If your vehicle has been damaged on a road managed by the Department of State Growth, you may be entitled to compensation.
For claims not related to damage to a vehicle, please see the section below on “Other (non-standard) claims”.
Please read all of the information below before making a claim.
Responsibilities
The department maintains the State road network and also manages some infrastructure not on State roads, such as traffic signals and bridges. We have different contracts in place to manage things like road and bridge maintenance, resurfacing and construction projects.
When a contract is awarded to an external contractor, the department formally hands over responsibility for that section of road to the contractor. As the contractor is solely responsible for the care of the work under the contract, the department is not liable for damage or loss through the actions of the contractor.
Our maintenance contracts require our contractors to maintain the State road network to an agreed standard. This does not mean keeping it in perfect condition all the time. But they do have to respond to road hazards that they are made aware of within a reasonable period of time.
Our maintenance contractors also perform routine inspections to identify road hazards and areas that need maintenance or repair. Agreed service standards set out how often inspections occur and when identified issues need to be addressed. These standards vary depending on:
- the road location
- the amount of traffic
- weather conditions
- available road maintenance funding.
This means that at times there will be defects on the road, such as potholes, water, or storm debris.
Road users are reminded to always drive to the conditions.
Road maintenance and construction contracts
You can only make a claim against the department if there is no contractor with responsibility for the State road where the damage occurred.
If there is a contract in place for maintenance or road works, your claim will be referred to the relevant contractor for assessment and response.
Claim criteria
Making a claim
For your claim to be successful, you will have to show that we failed to take reasonable steps to prevent foreseeable risks of harm.
You will have to show that our actions (or inactions):
- caused the incident
- caused you to suffer loss, and
- that such loss was foreseeable to us.
If we have taken all reasonable steps to maintain the road appropriately, we will not be liable.
Claims that won’t be accepted
State Growth will not accept any claims for:
- damage occurring on a road that is not managed by State Growth
- claims for incidents that occurred more than 30 days ago
- damage resulting from extreme weather events or natural disasters
- damage due to debris (if it occurs in the normal course of driving)
- damage resulting from the actions of another road user
- damage resulting from criminal actions
- matters already the subject of an insurance claim, including reimbursement of an excess
- reimbursement of related costs, for example, towing or storage costs, alternate forms of travel during vehicle repairs
- damage to tyres with an aspect ratio (profile) of 40% or less, or damage to the associated rims.
Mandatory information (information required to enable assessment of claims)
For your claim to be assessed, you must provide the following. Note, your claim cannot be processed without all mandatory information:
- vehicle make, model and registration number
- the time, date, and exact location the alleged incident occurred
- type of damage (for example, damaged tyre, chipped windscreen)
- alleged cause of damage (for example, pothole, tree hitting car, slasher threw up stones)
- reasons State Growth or its contractors are liable for your damage or loss
- the amount you are claiming (evidence such as a written quotation or tax invoice must be uploaded to support your claim)
- photos to support your claim
- confirmation that you have not made any other claim for damages with any other party, including your own insurer.
Supporting documentation
You should also submit any relevant documentation that may support your claim, such as:
- police report
- loss adjustor report
- dash camera footage
- map references.
Submitting a claim
The claims for damage process
Damage to a vehicle
Submit a claim for damage by completing the online form.
Claims must be submitted within 30 days of the incident.
Other (non-standard) claims
If your claim relates to:
- damage to property adjacent to a State road
- damage relating to other State-owned infrastructure such as traffic signals
- personal injury
- another type of claim.
Please request a claim form by emailing StateRoadClaims@stategrowth.tas.gov.au or phone 1300 139 933 (select menu item 3).
The 30-day timeframe may be waived for non-standard claims.
Claim referral and acknowledgement
State Growth will acknowledge receipt of your claim and may request further information if needed. Once all the information for your claim has been received, we will forward it on for investigation.
State Growth will advise you in writing which party will be assessing your claim and provide contact details. Any questions regarding the progress of your claim must be directed to the party outlined in the letter.
Claim outcome
Claim outcome
You will be advised of the outcome of your claim by the party responsible for assessing it.
If your claim is denied, this decision is final. Any further queries need to be directed to the party who assessed your claim (outlined in the letter you will receive).
When the department has formally handed over the road to a contractor to manage, we cannot get involved in any disputes between our contractors and other parties. Therefore, there are no avenues for appeal within the department.
If you feel your claim has been unfairly refused, you have the option to appeal the decision through the civil court system. The Magistrates Court is the relevant civil court in Tasmania.
If you feel you have been dealt with unfairly through the administrative process followed by us, or you are dissatisfied with the standard of service we provided, you can lodge a complaint with Ombudsman Tasmania.
Disclaimer
The information provided on this page is intended to be general in nature and should not replace independent legal advice.