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Woman's compensation quest for pothole damage reaches Minister's office

Author
Georgina Campbell, NZ Herald,
Publish Date
Thu, 21 Jul 2022, 10:55AM
 Photo / File
Photo / File

Woman's compensation quest for pothole damage reaches Minister's office

Author
Georgina Campbell, NZ Herald,
Publish Date
Thu, 21 Jul 2022, 10:55AM

A woman has tried in vain to get compensation for damage done to her car from a pothole on State Highway 2, with her claim even making it to the Transport Minister's office.

Details of the woman's quest have been released under the Official Information Act. Her name has been redacted.

The woman first contacted Waka Kotahi NZ Transport Agency via email in September 2021 to advise her car tyre was damaged when she hit potholes about five minutes north of Woodville.

She lost a hub cap and the car's wheel rim was bent.

The Waka Kotahi maintenance contractor for the region, Higgins, passed her claim on to a supervisor for further investigation.

A few days later the woman received a letter advising her claim had been declined.

The letter said Waka Kotahi's obligation to take reasonable care of the State Highway network was constrained by available funding and resources.

"We do our best, but do not guarantee that the entire network will be in perfect
condition at all times."

The letter said the agency was not notified about the pothole in question prior to a routine maintenance check on September 17.

Unfortunately for the woman, she encountered the pothole just one day before that check.

So, Waka Kotahi was not aware the pothole existed at the time of the incident.

"This means that the Agency is not liable for the damage to your vehicle, and there is no basis for the Agency to contribute to any costs of repair to your vehicle. We suggest you contact your vehicle insurance provider," the letter said.

The woman called Waka Kotahi's contact centre later that month to contest the decision and was advised to do so in writing.

Earlier this year the woman called a further two times asking for a review of the decision, arguing Waka Kotahi had not considered all factors.

Waka Kotahi local system manager Rob Service then called the woman to discuss the situation.

"His recollection of the phone call is that he explained that while he understood unhappiness at the length of time this process had taken, the claim had been re-investigated and the original decision to decline the claim had been upheld,' documents said.

Service told the woman she needed to lodge a claim with her insurance company if she wanted to pursue the matter.

The woman said the $500 excess on her insurance cover exceeded the $250 claim for repairs.

Service told the woman her insurance arrangements were a private matter and Waka Kotahi was not liable for the costs.

The documents show the woman also contacted Transport Minister Michael Wood's office about the matter.

His office asked Waka Kotahi to advise on the general legal liability for damages such as in this case.

Waka Kotahi said it has a duty of care to road users in how it built and maintained the state highway network, which meant a legal responsibility to make sure roads were safe and free from defects.

"The duty of care and legal responsibility depends on what is reasonable given the limited time and resources Waka Kotahi operates with. Waka Kotahi cannot prevent all issues from ever occurring and prioritises maintenance work on the state highway network based on data and modelling."

Once Waka Kotahi or its contractors learned of a defect on the road, standards and processes were in place to help fix it within a reasonable time period, the advice said.

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