Damage and Loss - Claims for Compensation
A guide to understanding the process for submitting a claim for compensation for damage and loss.
Introduction
The Commissioner of Main Roads (Main Roads) is responsible for over 18,000 kms of Western Australia's vast road network. This includes all highways, such as Great Eastern Highway and Albany Highway as well as many main roads such as Marmion Avenue and the Mullewa-Wubin Road. All other roads are the responsibility of local government, other government agencies (e.g. Department of Environment and Conservation) or private organisations (e.g. mining companies). We are also responsible for installing and maintaining traffic signals, regulatory signs (e.g. stop signs) and linemarking on all roads.
What we do
Main Roads is required to maintain the road network under its control to certain standards. If we fail to do this, we may be liable for damage or loss resulting from a road hazard. However, we cannot keep the roads in perfect condition all the time, nor can we be aware of hazards the moment they arise. Regular inspections by our maintenance contractors help identify areas that need maintenance or repair. This inspection regime will vary depending on the type of road (e.g. metro or rural) and amount of traffic.
Similar obligations apply to other road authorities in respect of the roads for which they are responsible.
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Help us to help you
One of the best ways for us to find out about road hazards is through reports from our road users themselves. If you see a hazard such as a pot hole, a damaged Stop Sign or traffic signal, please call us on 138 138 or complete a Report a Problem form online and we will have a maintenance contractor attend to the problem as soon as possible.
Where the hazard relates to a road under the responsibility of another authority, we will report the hazard to them.
Lodging a claim for compensation
If you have suffered damage and/or loss from an incident on the road and you feel it is our fault, you can submit a claim for compensation. Your claim needs to be in writing providing full details of the incident.
Your claim may be submitted using the Claim Form (2 page PDF 41 KB). Alternatively, this form may be used used as a guide to indicate the information we require in order to assess your claim. It is important for you to understand the circumstances in which Main Roads may be held liable for your damages and how the civil claim process operates.
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What you need to know
Civil Liability Act 2002
As our maintenance contractors cannot be everywhere all the time, the Civil Liability Act 2002 includes a provision (section 5Z) which states that road authorities such as Main Roads are not liable for damage or loss arising from a road hazard, unless the road authority has prior knowledge of the hazard. In other words, unless it can be shown that we were aware (or should have been aware) of a road hazard, we will not be liable for damages, in the event of an incident on the road.
Legal Liability
Main Roads has a common law duty of care to maintain the road network under its control. The civil law of negligence sets out what this means, and the extent to which we are required to go to meet that duty of care. For example, it does not mean keeping roads in perfect condition all the time, but it does mean we should respond to road hazards that we have prior knowledge of, within a reasonable period of time.
If you think we have failed to meet our duty of care to you as a road user, then you will have to prove this. You will have to show that we failed to take reasonable steps to maintain the road network to prevent foreseeable risks of harm. What constitutes reasonable behaviour on the part of a road authority, like Main Roads, includes consideration of the resources available to the road authority and any competing responsibilities it may have.
If this can be proved, you then have to show that:
- this was the cause of the incident;
- you have suffered loss as a result; and
- such loss was foreseeable.
You will also have to substantiate the extent of your loss.
If Main Roads can demonstrate that it took all reasonable steps to maintain the road appropriately, it will not be legally liable for your damages or loss.
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What happens if I make a claim?
For the quickest response, the best way to submit a claim is completing a Claim Form (2 page PDF 41 KB) however a claim will be accepted in any form as long as it's in writing. Once we receive the claim, we may assess the claim ourselves, and/or pass it to our public liability insurer.
If your claim is accepted, you will need to sign a Form of Discharge, which is a legal document that means you cannot make any further claims against Main Roads or its contractors regarding the incident subject of your claim. You will also need to provide a valid address for payment.
If your claim is denied, there are no avenues for appeal within Main Roads. If you feel you have a strong legal case supporting your claim, you will need to pursue this through the civil courts. If you feel you have been dealt with unfairly with respect to the administrative process followed by Main Roads and standards of service provided, you can contact the State Ombudsman who may investigate your complaint against Main Roads on your behalf.
Important to note
Main Roads will not ordinarily accept any claims for:
- damage to tyres with an aspect ratio (profile) of 40% or less or damage to the associated rims
- damage due to debris
Main Roads will not accept any claims that involve:
- damage resulting from criminal actions
- damage resulting from extreme weather events
- matters already the subject of an insurance claim
- damage resulting from the actions of a third party
The information on this page should be used as a guide only and is not, and should not be taken as, legal advice.
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