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You can claim from CoCT for tyres damaged by potholes - but you need proof

6 April 2021 9:26 AM
Tags:
Potholes
Cape Town Mayco
City of Cape Town

Alderman Neilson says there is a 'reasonable burden of proof on the driver' whose behaviour would be taken into account.

Did you know that you can claim damages to your car's tyres if you can prove they have been caused by potholes that should have been repaired but the City of Cape Town, asks Lester Kiewit?

In October last year, the breakfast show spoke to the City of Cape Town Mayco member for Transport Felicity Purchase outlines a plan to repair the potholes, and she said the repairs were being spread across the city.

RELATED: 40k potholes across the city, but 'nothing sinister' about which get fixed first

But it has been five-and-a-half months and there have been many reports of there still being many potholes in certain areas.

Lester Kiewit, Presenter -CapeTalk

So, if you can prove that the damage to your tyres would not have happened if the local authority was aware of the situation and had time to remedy it, you have every right to claim compensation.

Lester speaks to Alderman Ian Neilson, Mayoral Committee Member for Finance at the City of Cape Town and the city's deputy mayor about this.

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.

Ian Neilson, Deputy Mayor and Mayco Member for Finance - City of Cape Town

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.

Ian Neilson, Deputy Mayor and Mayco Member for Finance - City of Cape Town

The driver would have to supply an account of damage, proof, and costs thereof, he adds.

You would also have to state very clearly where this was and then that would be investigated.

Ian Neilson, Deputy Mayor and Mayco Member for Finance - City of Cape Town

The City road engineers would investigate the scene and establish whether CoCT had been notified that there was a pothole there, he notes.

It won't be a case of simply submit a claim and you will get paid.

Ian Neilson, Deputy Mayor and Mayco Member for Finance - City of Cape Town

The behaviour of the driver would be taken into account, he says.

So if you weren't driving with care and you could have avoided it that's also an important factor.

Ian Neilson, Deputy Mayor and Mayco Member for Finance - City of Cape Town

Neilson claims there is a 'reasonable burden of proof on the driver.'

If we were not aware that there was a problem, if no one had reported that pothole, then therefore there would not be negligence on the part of the City.

Ian Neilson, Deputy Mayor and Mayco Member for Finance - City of Cape Town

Each case's circumstances would be assessed individually he says.

Listen to the interview with Alderman Neilson in the audio below:




6 April 2021 9:26 AM
Tags:
Potholes
Cape Town Mayco
City of Cape Town

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