NOTE: Council does not pay claims for pot hole damage.
This is because of the following:
1. The Civil Liabilities Act (NSW) contains specific provisions which mean councils are not liable for situations like damage from pot holes. The is because councils have extensive road systems and it is not possible for councils to know where pot holes have developed at any given time. That does not mean that council does nothing. We do conduct road patrols and we do make road repairs, within the limitations of the resources we have, the weather conditions and the state of the roads.
2. Even if we knew about the pot hole which damaged your car, that would not make us automatically liable. The Civil Liabilities Act (NSW) recognises that our resources and other financial challenges may still not permit us to immediately fix the pot hole or replace the road surface. We are highly dependent upon State and Federal funding for the replacement of road surfaces and it is they who decide which road surfaces should be replaced, and when.
3. Weather increases the problem and often, our repair crews are unable to keep up with the amount of repairs needed. Also, damaged road surfaces which are repaired are very susceptible to repeated failures and it is only the replacement of the road surface which will fix that problem which brings us back to the issue of funding. So, Council, within the limitations of its abilities to repair road surfaces, cannot be held responsible and is not liable for the damage to your vehicle.
But if you want to make a claim anyway… This does not mean your claim will be approved. But if you wish to take this further we suggest you get legal advice, or follow the steps set out below.
Note: Council will not accept claims by email.
1. Access a claim form here(DOCX, 22KB)
2. Print it off and read the instructions before completing the claim form. If you don’t have a printer write to the address below and we will post you a claim form.
Insurance
Blacktown City Council
PO Box 63
BLACKTOWN NSW 2148
3. Post your claim to:
Insurance
Blacktown City Council
PO Box 63
Blacktown NSW 2148
Please note that we do not accept claims sent in by email as it is not an effective way to clarify complex information.
4. Note that it can take up to 6 weeks to process your claim so please don’t contact us before that time to see how your claim is going.