@nra.co.za
Phone: 012 844 8000

For Municipalities (e.g., Joburg/Cape Town)

Most major cities have a specific form for "Public Liability Claims".

Go to the Municipality's website.
Search for "Public Liability Claim Form" or "Pothole Claim".
Fill it in and attach your Evidence Pack.

Tip: Scanned PDFs are better than loose papers. Email it and hand-deliver a copy if possible to get a stamped receipt.

Step 5: The "Rejection" Game

Get ready: They might reject you at first. They often say: "We didn't know about the pothole, so we aren't negligent."

Your Rebuttal: Local authorities have a legal duty to inspect and maintain roads. If the pothole was huge or had been there for weeks (check Google Street View history if you can!), their "we didn't know" excuse doesn't wash.

Final Option: Small Claims Court

If they ignore you or unfairly reject your claim, and your damages are under R20,000, take them to the Small Claims Court.

Cost: Free (mostly).
Lawyers: No lawyers allowed. Just you vs. their representative.
Result: A binding court order forcing them to pay.

Don't Struggle Alone

Navigating municipal bureaucracy is a nightmare. If the damage is huge (suspension replacements can cost R50k+) or you suffered an injury, don't DIY it.

Need a lawyer to write a Letter of Demand? Find a litigation expert on LekkerLaw today.