Claim for damage to vehicle through pothole damage

[Jenny Calder]

Does anyone know how we can go about claiming for damage to a vehicle from potholes in Observatory?  Someone very kindly gave me a lift home to Robins Road this evening, and when he attempted to turn left into Scott Road, the front wheel plunged into a pothole which is a metre in diameter and 30cm deep.  There is no light on the corner either.  Quite a lot of damage was done to the car.  He had just pulled away, I live very close to the corner.  There are several other huge potholes in the section of Robins between Bishop and Scott at least.  I haven't inspected the rest.  These are as a result of new pipes being laid earlier in the year.  I submitted a C3 complaint when the rains started as I anticipated it getting worse, but no response yet. Any advice would be welcome.

Thank you.

[Hannes Bronkhorst]

I was in the area of Robins Road yesterday afternoon and met with the City's sub contractor who will be repairing Robins Rd from the Blackpool Soccer Club towards Bishop Road.

I did hear them say that they would be starting to repair soon as next week. Will keep all updated on progress as it occurs..

[Jenny Calder]

Thanks Hannes, and they did repair the big pothole that the car got stuck in.  It was next to the horse-box.  Fortunately I did photograph it before it was repaired to show how big it was.  There was another witness to the damage as well.  The problem now, is how do I go about helping him claim from the Council.  His front light, the left front fender and bumper were damaged and it wouldn't surprise me if he needs wheel alignment as well.  This is my own observation, I have no idea whether there is anything else that was damaged.  He also left the country the next morning for a month's holiday so the car is currently parked, awaiting his return.

[Frank Schuitemaker]

For a claim against the City of Cape Town one have to proof gross negligence e.g. something of which they should have been aware and failed to rectify. Try to get all the records of reporting this potholes. ONW reported it to my knowledge more than once via Ops Control which may help. Also the claimant has to proof that all the damages were due to this particular incident and not previous damages and/or normal wear and tear. Good Luck.

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[Jenny Calder]

I have proof of reporting the bad potholes in this street twice already.  There were 2 witnesses to the damage as well.

[Jenny Calder]

What I really need, is if someone could tell me how to go about claiming.  Is there a form to fill in.  Photographic evidence I have - I took photos when I reported it.  We took some photos the night of the damage but being dark and very poor lighting at the intersection, I asked him to take further photos before leaving.  And besides that, even though it is not my fault, I feel terrible about it.  Someone has to take responsibility for it.  And the someone is the council.  I told them when they dug the roads up that the roads were likely to deteriorate and they blatantly told me it would not be done for a good couple of months.  I don't have a car so I obviously didn't drive that way, but had I, at least I could have forewarned him, it is not somewhere he has been before either.

[Frank Schuitemaker]

Insurance claims against the City

https://www.capetown.gov.za/en/Treasury/Pages/Insuranceclaims.aspx