Pothole and road defect claims
While Council will do its best to ensure roadways are serviceable, it is not always possible particularly during periods of adverse weather.
Blue Mountains City Council (BMCC) is sympathetic to anyone who is injured or experiences a loss.
However, the fact that an incident has occurred does not necessarily mean the organisation is liable and has to provide compensation.
In all cases proof supporting any allegation is required that the loss or damage claimed has been caused by negligence on our part and/or our employees or agents.
Please note: loss or damage resulting from an act of nature, such as wind or storm, is beyond our control. There are also times when injuries are sustained due to failure by an individual to take reasonable care to ensure their own wellbeing.
As establishing negligence can be time consuming and difficult, if you hold a policy of insurance i.e. motor vehicle or domestic insurance, you may wish to consider lodging a claim with your insurer as, in most cases, the onerous test of proving negligence is not required.
The process of investigation and determination can take 6 to 8 weeks. Sometimes there are delays in obtaining information which is beyond our control (i.e. information required from third parties, contractors or witnesses). We endeavour to respond to claims as quickly as possible; but claims brought in negligence are often complicated and we ask for your patience and co-operation during this time.
It is highly unlikely we will be liable to pay compensation in the following circumstances:
If you have not completed the request for compensation form with the appropriate supporting evidence
To use the PDF fillable forms, on PC or MAC: