City of Newcastle - Make a Claim

Make a Claim - Pothole

If your vehicle has been damaged by a pothole, you can lodge a claim with us.

Last updated on: 21 January 2026

In this article

Make a Claim - Pothole
How to make a claim
Important information and specific rules
Related articles
Raise a request
Next steps
Time frames

Make a Claim - Pothole

You can make a claim for compensation if you believe that we are legally responsible for damage to your vehicle, caused by a pothole or road failure.

How to make a claim

Please read all information before submitting your claim, incorrectly submitted forms will delay our ability to proceed with your claim.

Consider if you are eligible for compensation; you may wish to seek legal advice. We are not able to provide legal advice.
If you have insurance, you should contact your insurer first. If they believe we are at fault they will contact us.
Gather your evidence. You will need to substantiate the damage, loss, or injury that we are responsible for. Evidence might include quotes, photos, videos, reports, or witness statements.
Submit your claim online.

Important information and specific rules

Why we may not be responsible to pay compensation

We are complying with our statutory duties and responsibilities under relevant legislation the NSW Civil Liability Act 2002
You can't prove City of Newcastle was legally responsible for your loss
You haven't supplied enough evidence to substantiate your loss
The loss or damage was caused by an act of nature, such as a wind or storm which was beyond our control
The damage was caused by a tree shedding. This is considered a natural event, and beyond our control
The damage was caused by tree roots, and we were not previously aware of the problem.
The incident occurred on a road we do not manage, such as arterial or private access road
The damage, loss or injury was caused by a contractor acting on behalf of us, e.g., roadworks, or park maintenance. These claims should be submitted directly to the contractor.
The incident was caused by infrastructure belonging to utility companies, such as Telstra, Optus, NBN, water, power or gas companies. These claims should be submitted directly to the relevant company.
The responsibility for maintenance of your property lies with the property owner. Private property owners are responsible for the maintenance of stormwater systems, gutters, downpipes, gully pits, and other parts of drainage systems.

Damaged footpath or road

The legislation that applies to our responsibility for injury or damage resulting from the use of local roads, including footpaths within the road reserve, is the Civil Liability Act 2002 (NSW) (the Act). There are several principles in the Act that determine whether a Council would be liable for compensation, including that we must have known about the risk and failed to act within our available resources to fix it.

Claim related articles

Make a Claim - Personal Injury or Property Damage - To submit a claim if you believe you have experienced injury or damage from City of Newcastle property.
Make a Claim - City of Newcastle Vehicle - If you believe that a City of Newcastle vehicle has caused an accident or damage to property.

Road maintenance

Potholes and Roads Maintenance - to request repairs for a pothole or road

Raise a request

Before you begin

Before you submit your claim, you must first report the pothole or road issue.
It is highly unlikely City of Newcastle (CN) will be liable to pay compensation for claims relating to potholes or any other hazard on our roads.
CN maintains a large network of roads and we perform routine inspections, maintenance and repairs in accordance with an established program of works taking into account resourcing and priorities.
Accepting your claim does not mean we accept liability for the Claim.
In determining whether CN is liable to pay compensation alleged to have been caused by a pothole, CN works within the framework provided for by the NSW Civil Liability Act 2002 (the CL Act). The CL Act recognises that functions exercised by councils are limited by available financial and other resources.
You may wish to forward your claim onto your motor vehicle insurance company for their consideration or seek your own legal advice.

Submit a Claim

Next steps

Once you have submitted your claim:

You will receive an email acknowledging we have received your claim.
We may need to contact you if we need more information.
Your claim will be assessed on a Without Prejudice basis. We will investigate the circumstances surrounding the incident to establish our legal responsibility in this matter.
We will let you know the outcome of your claim in writing.

Time frames

The time it takes to assess a claim can vary due to the complexity and the information you provide. We will try our best to complete all claims assessments as quickly as possible, however, please allow up to 6 weeks.

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Make a Claim - Pothole

Make a Claim - Pothole

Make a Claim - Pothole

How to make a claim

Important information and specific rules

Why we may not be responsible to pay compensation

Damaged footpath or road

Related articles

Claim related articles

Road maintenance

Raise a request

Before you begin

Next steps

Time frames