Pothole and road defect claims
Council maintains 2,445km of road network, both sealed and unseal – the equivalent distance from Sydney to Cairns.
Council’s Roads Team works hard to ensure our network is in the best possible condition, however traffic movements and environmental factors, particularly during periods of adverse weather, present major challenges on such an extensive network.
If you’re aware of road damage, including potholes, please report it immediately to Council by phone, email or lodging a Report a problem request on Council’s website. It takes just a few minutes to do this and will ensure it is registered as an action item for Council.
Roads authorities including councils, cannot be held liable for all incidents that occur on a road network. It is extremely rare for councils to be liable to pay for damage caused as a result of colliding with a pothole.
Why is it challenging to make a claim against Council for damage caused by a pothole?
- The main obligation is on the road user to drive/ride to the conditions and keep a look out
- Potholes are generally caused by a combination of weather and heavy traffic
- Council has immunity under legislation for claims arising in circumstances where Council had no actual knowledge of the pothole or lacked the resources to repair the pothole quickly and/or permanently
- Potholes cannot be permanently repaired when they are wet as the road base needs to be completely dry
- Negligence needs to be established in order for a claim to succeed
- The onus of establishing negligence rests with the person making the claim
- The onus of proving the cost is also upon the claimant.
If you still wish to proceed with a claim, please complete the below form.