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Claims

When a claim is made, Council will investigate the circumstances surrounding the incident to establish whether or not Council has any legal liability.  Completion and acceptance of the Claim for Compensation on-line form does not mean Council is liable.

Council will endeavour to respond to claims as quickly as possible. However, the processing of claims is dependent on the supply of relevant information.  Assessment of claims may take some time to complete.  Making claims against Council, the claimant has two options:

  1. Claimant, claims against their own insurance policy – property, motor vehicle or home and contents.  The claimant may lodge a claim under their own applicable insurance policy, following which the insurer may consider seeking recovery against Council.  There might be an excess fee to be paid by the claimant and they should discuss this with their insurer.
  2. Claim directly to Council – personal injury, property or motor vehicle claims.  If seeking compensation directly from Council for injury, loss or damage arising from an incident, claimants are asked to complete the online claim for compensation form or contact Council direct.  Provision of documentary evidence or proof is required to substantiate your claims.

Civil Liability Act 2002 (NSW)

In Dealing with claims, Council works within the framework of its legal obligations and responsibilities under the NSW Civil Liability Act 2002 Civil Liability Act 2002. The Act recognises that functions exercised by councils are limited by available financial and other resources.

For the purposes of context, Lithgow City Council local government area covers 886.648 square kilometres of road network (Sealed Roads 530.105km and Unsealed Roads 356.543km) and an extensive network of footpaths totalling 77.835km paved, concreted and hotmixed.  As such, it is not reasonably possible for Council to have knowledge of every actual or potential road, pothole, footpath or tree related imperfection, defect or hazard within its boundaries.  Council recommends you seek professional legal advice if you are unsure whether to claim for your loss or damage.

 

Compensation Claim Form

Type of claim

Select type of claim being made *

Type of compensation sought

Select type of compensation being sought *

Contact details

Title

Correspondence

Do you agree for all correspondence to be sent to you by email? *

Incident details

Time of incident
Did you contact Council staff at the time of the incident?

Compensation sought

Please also note that the request of this information must not be seen as an automatic acceptance of liability. All claims are assessed based on their own merit and any payments made will come from Council funds.
For property/vehicle damage claims, attach any supporting documentation to substantiate your loss.

Maximum file size: 10MB

Insurance details

Have you claimed against your insurer? *

Witness details

Did anyone witness the incident?
Please attach a witness statement. Note: Council will not contact the nominated witness should a statement not be attached. A decision will be made in the absence of such evidence

Maximum file size: 10MB

Evidence

Do you wish to attach evidence to this form?

Maximum file size: 10MB

Authority for an agent to act

Do you wish for a third party to act on your behalf in this claim?

Electronic confirmation

Council will investigate the circumstances surrounding your claim to establish whether or not Council has any legal liability. Completion and acceptance of this form does not represent an admission of liability or a waiver of its rights on the part of Council. Your claim will be subject to investigation and the findings assessed on their own merits. Council will endeavour to respond to claims as quickly as possible. However the processing of claims is dependent on the supply of relevant information and assessment of your claim may take some time to complete.
I confirm the information is correct *