Potholes can only be repaired during dry conditions. This poses a challenge to road authorities with the persistent wet weather conditions we continue to experience. With the ongoing high volume of pothole repair requests, Council Officers are triaging requests to prioritise and manage accordingly. We appreciate your patience and understanding.
Damages caused by potholes
All local roads in Sutherland Shire are managed and maintained by us with the exception of declared Main Roads that are the direct responsibility of the Roads and Maritime Services (RMS).
When dealing with claims in relation to potholes, we have certain protections from liability under the NSW Civil Liability Act 2002. This means that we may not be liable for damages resulting from potholes and other road hazards unless we were aware of the risk and had not addressed the issue within the limits of our resources, and acted negligently.
Before making a claim
If your vehicle or other property is damaged resulting from a pothole, we recommend you firstly contact your own insurer for a property or motor vehicle claim.
Your insurer may consider seeking recovery against us. Please note that this option may result in an initial up-front payment to your insurer for the applicable excess. In general, insurance companies will pursue us for reimbursement where they consider us to be liable. In such cases, the excess amount may be waived. You should discuss this with your insurer prior to lodging a claim with us.
We recommend that you seek professional legal advice if you are unsure about whether you are able to claim for your loss or damage and/or contact your insurer.
Making a claim
If you wish to make a claim against us, please complete and submit a Claim for Compensation form including documented evidence or proof to support your claim. This may include photos of the alleged incident/accident.
After you have submitted a claim
All claims are managed by our external insurance managers on our behalf. You will be contacted in writing to acknowledge your claim by either us directly or our representative. Once the claim has been investigated and a decision has been made, you will be advised of the outcome in writing.
The process of investigation and determination can take time. Obtaining information from third parties, contractors or witnesses can be time consuming and claims resulting from negligence are often complicated. We ask for your patience and co-operation during this time.
Please note: Completion and acceptance of your ‘Claim for Compensation’ form does not represent an admission of liability or a waiver of our rights.