Claim for compensation

The claim will take a minimum of 4-6 weeks from the date of lodgement to the date of completion in which a letter will be sent to you advising of Council’s finding in regards to liability, and if your claim will be settled by Council.

In some situations, your loss or damage may be covered by your own insurance e.g. car, buildings or contents Insurance which will not involve the waiting period mentioned above. It may be advisable to have a conversation with your insurer prior to lodgement.

To determine how the incident occurred, Council may:

• obtain information from Council records, policies and procedures,
• attend the location to carry out an investigation if deemed necessary,
• speak to relevant staff,
• seek advice from its PL Insurer, and/or
• review the evidence provided to Council with the compensation claim at time of lodgement.

Each claim is assessed on its own individual merits.

Providing the exact location of the incident is pivotal to the investigation process. If Council is not provided with accurate information, it will affect the outcome of the investigation and any decisions made with regards to liability arising from this information.

It is important to note that the onus is on the claimant to provide this information. Failure to do so may result in the claim being declined.

• Photos:
• • Incident location – The photo should not just be of the defect, please also provide photos of the defect in the surrounding environment, i.e. street view if it’s a road or footpath defect (both directions).
  • Damage to property.
  • Cause of the defect e.g. tree roots, trees, travel of water from burst water mains, etc.
  • If possible, the photos should be date stamped (metadata).
• Maps of incident location with the incident location marked 
• Diagrams – These are helpful in the event of a fall to pinpoint the exact trip location
• Coordinates of incident
• Reports (engineer or building)
• Quotations
• Invoices
• Receipts
• Witness Statements
• Doctors Certificates
• Medical Reports
• Payslips
• Financial information from an accountant if loss of business
• Any other information you feel will support your claim

Council understands the urgency of getting your vehicle back on the road. Providing you supply Council with photos to substantiate the damage you are claiming, repair of your vehicle will be at your discretion. Should your claim be declined, these costs will not be reimbursed to you.

Negligence is the failure to use reasonable care that a reasonable person would use in a similar situation, resulting in harm or damage to another person. To prove negligence in a legal context, a claimant typically must establish a duty of care was owed by the defendant, the defendant breached that duty, the breach caused the harm.

In order to succeed in your request for compensation, you will be required to establish that Council caused the alleged loss and/or damage through some form of negligence. The burden of providing proof of negligence rests with the person seeking compensation. This is achieved through providing supporting documentation with your claim.

Section 42 of the Civil Liability Act 2002 (NSW) in simple terms acknowledges that when a public authority (like a council or government agency) is being sued for negligence, its actions are limited by the actual money and resources it has available.

In essence, if a public authority is sued for allegedly failing to provide a service, the court will look at what the authority could realistically do given its limited budget and resources. It will not judge the authority on what it should have done without considering these practical limitations. 

A compensation claim can be declined on these grounds.

A Release is a legal document that brings closure to a legal disagreement by having the involved parties agree to a settlement. 

It is Council policy that the claimant signs a Release prior to a claim being settled. Once the signed Release has been received by Council, funds will be transferred into the nominated bank account via EFT. 

Email Council at governance@clarence.nsw.gov.au and request to have your claim reviewed. The request should include the reasons why you disagree with the decision to decline your claim and any additional evidence not previously provided to Council.

Should you still not agree with Council’s decision following the claim review, it will be necessary for you to obtain your own legal advice.