Claim for compensation

The provision and receipt of this form is not an admission of liability.

Important to note:

  • All documents you wish to be considered should be submitted with this form. It is in your interest to submit as much information as possible. These documents could include photos, repair quotes, invoices, receipts, medical reports or engineers' reports – depending on the incident.
  • Council will make enquiries about the circumstances surrounding the incident to establish whether or not Council has any legal liability. All claims will be considered on an individual basis.
  • Council is not liable for loss or damage unless it has acted negligently or in breach of some other aspect of the law. It is your responsibility to provide evidence that Council has acted negligently.
  • It is your responsibility to put an estimated value on any property loss and we require original receipts or invoices and/or two repair/replacement estimates.
  • It is your duty to take reasonable steps to reduce the value/extent of any loss and to ensure as far as possible that your property is not damaged further.
  • In the absence of photographic and comprehensive evidence or if you dispose of any damaged property before Council has had the opportunity to carry out its enquiries, your claim will not be considered.
  • Any alleged loss that is found to have been fraudulent, falsely stated or exaggerated will be passed onto the relevant authorities for investigation and may be subject to prosecution.
  • Under most circumstances, your loss or damage will be covered by your own insurance e.g. car, buildings, contents. A claim on your insurance policy is likely to be resolved more quickly than a claim against Council. Your insurer may then approach Council following settlement on your behalf.
  • Council's decision may be based on the relevant provisions of the Civil Liability Act 2002, specifically sections 42 and 45 of that Act. (Roads Authorities)
  • If Council is prepared to accept your claim, we will send you a Deed of Release which needs to be signed in the presence of a witness and returned to Council, following which payment will be made.

 

 

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