South African roads have been deteriorating steadily. SANRAL estimates that the country now has more than 25 million potholes — up from 15 million in 2017. Every time you hit one and your tyre blows, your rim buckles, or your suspension takes a hit, real money is at stake. Many motorists simply absorb the cost without realising they may be entitled to recover it from the authority responsible for that road.
This article explains who is liable, how to build your claim, and what steps to take from the moment of impact to receiving payment.
A Common Misconception: The RAF Does Not Cover Vehicle Damage
The Road Accident Fund (RAF) is a no-fault compensation scheme that covers personal injuries sustained in motor vehicle accidents, not property or vehicle damage. If you were physically injured in a pothole-related accident, the RAF may be relevant, particularly if another driver’s negligence also contributed to the collision. However, for damage to your vehicle alone, your claim must go directly to the authority responsible for maintaining that road.
Who Is Responsible and Who Do You Claim From?
Liability depends entirely on where the pothole is located:
- National roads (N-routes)
Claim against SANRAL (the South African National Roads Agency Limited). This includes major routes such as the N1, N2, N3, N11, and N14. SANRAL typically holds its road-maintenance contractors responsible and processes claims accordingly.
- Municipal & urban roads
Claim against your local municipality. In Cape Town, this falls under the City of Cape Town; in Johannesburg, the Johannesburg Roads Agency (JRA); in Durban, eThekwini Municipality. Each has its own claims process.
- Regional & provincial roads
Claim against the relevant provincial Department of Public Works, Roads and Transport. In June 2025, the North West High Court ordered this department to pay over R26.6 million to a motorist paralysed in a pothole-related accident, illustrating that these claims are viable and significant.
- Not sure which road type?
Check the road number prefix: “N” roads are national (SANRAL); “R” roads are generally regional or provincial; unnumbered suburban streets are municipal. When in doubt, consult an attorney before submitting.
Building Your Claim: The Evidence You Need
The strength of your claim rests almost entirely on the quality of your evidence. The authority will require proof both that the pothole existed and caused your damage, and that it had failed in its duty to maintain the road. Gather the following as soon as possible after the incident:
- Photographs and video of the pothole— taken at the scene, showing the pothole’s size and depth, ideally with a common object (shoe, hand) for scale. Include a street sign or landmark in the frame to confirm the location. Modern smartphone GPS metadata can assist here.
- Photographs of your vehicle’s damage— tyres, rims, bodywork, undercarriage if accessible. Retain damaged components, such as burst tyres, for inspection by the authority or its assessor.
- Three independent repair quotes— and if repairs have already been completed, your paid invoice and proof of payment.
- A professional damage assessment report— from a qualified motor vehicle assessor confirming the cause and extent of the damage.
- An affidavit— a sworn statement describing the date, time, location, and circumstances of the incident. SANRAL also typically requires a separate declaration confirming you have not submitted the same claim to your insurer.
- Your identity document, driver’s licence, and vehicle registration documents.
- Proof of prior reporting— if the pothole had previously been reported to the municipality or SANRAL and was not repaired, this significantly strengthens your negligence argument. Screenshot any online report submissions and retain confirmation emails.
- Towing receipts and ancillary costs— if your vehicle had to be towed, keep receipts and include these in your claim.
The Legal Requirement: Proving Negligence
A pothole claim is a public liability claim grounded in negligence. You must establish three things: first, that the road authority owed a duty to maintain the road in a safe condition (this is established in law); second, that it breached that duty – typically by failing to repair a known hazard within a reasonable time; and third, that this breach directly caused your vehicle’s damage.
A prior report of the same pothole that went unrepaired is powerful evidence of a breach. Courts have consistently held local authorities liable where defects were known and ignored. South African courts, including in the Western Cape, have a record of upholding such claims against municipalities and road agencies.
South African courts have in recent years ordered municipalities and provincial departments to pay substantial sums in pothole-related matters. In one 2024 judgment, the City of Ekurhuleni was ordered to pay over R750,000 to the estate of a motorcyclist injured in 2010. In June 2025, a provincial department was ordered to pay R26.6 million to a motorist left paraplegic after a pothole accident.
How to Submit Your Claim
Each authority has its own submission procedure. The broad process is as follows:
- Obtain and complete the relevant authority’s Public Liability Claim form. These are available on the authority’s website, in person at their offices, or through your attorney.
- Submit by email and in person (hand-deliver and obtain a receipt). This creates a dated paper trail and protects you if the claim is later said not to have been received.
- Be mindful of prescription periods. The Prescription Act provides a general three-year period for delictual claims, but some municipalities impose shorter internal deadlines, often six months, for public liability submissions. Missing these deadlines may not extinguish your legal claim, but it complicates the process. Submit as soon as possible.
- Follow up persistently. Claims processing by public bodies can be slow due to limited resources and internal bureaucracy. Keep a record of all correspondence, reference numbers, and officials you speak with.
What About Your Insurer?
If you hold comprehensive vehicle insurance, check your policy first. Some comprehensive policies cover pothole damage; others exclude tyre and rim damage unless you have a specific tyre-and-rim add-on. If your insurer covers the loss, you may not also claim from the road authority for the same damage — duplicate claims are not permitted. You must choose one route. However, if your insurer covers only part of your loss, or if you are uninsured, a claim against the road authority remains open to you.
Weigh the options carefully. An insurer claim is typically faster and less administratively demanding; a municipal or SANRAL claim takes longer but does not affect your no-claim bonus and may be the only option if your policy does not cover the relevant damage.
When Should You Consult an Attorney?
Consider seeking legal advice if: your claim has been rejected or ignored after submission; the quantum of your damages is significant; you suffered both vehicle damage and personal injury in the same incident; or you are uncertain which authority is responsible. An attorney can assist with compiling evidence, engaging the authority on your behalf, and, if necessary, issuing a letter of demand or pursuing the claim through court.
Courts have shown a willingness to hold road authorities accountable where negligence is properly established. A rejected claim is not the end of the road.
While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.