If you have been injured or your property damaged, and you believe it was caused as a result of Council’s negligence, you can submit a claim against Council for consideration.
Please ensure that you have reported the problem that caused the injury or damage to Council before you make a claim. This will initiate Council's investigation and ensure repairs are undertaken if necessary.
Council will only accept liability in cases where it can be proven that Council knew there was a problem and was negligent in dealing with it.
What is not claimable with Council keyboard_arrow_right
Council will consider your claim against the requirements of the New South Wales Civil Liability Act 2002 (CLA).The Act describes the principles in deciding whether a public or other authority has a duty or has breached a duty.
For Council to be held liable the incident that caused the alleged injury or property damage, must have been foreseeable and it must be shown that Council owed a duty of care and that the duty was breached, resulting in the alleged injury or property damage.
- The functions performed by Councils are limited by financial and other resources
- The general allocation of financial or other resources is not open to challenge
Council acknowledges that incidents occur and Council can be at fault. All claims against Council will be investigated and considered however, there are certain claims that Council will not accept, including:
- Damage to tyres and rims which result from normal wear and tear or modifications,
- Damage due to debris (if it occurs in the normal course of driving),
- Damage resulting from criminal actions,
- Damage resulting from extreme weather events,
- Matters already the subject of an insurance claim,
- Damage resulting from the actions of a third party.
Claiming Options keyboard_arrow_right
When deciding whether to make a claim, please consider the following options:
Claim against your own Insurance policy
It is recommended, in the first instance, to make a claim on your own insurance policy. If your insurer believes that Council is at fault they will consider seeking recovery against Council.
There may be an excess fee to be paid by the claimant and you should discuss this with your insurer.
Your insurer is more likely to pay your claim on a replacement new for old value whereas settlement by Council will be on an indemnity basis (current depreciated value).
Claim directly from Council
- Details of exact location, date and time of the incident and how the incident occurred,
- Photographs or video of the damage and what caused the incident, if available and safe to do so,
- Evidence that Council have been negligent in causing the incident to occur,
- Two quotes for the replacements or repair of the damaged item or alternatively receipts for expenses paid to date,
- Reports from relevant expert such as doctors, arborists, building professionals,
- Witness reports and contact details,
- Reference number from Council where you have reported the problem.
Claims against Council may include property damage, damage to motor vehicles, or personal injury.
Submitting a Claim keyboard_arrow_right