A claim is a request for a remedy or compensation primarily due to negligence causing loss, damage to private property or personal injury.
For Council to consider your claim, you will need to provide evidence that proves:
- we breached our duty of care
- the breach of duty of care resulted in loss, damage to private property or personal injury.
This information is general only. It may not cover every situation we consider when assessing claims. We look at each claim individually. Please seek your own legal advice if you are unsure about any part of your claim.
Before you submit a claim, please read the information below.
Note: Council is under no statutory obligation or common law duty to automatically pay compensation because an incident happened on Council-owned or managed land, or an asset belongs to Council.
Types of claims
Personal injury claims
Council cannot consider claims for ongoing pain and inconvenience caused by an injury because of a law in the Wrongs Act 1958, Section 28LE.
For Council to consider claims about ongoing pain and inconvenience, the injured person must have a ‘significant injury’ as defined in the Wrongs Act 1958. They must also provide a supporting certificate from an approved medical professional.
Road and footpath property damage claims
Council has a Road Management Plan that explains how we inspect, maintain and repair roads, footpaths and shared paths. We look after about 729 kilometres of road networks, 249 kilometres of footpaths and 14 km of off-road shared paths.
We may be liable for damages caused from potholes and other hazards if we were:
- aware of the pothole
- negligent in not addressing the risk within Council’s ability in terms of resources and our Road Management Plan.
We may also be liable if property damage claimed is more than $1,681. Under the Road Management Act 2004, you must pay the first $1,681 of any property damage caused by a defect on a public roadway regardless of liability. The Victorian Government sets the legislation threshold each financial year.
Knox’s Road Management Plan sets out Council’s road management responsibilities in line with the Road Management Act 2004. For more information on how we manage Council roads, read our Road Management Plan.
The Department of Transport (formerly VicRoads) maintains and manages the main arterial roads in Knox City Council.
If damage to property happened on a main arterial road, you will need to contact the Department of Transport. For a list of the major arterial roads in Knox, visit our Responsibility for roads page.
Tree property damage claims
Trees are natural assets and can behave unpredictably, especially during certain weather conditions. We manage about 80,000 street trees across Knox and complete street tree assessments every 2 years. Find out how we maintain our street trees and request a street tree inspection on our Street trees of Knox web page.
To make a claim for damage caused by a Council street tree or fallen branch, it needs to be established that the loss was due to some form of negligence or lack of care on the part of Council.
If you believe a Council tree has caused damage from tree roots or falling branches, you must provide evidence of the damage to your property.
How we consider your claim
When we look at claims for injury or damage, we follow laws such as the Civil Liability Act 2003, the Road Management Act 2004 and common law (legal decisions made by courts).
For Council to be responsible, you must show that:
- we had a duty of care
- we did not meet that duty (we were negligent)
- this caused the injury or damage.
When we would accept your claim
Council will only accept a claim and pay compensation if the information you provide, along with our investigation, shows that we are legally responsible. We are not able to accept claims on compassionate grounds.
We are not required by law to automatically pay compensation just because an incident happened on Council land or involves a Council asset.
Council must use public money (including ratepayer funds) responsibly. Because of this, we carefully investigate every claim before we make any decisions about payment.
If your claim is successful
If your claim is successful, you will receive a letter explaining the outcome. You will also receive an Offer of Settlement and a Deed of Release for you to complete and return.
If your claim is unsuccessful
If Council does not accept your request for compensation, you will receive a letter explaining why your claim was not approved. You will also be given an opportunity to request an internal review.
Common reasons why a claim is unsuccessful
The most commons reasons why a claim is unsuccessful include:
- the repair cost is under the statutory threshold of $1,681
- the pothole was not previously reported, so Council was not aware of it
- the damage happened during a severe weather event, which is considered an “act of god”
- the tree was inspected and deemed safe.
- your incident was because of or involved an asset owned by a utilities company. For example, a telecommunications or water authority owned pit.
- your incident was due to negligence of a contractor.
If you request a review, you should write to Echelon Claims Services and:
- explain what part of the decision you disagree with
- provide any extra information or documents that support your request.
You can also choose to contact your private insurer (such as home, business, or motor vehicle insurance) for further assistance.
It is your right to choose to engage a lawyer at any time. If you do, please ensure your lawyer notifies Echelon Claim Services or Council’s insurer of their involvement. Please remember that if you engage a lawyer, you may need to pay legal costs. We suggest you discuss this with your lawyer.
How to make a claim
To make a claim, you must complete and submit a Request for Compensation Form (PDF) and include all required evidence and supporting documents.
Under Section 52 of the Wrongs Act 1958, you are responsible for proving your claim. This means Council and our staff can’t advise you how to prove your claim. You can choose to get legal help at any time during the process.
We are not responsible for any legal costs you may have if your claim is not successful. You should talk to a legal adviser about any legal costs and the risks of going to court.
Evidence and supporting documents
Examples of evidence and supporting documents include:
- your contact details in case we need to ask you for more information and organise a site inspection
- the exact location of the alleged damage
- photographs of the alleged damage
- photographs of the surrounding areas
- receipts and quotes
- doctors or other expert reports
- witness statements.
How to submit a claim
Knox City Council has appointed Echelon Claims Services to manage claims on their behalf.
Echelon Claims Services is not an insurance company. They are an external third-party that objectively assess Council’s liability when requests for compensation claims are made. Echelon assesses claims based on negligence and will only recommend compensation when a clear liability has been established.
If you believe Council to be negligent, complete the Request for Compensation form (and supporting documents) to Echelon Claims Services via:
- email: [email protected]
- post: Echelon Claims Services, GPO Box 1229, Melbourne VIC 3001
Echelon Claims Services will be your main contact for all questions and updates about your claim.
What happens after you submit your claim
After you submit your claim, Echelon will acknowledge receipt of your claim and advise you of the next steps.
Echelon will start the investigation of your claim with Council, which may take 8 to 12 weeks. During this time, you may be asked to provide more information.
Timeframes may be longer if there are delays in getting the information and other factors outside or our control
Privacy
Knox City Council is committed to protecting your privacy as per our Privacy and Data Protection Policy.
The personal information provided by you is required for the purpose of considering your claim, undertaking remedial actions, if necessary (such as repairing a pothole or removing a fallen tree branch), and to contact you if required. The information you provide may be disclosed to Council's insurers and advisors, as well as lawyers, assessors, consultants, contractors and investigators, and to any other entities that are implicated in or may have liability. If a third party is implicated or involved, your claim and associated personal information may be redirected to that entity for their response.
