Delays in claims processing

Due to high demand, your claim may take longer than 4 to 6 weeks. Please provide all required documents to avoid any further delays. We apologise for the inconvenience.

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Introduction

If your car or other property has been damaged due to the condition of a NSW public road, you may be eligible to claim the repair costs.

If you would like to make a claim, you should review the information on this page and then submit the claim form to Transport for NSW for review.

How claims are assessed

Transport for NSW will assess claims in accordance with the provisions of the Civil Liability Act 2002. 

This may take 6 weeks or longer depending on the complexities of the claim.

It is important to note that, as set out in the Act, Transport for NSW may not be liable for damage arising from potholes or other hazards on the road unless Transport for NSW was aware of the particular risk and failed to address the issue. 

What you need

  • the PDF form – 'Public Liability Claim Form'
  • your personal details
  • map/diagram of incident location
  • photographs of the incident location
  • a photocopy of the driver licence of the person driving the vehicle at the time
  • the details of the vehicle that was damaged
  • photographs of the damage to the vehicle and/or other property
  • copies of:
    • 2 quotes to repair the damage to the vehicle and/or property, or
    • tax invoices for the costs incurred to repair the damage.

How to claim

  1. Select the 'Download PDF form' button.
  2. Complete and sign the form.
  3. Attach all supporting evidence, and submit your completed application to the details on the form.

More information

  • Once you've submitted your application you'll receive a letter from Roads and Maritime Services confirming receipt of your documents and requesting further information if required.
  • Transport for NSW (TfNSW) will then investigate your claim. This may take 6 weeks or longer, depending on the complexities of the claim.
  • The claim may be referred to other parties. If this occurs, you'll be notified in writing and provided contact details.
  • Once the investigation is complete, TfNSW will notify you of their decision, in writing.
  • If you want to dispute the decision, you can request a re-investigation by providing a written response outlining your reasons.
  • If your claim is accepted, you'll need to sign a Deed of Release (in the presence of a witness) and return the signed document to TfNSW.
  • Payment will only be made once the signed Deed of Release is returned.
  • Payment will only be made to the owner of the damaged property.
Last updated: 12 October 2022
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