Motorists’ attempts to claim compensation for damage suffered to their cars on Northland’s pothole-ridden state highways have been futile. Photo / Michael Cunningham
Motorists’ attempts to claim compensation for damage suffered to their cars on Northland’spothole-ridden state highways have proved futile as calls for accountability grow.
Figures obtained by the Advocate under the Official Information Act show no claims for vehicle damage have been accepted or paid outby Waka Kotahi NZ Transport Agency at all over the last three years.
Only a minuscule number of claims have been accepted by roading contractor Fulton Hogan.
The Government roading agency said its systems are “unable to show how many claims were declined”.
In 2021, no claims were accepted or paid out by Fulton Hogan, and 19 were declined.
In 2022, seven claims were accepted, amounting to $11,110 being paid out, and 69 claims were declined.
Up to September 2023, no claims have been accepted, and 129 have been declined.
Greg from Ruakākā had his claims to Waka Kotahi and Fulton Hogan declined after his limited-edition Holden Commodore ute copped extensive paint damage on SH1 between Mata and Ruakākā earlier this year.
Greg, who didn’t want his surname published, said he had to get a full repaint of every panel and the windscreen fixed, costing $16,000 after a truck and trailer unit coming the other way sprayed his car with loose chip seal.
“I slowed down but he didn’t and I got hammered by stones.
“It was a wall of stones coming at me, bouncing along the road on both sides.
“My insurance is covering it, but I really object to being out of pocket [by paying the $600 excess] for something that I had absolutely no control over, and my premium increasing.”
After lodging a claim with Waka Kotahi, then “a few months of me chasing them up”, Greg was referred to Fulton Hogan.
“Fulton Hogan have declined my claim for compensation as well,” he said.
“There seems to be no duty of care.
“They can’t keep blaming the weather as some of our roads have been in this state for the last few years.
“Everyone’s just ducking and diving and not accepting any responsibility for it.”
Chris O’Brien from Kerikeri also tried to claim - to no avail - for damage to his car after hitting two potholes during the same trip last November.
One pothole was on SH10 near Kerikeri and the other on SH1 near Hikurangi.
“On both occasions, I got out of the car to see the damage, but none was visible, so drove on feeling very relieved,” O’Brien said.
“Three weeks later I failed my WoF due to serious damage to the suspension arms and wheel rims ‘entirely consistent with driving into a pothole’, said the WoF inspector.”
With the repairs costing more than $800, O’Brien wrote to Waka Kotahi to request compensation. That was more than 10 months ago.
“I got an automatic reply to say they would respond within 15 days.
“After a further fortnight, I tried to chase up my claim only to be told that ‘further efforts to get a response would likely put me further back in the queue’.
“So I just sat back and waited for something to happen.
“Six months later I sent them a reminder... the reply: ‘you can expect a response within 15 days’.”
Unperturbed, O’Brien wrote yet another reminder in July and was told his claim had been referred to the Northland regional office.
“Is the Northland regional office just another term for the rubbish bin?” he said.
“It seems like there are many people out there with a similar story to tell. It seems like no one really cares.”
Waka Kotahi acknowledged in a statement it has “a duty to take reasonable care to prevent foreseeable incidents on the state highway network” but that “from time to time, accidents can happen”.
Waka Kotahi urged motorists to contact their insurer when any damage had occurred before filling out the “request for compensation” form on their website.
Maintenance and operations senior manager Wayne Oldfield said complaints that claim road condition has caused damage to a vehicle are assessed on a case-by-case basis.
“Waka Kotahi and our contractors investigate to see if there are any grounds which mean further action by Waka Kotahi or our contractor is warranted,” Oldfield said.
“We can’t prevent all issues from occurring and need to prioritise our maintenance work on the state highway network.
“We undertake remedial work once we or our contractors learn of a defect on the road.”
Fulton Hogan infrastructure services chief operating officer Simon Dyne “strongly recommended” anyone affected to contact their own insurer in the first instance, who would outline the next steps and process.
“Where appropriate, the insurer will contact Fulton Hogan or Waka Kotahi.
“The circumstances of each claim submitted... are carefully investigated with our insurance partners to determine liability,” Dyne said.
“Once liability is determined, the claimant and/or their insurer will be advised of the outcome.”
Their car was so badly damaged when Gaudin drove into a cluster of potholes on SH10 near Kerikeri that it was no longer deemed roadworthy.
Jenny Ling is a news reporter and features writer for the Northern Advocate. She has a special interest in covering health, food, lifestyle, business and animal welfare issues.