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If my car gets damaged while Iím driving due to road works / potholes, can I claim from the government?

Yes, however in order to establish who you can claim from for pothole damage / damage as a result of road works you need to establish if you are driving on a National Road / Municipal Road.

National roads are commonly identified as N1, N2 Etc. These roads are the responsibility of the South African National Roads Agency (SANRAL) whereas municipal roads would fall under the authority of the various municipal districts or the Department of Public Works were those roads are located.

SANRAL contracts with road works companies to maintain these roads, and they have to provide proof that they have an insurance policy in place to cover claims for liability from road users.

Claims for damages from potholes / road works on National Roads are therefore directed to SANRAL and from there to the specific contractor on that stretch of road. The SA National Roads Agency Limited (Sanral) confirms that claims are processed like any other car insurance claim if it could be proved that the damage occurred as a result of road works / pothole damage.

On the Municipal roadsĖ the road users would have to approach that specific municipal authority or Department of Public Works and enquire from them which documentation to complete, and to whom to submit such a claim.

Information required would include:
  • Your ID Document
  • Your Driverís License
  • The Registration Details of your Vehicle
  • 3 Written quotes for repair
  • A Declaration signed by the claimant
We would like to suggest that the vehicle owner also provide proof through photos of the pothole and the damage to the vehicle.

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