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Pothole claims: Drivers seek more than $4000 in compo for car damages

Author
Kiri Gillespie, NZ Herald,
Publish Date
Sat, 1 Oct 2022, 1:56pm
Photo / Andrew Warner
Photo / Andrew Warner

Pothole claims: Drivers seek more than $4000 in compo for car damages

Author
Kiri Gillespie, NZ Herald,
Publish Date
Sat, 1 Oct 2022, 1:56pm

More than $4000 has been sought in compensation by drivers who suffered damage to their vehicles because of potholes and uneven surfaces on state highways in the Bay of Plenty this year.

The $4069.54 is the culmination of 10 individual claims by drivers who sought costs from Waka Kotahi NZ Transport Agency to cover repairs for tyre damage and damaged exhaust brackets and underside of cars.

Waka Kotahi did not pay out any of the claims*.

The data comes after a "massive" pothole punctured the tyres of various vehicles traversing State Highway 29 over the Kaimai Range.

The claim details, obtained by the Bay of Plenty Times Weekend through the Official Information Act, showed a total of 35 people sought compensation between January and September. This was mostly for damage created by potholes on state highways in the region.

Other claims included someone who drove through flooding suffering flood damage, a sign blowing into a vehicle and causing car body damage, and a streetlight falling onto a vehicle.

The 35 included two ongoing cases, one in which $710 was claimed after someone drove over a pothole on State Highway in Rotorua. The second claim was also outstanding but no compensation has been offered at this stage.

The $710 claim was also the highest claim and was made to cover tyre damage.

Waka Kotahi national manager maintenance and operations Neil Walker said claims that a particular highway's condition caused damage to a vehicle were assessed on a case-by-case basis.

"There will be some situations where Waka Kotahi or its contractor takes responsibility and compensates the person concerned," Walker said.

"Claims will be declined if our investigation finds that there was no negligence by Waka Kotahi and its contractors, and therefore we are not liable for the damage."

A monthly breakdown of the compensation requests shows most requests were made in July with 13 claims. The second highest number of claims were made in August with six.

Walker said it was important to note July was the wettest July on record nationally.

A NIWA climate summary confirmed this, labelling the month as "extraordinarily wet" with "well above normal" rainfall. On July 25, Te Puke experienced its third-wettest day on record with 101mm of rainfall.

Walker said: "Waka Kotahi contractors nationally have been working around the clock to address the impact of the severe weather elements on the state highway network, such as slips, downed trees and potholes."

The high volume of rain had made the highways "a challenging environment, particularly regarding potholes", he said.

Contractors were often finding potholes that had been newly filled reappearing due to ongoing rain and the pumping action generated by vehicles that pass over them.

"While Waka Kotahi has an obligation to take reasonable care to maintain the state highway network in the best condition possible, we do not guarantee that the entire network will be in perfect condition at all times."

Walker said that generally once the agency or its contractors learn of a defect on the road, they respond within a "reasonable time period".

"Maintaining our roads safely is a top priority for Waka Kotahi, with $2.8 billion being invested to maintain and operate the state highway network... this includes an additional $400 million over the initial budget, targeted at pavement and surfacing renewals.

"In the 2021/22 financial year alone, more than 45,000 potholes were repaired across the 11,000km for New Zealand's state highway network."

This story and headline previously reported, incorrectly, Waka Kotahi NZ Transport Agency had paid out more than $4000 in compensation for pothole damage. The figure related to the compensation amount complainants had claimed from the agency - Waka Kotahi did not pay any compensation. All references to payouts in the story have been changed to refer to claims.

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