What to Do After a Car Accident Caused by Potholes

Potholes are an unfortunate reality for many drivers in Malaysia. They can cause significant damage to vehicles and lead to accidents, leaving drivers frustrated and unsure of what to do next.

If you have ever hit a pothole and found yourself in a tricky situation, this guide is here to help you navigate the aftermath, from assessing damage to filing claims.

What is a pothole and what dangers can it pose to your vehicle?

Potholes form when water seeps into cracks in the road, freezes, and expands, causing the surface to break apart. This can lead to various types of damage to your vehicle, including car body damage, bent rims, tire punctures, steering system damage and suspension issues.

Between 2018 and 2020, the Selangor Police reported 222 accidents caused by poor road conditions, including potholes and damaged roads. The Selangor Traffic Investigation and Enforcement Department, noted that many of the accidents resulted in fatalities.

Immediate Steps to Take After an Accident

1. Assess the Situation: First and foremost, check for injuries. If you or any passengers are hurt, call for medical assistance immediately.
2. Document the Damage: Take clear photos of the pothole and the damage to your vehicle. This documentation will be crucial for any claims you may need to file.
3. Gather Evidence: If there are witnesses, collect their contact information. Their statements can support your case when reporting the incident.

Reporting the Incident

Once you have ensured everyone’s safety, it is time to report the pothole. Contact your local council or relevant government agency responsible for road maintenance:

Report potholes to Jabatan Kerja Raya or JKR

1. Go to Aduan JKR website at https://aduan.jkr.gov.my/
2. Click on ‘Daftar Aduan’ button
3. Submit your complaint details and attach the photos of potholes and damaged car.

Sistem Pengurusan Aduan Awam (SISPAA) JKR

1. Go to SISPAA JKR website at https://kkr.spab.gov.my/eApps/system/index.do
2. Click on Aduan/Maklum Balas Baru link
3. Fill in the complaint form and attach the photos of potholes and damaged car.

In Malaysia, this typically includes the Public Works Department (Jabatan Kerja Raya) and local councils like DBKL or MBPJ. Reporting the pothole not only helps you but also alerts authorities to a potential hazard for other drivers.

Legal Responsibilities Under the Road Traffic Act 1987

Under the Road Traffic Act 1987, public authorities, including the Road Transport Department (JPJ) and the Ministry of Transport, are responsible for maintaining safe road conditions.

Local authorities are tasked with addressing public complaints about potholes and ensuring that roads are properly maintained. If you experience damage due to a pothole, understanding these responsibilities can help you in your claims process.

Car Insurance Coverage for Pothole Damages

Many drivers are unaware that their comprehensive car insurance policies often cover damages caused by potholes, which should be filed under the Own Damage claims.

If your vehicle has sustained damage, follow these steps to file a car insurance claim:

1. Document the Damage: Use the photos you took earlier to provide evidence of the pothole and the resulting damage.
2. Contact Your Insurance Provider: Reach out to your insurer immediately. They will guide you through the claims process and inform you of any additional documentation needed.
3. Provide Necessary Evidence: Along with your photos, you may need to submit repair estimates and any medical expenses if injuries occur.

Potential Challenges

Your car insurance company may require proof of negligence or road maintenance issues. This is where your documentation of the pothole and any reports made to local authorities can be invaluable.

Filing a Car Insurance Claim for Damages

In addition to your insurance claim, you may also want to pursue a claim against the local authority responsible for the road. Here’s how to do it:

1. Understand Your Rights: Familiarize yourself with the legal framework for claiming damages due to pothole-related accidents.
2. Gather Documentation: Collect all necessary documents, including photos, repair bills, and medical expenses.
3. Contact the Relevant Government Body: Initiate the claim process with the local authority. Be prepared to prove that the pothole was a known hazard and that the authority failed to address it.

Prevention Measures

While it is impossible to eliminate potholes, there are steps you can take to minimise damage:

1. Regular Vehicle Maintenance: Keep your vehicle in good condition to withstand impacts from potholes. Regular checks on tires and suspension can help.
2. Driving Tips: Maintain a safe distance from other vehicles and stay alert for potholes, especially in poor weather conditions. The best is to use alternative routes to avoid the potholed roads entirely.
3. Community Involvement: Encourage others to report potholes and advocate for better road maintenance in your area.

What You Should Remember…

Dealing with pothole damage to your car can be frustrating, but knowing the steps to take can make the process smoother. From assessing damage to filing car insurance claims, being informed empowers you to protect yourself and your vehicle. Remember, you are not alone—many drivers face similar challenges, and taking proactive measures can help improve road safety for everyone.

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