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:
- 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.
- 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.