If your vehicle gets damaged by a pothole in Malaysia, can you sue the government?

In Malaysia, potholes can be a driver’s worst nightmare, often leading to significant vehicle damage and even personal injuries. Recent court cases highlight the possibilities for victims of pothole-related incidents to seek compensation from the government. One such case involved a victim who was awarded RM721,000 for damages and injuries incurred due to a pothole mishap. But can you sue the government if your vehicle gets damaged by a pothole? Let’s dive into the details.

Understanding the Legal Landscape

In Malaysia, public authorities are responsible for maintaining road conditions under the Road Traffic Act 1987 and various state laws. If a pothole damages your vehicle, you may have grounds to file a claim against the relevant government body, usually the local council or public works department. However, there are key legal principles to consider:

1. Negligence: To succeed in a claim, you must prove that the government agency was negligent. This means showing that:

   • The pothole constituted a hazard.
   • The agency was aware (or should have been aware) of the pothole's existence.
   • The agency failed to take reasonable steps to repair the pothole or to warn motorists about it.

2. Duty of Care: Government authorities have a legal obligation to ensure the safety of public roads. This duty includes regular inspections and timely repairs of hazardous conditions like potholes.

3. Causation: You must also demonstrate a direct link between the pothole and the damage incurred. This means showing that the pothole caused the vehicle damage or personal injury you are claiming.

Case Study: RM721,000 Pothole Award

The notable case where a victim was awarded RM721,000 demonstrates that the legal system can hold authorities accountable. This payout covered not only vehicle repairs but also medical expenses and other damages. The court’s decision emphasizes that road safety is paramount and that local councils must prioritize prompt repairs to ensure the safety of motorists.

Steps to Take if You’re a Victim

1. Document the Damage: Take clear photos of the pothole and any damage to your vehicle. Gather evidence, including receipts for repairs and medical bills.

2. Report the Incident: Notify the relevant authorities about the pothole. This establishes a record of their knowledge and inaction.

3. Consult a Lawyer: Seek legal advice to evaluate the strength of your case. A lawyer specializing in personal injury or civil claims can guide you through the process.

4. File a Claim: If advised, file a claim against the local authority. Be prepared for a lengthy process, as these claims can take time to resolve.

The Role of the Motorist App

Navigating vehicle-related issues in Malaysia can be daunting, but the Motorist App can be a valuable resource. The app provides tools for tracking vehicle traffic fines, selling vehicles, and more. With features designed to simplify your motoring experience, downloading the Motorist App could be your first step toward hassle-free vehicle management.

If you suffer damages due to a pothole, you may have a legitimate case against the government, especially with precedents like the RM721,000 award. By documenting the incident and seeking legal counsel, you can enhance your chances of receiving compensation. Don’t forget to download the Motorist App to stay informed and manage your vehicle-related concerns effectively.

Read More: The Motorist Guide on how to report potholes in Selangor

Download the Motorist App now. Designed by drivers for drivers, this all-in-one app lets you receive the latest traffic updates, gives you access to live traffic cameras, and helps you manage vehicle related matters.