How to make a pothole damage claim

Hit a pothole hard enough and you can be looking at a new tyre, a bent rim or a wheel alignment within minutes. Whether you can get that money back depends on who manages the road, what they knew about the pothole, and which state you're in. This guide explains how pothole damage claims work in Australia, what evidence to collect, and how to put your claim in writing.

What to do straight after it happens

1. Pull over safely. Don't stop in a live traffic lane to photograph the pothole. Your safety comes first.
2. Note the exact location. Road name, direction of travel, lane, nearest cross street or street number, and the time. Drop a pin on your phone's map.
3. Photograph the damage to your car, and the pothole itself if you can do it safely later. A shoe or coin in the frame shows the size.
4. Report the pothole to the road authority straight away and get a reference number. This helps the next driver, and it records when the authority was told.
5. Keep every receipt: towing, tyres, repairs, and quotes. Many authorities ask for two quotes or a tax invoice.

Who to claim from: council or state?

You claim from the authority that manages that stretch of road. As a general rule, councils manage local and residential streets, and the state road authority manages freeways, highways and major arterial roads. But there are exceptions, so check before you lodge.

• Victoria: the Department of Transport and Planning (DTP) manages freeways and arterial roads, and councils manage local roads. The DTP publishes an interactive map of the roads it manages on its notice of incident and claim page.
• New South Wales: Transport for NSW manages state roads, and councils manage local and most regional roads. You can lodge a public liability claim with Transport for NSW through Service NSW for state roads.
• Queensland: the Department of Transport and Main Roads manages state-controlled roads, and councils manage local roads.
• Other states and territories: the state road authority manages the main roads and councils manage the rest. In the ACT, the ACT Government manages all roads.

For council roads, look on the council's website for "insurance claims", "public liability claim" or "vehicle damage claim". Many councils have their own claim form. You can find your council's contact details and postal address in our council directory.

Will your claim succeed? The honest answer

Many pothole claims are rejected, and it helps to understand why before you start. Road authorities manage thousands of kilometres of road and can't fix every pothole the moment it appears. The law in most states reflects that.

NSW: did they know about it?

Under section 45 of the Civil Liability Act 2002, a roads authority is generally not liable for harm from a failure to carry out road work unless it had actual knowledge of the particular risk. In practice, a claim is much stronger if the pothole had already been reported and wasn't fixed. Transport for NSW says the same on its claims page. Queensland, Western Australia, South Australia and Tasmania have similar protections for road authorities in their own civil liability laws.

Victoria: the road management plan and the threshold

Victoria's Road Management Act 2004 works differently. Each road authority has a road management plan that sets how often roads are inspected and how quickly different defects must be repaired. A claim generally turns on whether the authority met those standards. Two rules matter:

• 30-day notice. If you intend to claim for property damage, give the road authority written notice of the incident within 30 days.
• The threshold. Property damage claims are subject to a threshold, which the Victorian Government lists as $1,681 for 2026/27, indexed each year. Damage at or below the threshold isn't compensated, and where compensation is payable it is reduced by the threshold amount. So a $1,200 tyre and rim won't be covered, and a $2,500 repair would be reduced by the threshold.

The DTP's notice of incident and claim page has the current threshold and form for DTP roads. For council roads, contact the council.

What makes a claim stronger

• Evidence the pothole was reported before your incident, especially if it was a while before.
• Evidence it had been there a long time, such as dated street photos or statements from locals.
• A pothole that had been "repaired" and failed again, which may point to poor workmanship.
• Clear photos, exact location, and quotes or invoices that match the damage.

You can ask the authority for its records of inspections and earlier complaints about that section of road. If it won't provide them, you may be able to request them under your state's freedom of information or right to information law.

How to lodge your claim

If the authority has a claim form, use it: it tells you exactly what they need. If it doesn't, or you want to give notice quickly while you gather quotes, a clear letter works. Include:

• the date, time, road, direction of travel, lane and nearest cross street,
• your vehicle's make, model and registration,
• what happened and what was damaged,
• photos of the pothole and the damage,
• two repair quotes or a tax invoice, and
• any reference number from your report of the pothole.

Keep a copy of everything you send and note the date. Transport for NSW says claims can take six weeks or longer to process, and other authorities vary, so follow up in writing if you don't get an acknowledgement.

The letter doesn't replace a required claim form, but it's a good way to give formal written notice and set out the facts. If you post it with Better Letters, you'll have a dated record of when it was sent. If you want to include your photos and quotes in the same envelope, download the PDF free and post it yourself.

If your claim is rejected

1. Ask for reasons in writing if they weren't given, and for any inspection records and earlier reports about that pothole.
2. Ask for a review. Explain why you think the decision is wrong, such as the pothole having been reported weeks before your incident.
3. Complain to the ombudsman if the authority didn't handle your claim properly (for example, it ignored you or gave no reasons). The ombudsman looks at process and fairness; it generally won't decide whether the authority is legally liable. See how to complain to council for the ombudsman in your state.
4. Consider a tribunal or court for the legal question of liability. Small claims usually go to your state's civil tribunal or local court. Get advice first on whether it's worth it for the amount involved.

When the whole road is the problem

If a road keeps breaking up, one claim won't fix it. Get neighbours to report each pothole, keep a dated photo log, and write to your local councillor, or to your state MP for a state road. Our guide to getting council to fix a local problem covers these tactics, with templates.