If your vehicle or other property is damaged, we recommend you firstly contact your own insurer for a motor vehicle or property claim.
Please read the below information and if you wish to proceed with a claim against Council for loss or damage arising from the reported incident, complete the below compensation claim form and provide all relevant documentation requested on the form.
You completing and us accepting the form is not an admission of our liability and does not waive our rights.
All claims will be considered on a Without Prejudice basis. Generally Council will only accept liability where negligence has been proven.
Notice to Potential Claimants
Before Council is obliged to pay compensation for any injury, loss or damaged suffered, claimants must prove that the injury, loss or damage was caused through negligence on the part of the Council.
Personal Injury: When claiming for personal injury, you may be asked to provide copies of medical reports, details of the treatment you have received and evidence on how Council was at fault.
Property: If your property, including your vehicle, is damaged, it is recommended you report it to your insurer first. 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.
When claiming for damage caused by conditions of Council property, such as a pothole, Council will investigate further. Council will determine if there was prior knowledge of the defect and if it has had a reasonable amount of time to rectify. Please refer to the Civil Liabilities Act 2002, Sections 42 to 45, to assist you in understanding what is considered reasonable.
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.
Submitting a Claim
If you wish to make a claim against us, please complete the below compensation claim form and provide all relevant documentation requested on the form. You completing and us accepting the form is not an admission of our liability and does not waive our rights.
Managing your Claim
Claims are assessed internally and where appropriate, are referred to our external insurance managers to act on our behalf.
Once we receive your compensation claim and we’ve completed our investigation, a decision will be made to accept or decline your claim based on relevant legal principles. In some circumstances, we may determine we are not the proper respondent to your claim. In this instance we may redirect you to the appropriate authority.
If we decide we are responsible for any loss or damage, we may offer compensation to you based on the evidence of loss or damage that has been sustained. For this reason, it is important to maintain relevant quotes, invoices and other documents confirming all expenses paid in response to the damage or loss suffered.
If we decide we are not responsible for your alleged loss or damage, we will decline your claim. For Council to reconsider its decision you will need to provide additional evidence or supporting documentation for consideration. Please provide any such information to insurance@ssc.nsw.gov.au quoting your Claim Reference Number. Alternatively, you can contact the New South Wales Ombudsman or seek legal advice.
Timeframe
The process of review and determination can take some time.
Sometimes there are delays in obtaining information which is beyond our control (i.e. information required from third parties, contractors or witnesses). Our external insurance managers respond to claims as quickly as possible, but claims resulting from negligence are often complicated and time consuming.
