How to File a Pothole Damage Claim with VicRoads (and What to Expect)

Every Gippsland driver knows the frustration of dodging potholes on poorly maintained roads. But many aren’t aware that it’s possible—albeit challenging—to claim compensation from VicRoads if a pothole damages your vehicle.

If you’ve ever wondered what’s covered, how to lodge a claim or what to expect, CPK McLaren can support your claim process and your pothole damage repairs.

Can You Really Claim for Pothole Damage in Victoria?

Under the Road Management Act 2004, VicRoads and local councils have a responsibility to maintain roads to reasonable standards. However, claiming compensation for vehicle damage caused by potholes isn’t straightforward.

VicRoads explicitly states it is not liable for damage unless it has been negligent – meaning it knew about the pothole and failed to repair it within a reasonable timeframe. Additionally, VicRoads will not consider claims below the threshold of $1,640 (as of the 2024/2025 financial year), and for claims above this, the initial $1,640 is excluded from compensation.

Step-by-Step Guide to Filing a VicRoads Claim

Step 1 – Identify Who Owns the Road

The first crucial step is identifying whether VicRoads or your local council maintains the road. VicRoads generally manages major arterial roads and highways, while smaller roads typically fall under council jurisdiction. To confirm responsibility, you can use the interactive map available on VicRoads’ website or directly inquire with your local council.

Step 2 – Gather Your Evidence

The success of your claim hinges on thorough evidence gathering. You should:

  • Photograph the Damage: Immediately document clear, high-quality photos of the pothole, the surrounding area, and your vehicle’s damage.
  • Record the Location: Provide precise details about where the incident occurred, including road names, nearby intersections, landmarks, or GPS coordinates.
  • Compile a Timeline: Record the exact date and time of the incident, weather conditions, and any contributing factors (such as poor visibility or traffic conditions).
  • Obtain Repair Quotes: Secure at least two itemised repair estimates from reputable repairers, clearly detailing the damage and costs involved.

Step 3 – Complete the Notice of Incident and Claim Form

Next, fill out VicRoads’ Notice of Incident and Claim Form. Ensure all sections are completed comprehensively. Clearly describe the incident, damages sustained, and your rationale for VicRoads’ negligence. Attach all the supporting evidence you’ve collected.

Step 4 – Submit the Claim to VicRoads

Send your completed claim form along with all necessary documentation to:

Customer Resolutions Roads
GPO Box 2392
Melbourne, VIC 3001
Australia

For added peace of mind, follow up by calling VicRoads at 13 11 70 to confirm receipt and discuss any further documentation required.

What Happens After You Lodge a Claim?

Once your claim has been submitted, VicRoads assigns a reference number and conducts a detailed assessment. This process involves reviewing road maintenance records, inspection logs, and evaluating your provided evidence. Be prepared for potential delays as VicRoads processes claims individually.

Typical outcomes include:

  • Claim Accepted: If VicRoads acknowledges negligence (rarely straightforward), you may receive partial compensation for damages exceeding $1,640.
  • Claim Rejected: Claims frequently get denied due to the stringent criteria, usually citing adequate maintenance or no prior knowledge of the pothole issue.

Understanding “reasonable maintenance” under the Road Management Act is critical. VicRoads must have had a reasonable opportunity to repair the pothole after becoming aware of it for liability to apply.

Claim Rejected? Here Are Your Alternatives

If your claim with VicRoads is unsuccessful, there are alternative routes:

  • Insurance Claims: Review your car insurance policy to determine if pothole damage is covered. However, weigh the costs, including your excess and potential premium increases.
  • Local Council Claims: If the road isn’t maintained by VicRoads, lodge a similar claim with your local council, adhering to their specific processes and forms.
  • Legal Advice: Consulting a legal professional could help clarify your options, especially if the damage is substantial.

How CPK McLaren Can Support Your Claim

At CPK McLaren, we understand the frustration and complexity of claiming pothole damage. Here’s how we make the process easier:

  • Free Vehicle Damage Assessments: Quickly diagnose issues to identify the full extent of the damage.
  • Detailed, Itemised Quotes: Our comprehensive repair quotes clearly outline damages and costs, providing strong support for your claim.
  • Insurance and Claims Paperwork Assistance: We offer experienced guidance to help streamline and simplify interactions with insurers or VicRoads.
  • Courtesy Vehicles: Minimise inconvenience while your vehicle is off the road with our courtesy cars.

By choosing CPK McLaren, Gippsland drivers receive professional support and peace of mind throughout the entire claims and repair process.

Final Thoughts

While claiming pothole damage from VicRoads is possible, it’s important to approach the process realistically. Success is achievable, but evidence, patience, and diligence are key. Early documentation and professional assessments greatly enhance your chance of a positive outcome.

For help navigating pothole claims or to arrange your free assessment, contact the team at CPK McLaren—we’re here to guide you every step of the way.

Book a Free Vehicle Assessment Today

Don’t wait until minor pothole damage escalates into costly repairs. Schedule your free vehicle inspection with CPK McLaren now and confidently manage your vehicle damage claim.

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