Pothole damage claim - Tshwane [Legal]

[Zound]

Hello Fanatics,

Is anybody aware of, or can anybody please advise me regarding the available channels and correct procedure to claim from the Municipality regarding pothole damage to my vehicles tyres and rims.

I am a repeat victim of the notorious M57 Boeing road in the Irene/Rietvalleirand area. The municipality has absolutely neglected the maintenance of this road and thus motorists are frequently incurring damage to their vehicles.

The claims process is a little easier to find on the internet for the Johannesburg region, but Tshwane is quite a mystery.

Your input will be appreciated.

 

[tman]

Hello Fanatics,

Is anybody aware of, or can anybody please advise me regarding the available channels and correct procedure to claim from the Municipality regarding pothole damage to my vehicles tyres and rims.

I am a repeat victim of the notorious M57 Boeing road in the Irene/Rietvalleirand area. The municipality has absolutely neglected the maintenance of this road and thus motorists are frequently incurring damage to their vehicles.

The claims process is a little easier to find on the internet for the Johannesburg region, but Tshwane is quite a mystery.

Your input will be appreciated.

I think you are better off by claiming from your insurance, that's what you pay a monthly premium for in any case.

Or you might be able to put in a civil claim, but unless the damage is substantial it won't be worth it.

Sent on the move using Tapatalk

 

[rodga]

FYI
A post from the "Ward 79 - Centurion (Tshwane)" facebook group
https://www.facebook.com/groups/1489141071324396/?ref=nf_target&fref=nf

"Update on the proposed upgrade of the M57 (Boeing / De Goedehoop road).
As a result of an earlier petition and a number of interactions with the Gauteng Legislator, Im happy to report as follows on the proposed upgrade of this dilapidated piece of road.
- The tender for the project has been advertised and will be closing on 23 March 2018.
- The tender will be awarded during July 2018 and construction on the road will commence in August 2018.
- The construction period will be 18 months until February 2020.
The scope of the project will not only include the reconstruction of the roads surface but also the widening of the road to 13.4m surfaced width, the construction of climbing lanes, improving of intersections and the repair and construction of culvert and inlet and outlet structures.
More progress information will be provided as we move closer to the construction period.
Tip: if you are a regular user of the road, take the time now to investigate the use of an alternative route during the construction period as possible road closures and congestion will happen during the building operations.
No automatic alt text available."

Perhaps the councillor, Johan, from the group can assist with the process of claiming.

 

[ShaunB]

Good luck.

Lodged a claim 6 years ago, it still shows 'Pending until further investigation'. You will have better luck and results claiming through your insurance.

Or take out a streamline policy, claim for rim refurb to the value of 3k and then cancel policy.

 

[Coisman]

Winny M. Maluleke
Administrative Officer : Claims Department

Group Legal Services | 13th Floor | Room 1302 |Saambou Building|
227 Thabo Sehume Street Pretoria | PO Box 440 | 0001 |
www.tshwane.gov.za
Tel: 012 358 7513/ 5950| Email: [email protected]



Lesiba Daniel Molekoa
Legal Advisor

Group Legal Services | 13th Floor | Room 1307 | Saambou Building |
227 Thabo Sehume Street Pretoria | PO Box 440 | 0001 | www.tshwane.gov.za

Tel: 012 358 1412 | Email: [email protected]

---

Good luck.

Lodged a claim 6 years ago, it still shows 'Pending until further investigation'. You will have better luck and results claiming through your insurance.

Or take out a streamline policy, claim for rim refurb to the value of 3k and then cancel policy.

Tshwane took 4 months to settle my claim and pay it out.

 

[Zound]

After some recent discussion with some community members, I have been informed that the road in question (M57 - Goedehoop) is owned/maintained by the GAUTENG PROVINCIAL ADMINISTRATION, and not the Tshwane Municiplaity.

Nonetheless, I have not received a response this week from Winny Maluleke or Lesiba Molekoa.

Has anybody dealt with the Gauteng Provincial Administration before regarding pothole damage claims?

 

[RAArmstrong]

You wasting your time dude. Just claim it through your insurance

 

[cOlDFuSiOn]

Bud this is not worth it.
You are just going to upset yourself as you will not get anywhere,, claim from insurance.

 

[MikeR]

:dunnoanymore: I agree with the above guys - you will not have any luck with your claims - I have tried a few times also. :thumbdo:

 

[Zound]

It's more a matter of principle than the financial recoup. I've already purchased new tyres and fitted them to my car, but out of my pocket, as I don't want to waste my no claim bonus for such a minor claim.
Anyway, I'll be struggling through. I'll let you know if I have any success.

 

[MR_Y]

It's more a matter of principle than the financial recoup. I've already purchased new tyres and fitted them to my car, but out of my pocket, as I don't want to waste my no claim bonus for such a minor claim.
Anyway, I'll be struggling through. I'll let you know if I have any success.

Ignore the other comments here to claim from your insurance.
Only claim if you are in dire financial difficulty.

I claimed from from JRA (I admit, not the same agency that you would need to apply to, but the process should not be worlds apart).

This is my experience in Feb 2017:

You need the following supporting documentation when claiming:

1.) Police affidavit
2.) Copy of driver’s license of the claimant (in case of vehicle damage)
3.) Vehicle registration documents (in case of vehicle damage)
4.) Copy of ID
5.) Photos of the damage to the car (in case of vehicle damage)
6.) 3 Quotations or invoice/proof of pay
7.) Letter from insurance company confirming that the claim was not logged to own insurance/Affidavit of noninsurance.
8.) Doctors report if there is personal injury

On sending this info, you will get a reference email.
After they do their investigation, they pass it on to their insurers (for JRA, it is Aon) who have another process.
The trick is to email them every 2nd week and CC both the JRA and Aon contacts.
If you get no reply, then phone Aon (or whoever is the road agency's designated insurer) and ask for a reference number.
After following the above, I finally received a 100% payout on both my tyres (the damaged tyre and the opposing tyre, since I had to replace both because of tread wear).
Persistence and having all your facts in order are the main factors in getting a claim paid.
I submitted the claim in Jan 2017 and got paid out in March 2017.

On another note, I also claimed twice for freezer spoils as a result of prolonged power failures from City Power and Eskom. I did not have to claim anything from my insurer. However, on the 2nd power claim, I had to resort to Facebook and Twitter to raise the issue with Aon (also the insurer for City Power) to expedite the process.

Bottom line - never give up.

We already tolerate too much crap (and pay way too much tax) in this country, so invest the time in getting what is rightfully due to you!

 

[Coisman]

It's more a matter of principle than the financial recoup. I've already purchased new tyres and fitted them to my car, but out of my pocket, as I don't want to waste my no claim bonus for such a minor claim.
Anyway, I'll be struggling through. I'll let you know if I have any success.

Just contact the people who's details I've already posted here.
When I hit the roadworks and blew 2 tyres it happened on a Saturday. I also went ahead and replaced the tyres and 1 rim and submitted the claim to Tshwane the Monday.
Yes it takes a few months, but I got all my money back.

 

[Zound]

Okay so I tried to contact the representatives identified by Coisman, but it seems to be that they no longer work there after not receiving any response from them.

I contacted the Tshwane switchboard and was transferred to an agent for public liability claims. I was told to send an email to [email protected] and request a claims form.

I have received the claims form from one of their agents. Here is a link to the file to speed up the process: Tshwane - Pothole Damage Claims Form

The requirements are as follows:
1) Copy of the identity document of the owner of property/ vehicle;
2) Three detailed quotations or the detailed repairer’s invoice relating to the damages; In case the item is damaged beyond economical repair, a letter from the relevant expert confirming this;
3) Copy of your utility bill (rates and lights account)
4) An affidavit from the Police Station;
5) Photos the pothole, manhole or object that caused damage to the vehicle – photo must also show the location/vicinity/area;
6) Letter from the insurance confirming that you/insured did not lodge a claim. If you are not insured, an affidavit confirming that the damaged property was not insured.

The form must be submitted back to [email protected] with all the required documents attached.

I'll keep you updated on my experience of the process as things proceed.

 

[Stompie]

Although not Tswane, I just completed a claim for pothole damage in Ekurhuleni and took about 6 weeks. Waiting for my Cheque so that i can collect, should be this week or next week.

The guy Simon that handled the claim at the germiston branch was very helpfull and kept me informed on everything.

Its a moerse schlep to fill in all the docs, take photos, affidavid ect but after that you should get some feedback.

Im getting paid back exactly the amounts for the tyre invoice and the one of the quotes to straighten the wheel.

 

[cotzo]

+1

Had a similar incident earlier this year somewhere in centurion and had to replace my rear tyre. Didn't know that you can claim from Tshwane. Thanks for the info, now I know better.

Keep us posted on how long it took for the whole process for future incidents.

 

[MikeR]

Okay so I tried to contact the representatives identified by Coisman, but it seems to be that they no longer work there after not receiving any response from them.

I contacted the Tshwane switchboard and was transferred to an agent for public liability claims. I was told to send an email to [email protected] and request a claims form.

I have received the claims form from one of their agents. Here is a link to the file to speed up the process: Tshwane - Pothole Damage Claims Form

The requirements are as follows:
1) Copy of the identity document of the owner of property/ vehicle;
2) Three detailed quotations or the detailed repairer’s invoice relating to the damages; In case the item is damaged beyond economical repair, a letter from the relevant expert confirming this;
3) Copy of your utility bill (rates and lights account)
4) An affidavit from the Police Station;
5) Photos the pothole, manhole or object that caused damage to the vehicle – photo must also show the location/vicinity/area;
6) Letter from the insurance confirming that you/insured did not lodge a claim. If you are not insured, an affidavit confirming that the damaged property was not insured.

The form must be submitted back to [email protected] with all the required documents attached.

I'll keep you updated on my experience of the process as things proceed.

see they are cleaver with this (highlighted) - but your excess can amount to as much of the cost to repair so its almost pointless claiming from insurance, they are bloody criminals as far as Im concerned - we pay road tax and still insurance, the only guys that benifit are the ones who dont pay insurance....:rage: