eccc whippet Posted February 3, 2017 Posted February 3, 2017 For the more advanced cyclist...a little hop and off you go...for the noobs on a road bike...it could involve a dent in the medical aid savings plan and cheers to the no claim bonus...if you lucky. If not so lucky...you swerve for a pothole and get hit from the back and end up with lots of broken bones or dead...or get hit head on from a vehicle swerving to miss a pothole. So the question...can you claim from the council/municipality? ...if so...how do you go about it. Potholes are becoming a real challenge on our roads not only while cycling...I replaced my vehicle tyres to find the rim is dented from a pothole...I am surprised there are not more head on collisions from people crossing into on coming traffic to avoid potholes. Looking on the bright side...it slows the traffic...making it safer for cyclist [emoji12]
gg2 Posted February 3, 2017 Posted February 3, 2017 yes you can. Took me 15 MONTHS with emails at least once a week. Paid out R13k for new wheels after hitting potholetook pics, had witness statement but only really got moving when I got hold of the correct person which took monthsi have the correct person and email address but Durban based....maybe a good starting point if a different province
The Guy in Pink Posted February 3, 2017 Posted February 3, 2017 A runner in our town ( Louis Trichardt ) was training in the early morning dark and stepped into a pothole. She broke an ankle. She claimed from the municipality and eventually got paid out. But the Municipality's BEE Lawyer tried every trick he could. The woman's attorney (my training partner for many years and an ex SA 1500m track champion) was convinced he was only trying to drive up his fee as much as he could, before settling out of court 10 minutes before the hearing - which was in the Pretoria high court 400km away - after insisting the surgeon be there to give evidence in person . (he refused to accept the surgoen's affidavit.) Edit: grammar
coppi Posted February 3, 2017 Posted February 3, 2017 I claimed many years ago in Pretoria when things still worked properly ( trench across road damaged both front tyres and rims )Nowadays I am sure its not worth the frustration and heartache trying to achieve this, you might even end up in hospital from a heart attack..........................
cfcjim Posted February 3, 2017 Posted February 3, 2017 Do it! And publicise your travails. Local press etc. It will help.
GaryP Posted February 3, 2017 Posted February 3, 2017 Hi. It should be possible, you just need to be patient and keep bugging them. You need to be in it for the long haul based on the principle of the thing. If that is you; go for it Ciao.
Popit Posted February 3, 2017 Posted February 3, 2017 Is it true that you can only claim if the pothole has already been reported to the council ?? The reasoning being that the council cannot be accountable for something they are not aware of , however if it has been reported , then they are aware of it and have a responsibility to fix it .
coppi Posted February 3, 2017 Posted February 3, 2017 Is it true that you can only claim if the pothole has already been reported to the council ?? The reasoning being that the council cannot be accountable for something they are not aware of , however if it has been reported , then they are aware of it and have a responsibility to fix it .And there lies the challenge.........how do you prove that?
Veebee Posted February 3, 2017 Posted February 3, 2017 Nowadays I am sure its not worth the frustration and heartache trying to achieve this, you might even end up in hospital from a heart attack.......................... that's the reason we have medical aid and insurance for our bikes... I wouldn't want to go through the hassle of dealing with a bunch of municipal employees...
Patchelicious Posted February 3, 2017 Posted February 3, 2017 Is it true that you can only claim if the pothole has already been reported to the council ?? The reasoning being that the council cannot be accountable for something they are not aware of , however if it has been reported , then they are aware of it and have a responsibility to fix it .I'm not so sure. Surely the onus is on them, not the public to monitor the state of the roads. "We only fix it if they moan"
porqui Posted February 3, 2017 Posted February 3, 2017 Is it true that you can only claim if the pothole has already been reported to the council ?? The reasoning being that the council cannot be accountable for something they are not aware of , however if it has been reported , then they are aware of it and have a responsibility to fix it . Nope - they are responsible for the upkeep of the road and you can claim negligence.
scubes Posted February 3, 2017 Posted February 3, 2017 Yes. A friend did a few years ago in Jhb. He took a pic of the pothole and of the damage on his Audi's rims. He sent them the invoice for new rims to I think the local municipality who are insured. He is the kinda guy who gets things done and managed to contact the right person and followed up firmly. He was paid out in less than a month.
Skinnyone Posted February 3, 2017 Posted February 3, 2017 that's the reason we have medical aid and insurance for our bikes... I wouldn't want to go through the hassle of dealing with a bunch of municipal employees...For the lucky ones who can afford such luxuries maybe....
Plentipotential Posted February 3, 2017 Posted February 3, 2017 For the lucky ones who can afford such luxuries maybe.... In this country if you're buying a bicycle before you buy medical aid you need to have a chat with yourself or a visit to a state hospital for a look see.
Odinson Posted February 3, 2017 Posted February 3, 2017 I claimed from the JRA in 2014 and got paid out after hitting a pothole on Bryanston Dr. and bursting a brand new tyre. I took some PT to get everything requested for the claim and a lot of follow-up calls and mails to get my money
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