While Council will do its best to ensure roadways are serviceable, it is not always possible particularly during periods of adverse weather.

Roads Authorities including Councils, cannot be held liable for everything that happens on their roads. It is extremely rare for Councils to be liable to pay for damage caused as a result of colliding with a pothole.

The following information will assist in understanding the reasons why claims will usually not be paid:

  • The main obligation is on the road user to drive/ride to the conditions and keep a look out.
  • Potholes are generally caused by a combination of weather and heavy traffic.
  • Council has immunity under legislation for claims arising in circumstances where Council had no actual knowledge of the pothole or lacked the resources to repair the pothole quickly and/or permanently.
  • Potholes cannot be permanently repaired when they are wet as the road base needs to be completely dry.
  • Negligence needs to be established in order for a claim to succeed.
  • The onus of establishing negligence rests with the person making the claim.
  • The onus of proving the cost is also upon the claimant.

We understand the current frustration of drivers, using local roads. But it's going to take some time to fix the roads, given we have had two years of unprecedented rainfall. This is currently the case throughout much of NSW, where many councils are dealing with extensive damage to their road networks. 

We urge drivers to drive to the conditions and keep a look out.

If you still wish to proceed with a claim, please fill out the form below and email it to Council at council@bmcc.nsw.gov.au

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