With recent wet weather around Victoria, road conditions have become particularly treacherous. Uneven surfaces, potholes and loose stones are present on many roads. Sometimes drivers can’t avoid the road hazards, and the worst examples can cause thousands of dollars’ worth of damage to cars. The
Road Management Act 2004 (Vic)
(‘the Act’) sets out the procedures for making claims against a road authority.
Before you claim
It’s not well-known that if your car suffers damage from the condition of the road surface, the responsible road authority isn’t liable for the first $1,460.00 (for financial year 2022-23) of any claim. This threshold amount is indexed yearly.
If the damage costs less than the threshold amount to fix, the responsible road authority doesn’t have to pay.
If the damage costs more than the threshold amount to fix, the amount you can claim is reduced by that amount. For example, if you have a claim in financial year 2022-23 of $1,461.00, the road authority is only liable to pay $1.00.
Before deciding if you should make a claim, consider whether you will obtain a worthwhile amount from the responsible road authority.
How do I find the responsible authority for my road?
Depending on which road you’re driving on, it could be the local council, VicRoads, or the toll road corporation responsible for maintaining the road surface.
For arterial roads and freeways, VicRoads is the responsible authority. The
Register of Public Roads (Part A) lists all roads that VicRoads is responsible for. An interactive map is also available on their website.
For toll roads, the responsible authority is the respective tolling corporation. For example, the EastLink Corporation is the responsible authority for the EastLink toll road.
For most other roads, the local council is the responsible authority.
How do I make a claim?
Under section 115 of the Act, anyone making a claim “in relation to an incident arising out of the condition of a public road or infrastructure … must give written notice of the incident to the responsible road authority” within 30 days. Section 115 also applies if you’re commencing proceedings in a court or tribunal.
Immediately after the incident, you should take as many details as possible about the road, the approximate location of the road damage, and the damage caused to your car. Photos, map coordinates and notes on the road’s direction of travel will greatly assist you or your lawyer in preparing your claim.
VicRoads and some toll road companies use a specified form called the “Notice of Incident and Claim” form. Attached to the form should be two quotes for the repairs to your car.
Some local councils don’t use a specified form. If this is the case, you should use the VicRoads “Notice of Incident and Claim” form as a guide on what you need to show in your document.
For more on how we can help, please contact
Hans Richmond, Solicitor, or
Nicola Drakeford, Partner on 1300 892 237
