Complete our Injury or Damage Claim formbelow if you have been injured or damage has occured as a result of Council. If you’re not sure whether you can make a claim you should consider obtaining professional legal advice.
If your vehicle has been damaged and you wish to lodge a claim, you are welcome to submit an Injury or Damage Claim Form. However, it is important to note that the submission of a claim does not imply liability on the part of Council. Each claim is reviewed on its individual merits and in accordance with the applicable legislation.
When submitting a claim, include as much supporting information as possible, such as photographs of the damage, details of the location, and repair invoices. The claim form and instructions can be found on our website.
The Civil Liability Act 2002 (NSW) acknowledges the significant resource and operational constraints faced by councils in managing extensive road networks. Councils are not expected to monitor or repair every section of the road network immediately or to prevent all potential hazards from developing.
While Wollondilly Council carries out regular inspections and maintenance, prioritising urgent safety concerns may influence when repairs are undertaken. Severe weather events, like the prolonged and unprecedented rainfall in recent years, have further impacted the condition of roads and repair schedules.
Council appreciates the community’s assistance in identifying road hazards. Reporting potholes enables us to plan maintenance effectively within our available resources.
Wollondilly Council is committed to maintaining a safe and functional road network, and the scale of our responsibilities and external factors such as weather conditions present ongoing challenges. This information explains how road maintenance is managed and why claims for damage caused by potholes are rarely successful.
Many roads in the Wollondilly area are managed by other authorities, such as Transport for NSW. Incidents on these roads should be referred to the relevant authority. Additionally, your insurance provider may be able to assist in resolving any claims related to vehicle damage.
Council remains committed to maintaining and improving our road network within the limits of our resources and responsibilities.
All potential claims will be considered on a Without Prejudice basis. Generally we will only accept liability where it can be proved that we knew there was a problem and were negligent in dealing with it. When claiming for damage caused by conditions of Council property such as a pothole we will investigate it further. We will determine if there was a prior knowledge of the damage and if there was a reasonable amount of time to rectify it. Please refer to the Civil Liabilities Act 2002, Section 42 to 45 to assist you in understanding what is considered reasonable.
Wollondilly Shire Council acknowledges the Dharawal and Gundungurra peoples as the Traditional Custodians of the land, honouring their enduring cultural and spiritual connection to Country and recognising their ongoing contribution to the Shire.
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