According to the claim rejection letter, issued by the EMM Insurance and Risk Section “the height of the pavement is not applicable, due to the fact that [the complainant] drove into it and for this reason the council cannot be held responsible”.
About three months ago, pensioner Adriaan Pretorius from Beyers Park accidentally drove into a raised pavement in an attempt to make space for passing vehicles, while his daughter opened the gate to the driveway.
The vehicle is not insured. The incident occurred in Williams Street.
“If the pavement was not raised due to the damaged and uneven road, the tyre would not have sustained any damage,” said Pretorius.
However, the letter does state that should Pretorius wish to appeal the outcome of the claim, to do so in writing and motivate extensively as to which factors he feels might have been omitted when considering the merits of his claim.
“Alternatively you are entitled to pursue any other legal avenues at your avail to further your claim,” read the letter.
Pretorius told the Advertiser that the road still has not been repaired.
The Advertiser has contacted the metro for comment, but has not yet received a response.
