Insurance and claims

You can email the completed Incident Notification Form along with all supporting documents directly to claims@hobsonsbay.vic.gov.au. Alternatively, you may drop them off at your nearest Council office.

Providing supporting evidence enables us to assess your claim accurately, fairly, and efficiently. Documents such as photographs, invoices, medical reports, expert assessments and other relevant records help demonstrate the nature and extent of the injury, loss, or damage, establish a clear connection between the incident and the alleged harm, and assist in evaluating the Council’s potential liability.

Without sufficient supporting evidence, we may be unable to substantiate the claim, assess the circumstances fully, or determine whether liability exists.

Once your claim has been submitted, you will receive an acknowledgement within five (5) business days.

All claims are referred to Council’s insurer, CivicRisk Mutual, for assessment. As part of this process, CivicRisk Mutual will review the information and supporting documentation provided to ensure the claim can be properly assessed. Where required, further enquiries or investigations may be undertaken to determine whether Hobsons Bay City Council has any legal liability in relation to the incident.

If additional information is required, a representative from CivicRisk Mutual will contact you directly during the assessment process. You will be advised of the outcome once the assessment has been completed.

If you hold insurance cover for the damaged property, you may wish to lodge a claim directly with your insurer. This will often allow repairs or replacement to be arranged more quickly while liability is being considered.

If your insurer believes that Hobsons Bay City Council may be legally responsible for the loss or damage, they may seek to recover their costs directly from Council or its insurer. This process is known as subrogation, where the insurer pursues the claim on your behalf after settling your loss under your policy.

Once we receive your completed Incident Notification Form and all supporting documentation, your claim will be forwarded to our insurer (CivicRisk Mutual) for review. They will assess the information provided to determine whether liability exists. The assessment process typically involves:

Verification of details – Confirming the accuracy of the incident information provided.

Review of evidence – Examining supporting documents such as photographs, invoices, medical reports, and expert assessments.

Investigation – Where necessary, conducting further inquiries or requesting additional information.

Determination of liability – Assessing whether negligence can be established based on the evidence.

Outcome notification – Informing you of the decision and any next steps.

Please note that submitting a claim does not guarantee acceptance. Each claim is assessed on its individual merits.

The time required to assess and finalise a claim can vary depending on the complexity of the matter and the information needed to complete a thorough assessment. As a guide, most claims are resolved within 6 to 8 weeks, although some may take longer where additional enquiries, investigations, or information are required from Council departments, external parties, or other relevant sources.

We understand that waiting for an outcome can be frustrating and appreciate your patience during this process. Please be assured that every effort is made to assess claims as efficiently and promptly as possible.

Claimants should not delay obtaining necessary medical treatment, arranging urgent property repairs, or taking reasonable steps to minimise further loss or damage while their claim is being assessed.

If additional information is required to progress your claim, you will be contacted directly. We will keep you informed of any significant developments and advise you of the outcome once the assessment has been completed.

No, you do not need to contact Council while your claim is being investigated. If additional information is required to progress your claim, a representative from CivicRisk Mutual or Council will contact you directly. 

If you require accessibility support or assistance with completing your claim, please contact our customer service team on 1300 179 944 or visit your nearest Council office for in-person support.

We are committed to ensuring that our claims process is accessible and inclusive. Our staff can provide assistance and help you navigate the claims process.

No. Council does not reimburse expenses on compassionate grounds. All claims are assessed strictly in accordance with legal liability requirements.

What does legal liability mean?

Legal liability refers to the responsibility under law for loss, damage, or injury caused by negligence. For a claim to be accepted, evidence must show that Council breached its duty of care and that this breach directly resulted in the loss or damage you experienced.

If your claim is not accepted, it means that, following assessment of the available information and evidence, Council and/or its insurer have determined that Council does not have a legal liability for the incident. You will be provided with written notification outlining the outcome of the assessment.

If you disagree with the decision, you may wish to consider the following options:

• Request a review: You may provide any additional information or supporting evidence that was not previously available for further consideration.
• Seek independent advice:  You may wish to seek advice from your insurer, a solicitor, or another independent adviser regarding your circumstances and any alternative options available to you.
• Contact the Victorian Ombudsman: If you believe the claims process was handled unfairly or unreasonably, you may lodge a complaint with the Victorian Ombudsman. Further information is available at www.ombudsman.vic.gov.au or by calling 1800 806 314.

If your claim is accepted, you will receive written confirmation outlining the assessment outcome and details of any compensation approved.

Payment or reimbursement will then be arranged by Council’s insurer or by Council itself, in accordance with the settlement agreed.

To facilitate payment, you may be required to provide bank account details or complete additional documentation. Once all required information has been received and verified, payment will be processed as promptly as possible.

You may choose to obtain independent legal advice or engage a lawyer to represent you at any stage of the claims process, however this is entirely your choice. Please note that any legal costs incurred will be your responsibility. Council does not cover expenses related to legal representation unless a claim is accepted, and limits will apply.

No. Councillors are not involved in the claims process and cannot assist with your claim. They remain independent from all investigations and assessments.

No. Liability must be proven under the law.

Council is committed to protecting your privacy. The personal information you provide in your claim, including any supporting documentation, is collected for the purpose of assessing liability and processing your claim.

Your information may be shared with Council staff, our insurer (CivicRisk Mutual) and other relevant parties involved in the investigation. It will not be disclosed to any other person or organisation except as required by law.

For more details on how we manage your personal information, please refer to our Privacy Policy at Privacy - Hobsons Bay.

If you have experienced an injury on Council land or involving a Council asset, you may wish to submit a claim for compensation. Submission of a claim for compensation does not guarantee the claim will be accepted. 

Council assesses all claims in accordance with The Wrongs Act, legal obligations and principles of negligence. Courts have determined that councils are not legally responsible for incidents caused by defects that would have been visible to an ordinary person paying proper attention, or when the council did not have prior knowledge of the defect that caused the injury.

Compensation cannot be paid simply because an incident occurred on Council land or involved a Council-owned asset.

For claims relating to personal injury, please include supporting evidence such as:

• a photo of the exact location where the incident occurred
• if possible, mark the photo with an ‘X’ to indicate the precise spot of the incident.

If you experience an incident on a road or footpath managed by Council, it’s important to understand how claims are assessed. Council is responsible for maintaining roads and footpaths under relevant legislation. A defect is only considered a hazard if it is above the intervention level specified in the Road Management Plan. Councils are generally only liable if they knew about a specific hazard and failed to take reasonable steps to fix it.

Common situations include trips and fall on uneven footpaths, injuries caused by potholes or damaged roads, and accidents linked to missing signage or poor lighting. Hazards created during work without proper warning signs may also be considered.

Please note under the Road Management Act 2004 (Vic), anyone seeking compensation for property damage caused by the condition of a road or footpath must cover the first $1,681 (for the 2026-27 financial year) of any claim, regardless of who is at fault. This applies to damage to vehicles, bicycles and personal items. This threshold is set by the Victorian Government.

For claims above $1,681, a road authority may be liable if it has not met the standards outlined in the Road Management Plan, as required by the Road Management Act 2004. If this applies to your situation, Council will contact you after completing its investigation to explain the next steps.

Council is responsible for managing trees and vegetation on public land, but ownership of a tree does not create an automatic liability on the Council for damage caused by roots or branches. Liability generally depends on whether Council was negligent or failed to act on a known risk.

Damage caused by a Council tree

Council trees are inspected regularly subject to the availability of its staffing resources, to monitor their condition and safety. These inspections assess key indicators such as overall health, canopy structure, branch stability, signs of decay, pest or disease presence, and any root plate movement. If Council is notified of a potential hazard or nuisance, an additional inspection will be carried out.

Claims for damage caused by trees are assessed based on negligence and will only be accepted where Council has a clear legal liability.

Structural damage caused by tree roots

Tree roots grow towards areas where they can access moisture, nutrients and suitable soil conditions. When these resources are available, roots will naturally expand and develop more extensively. Tree roots can sometimes cause damage by exerting pressure on structures like concrete pavements, walls, underground pipes and buildings with inadequate foundations. However, structures such as paving and walls can crack for many reasons. If you believe a Council tree is causing damage to your property, you must provide sufficient evidence to support your claim.

For more information, please visit Trees & Infrastructure - Hobsons Bay

• Blocked stormwater pipes caused by tree roots

Tree roots generally enter sewer or stormwater pipes only if those pipes are already cracked or damaged. When pipes are correctly installed and properly maintained, it is very rare for tree roots to crush or crack them. Council is responsible for the local stormwater drainage network including pipes and pits on public land, but not for private stormwater pipes that connect to the legal point of discharge (LPOD). Property owners are responsible for maintaining, repairing, and replacing pipes up to the LPOD or sewer connection point.

If you believe a Council street tree has caused a blockage, you must provide evidence along with a completed Incident Notification Form. Evidence should include:

• clear details of the damaged pipe, including its material and location (mark the spot with an ‘X’ if possible)
• clear images and/or CCTV drain inspection footage showing the damage and the point where roots entered
• in cases where the origin of the roots is unclear, identification by a qualified professional may be required.

For more information, please visit Trees and nature strips - Hobsons Bay.

Damage caused by a Council vehicle

If a Council officer causes damage to your property or vehicle, they will provide you with the necessary information at the time of the incident. In some cases, damage may occur without the officer being aware. If you believe a Council officer has damaged your property, please complete an Incident Notification Form and email it to claims@hobsonsbay.vic.gov.au.

Once your claim is submitted, Council will begin an investigation to determine whether it is legally liable. This process involves reviewing the details you provide, and gathering statements from the officer involved and any witnesses. Council may also check work records, vehicle logs and other relevant documentation to confirm what happened.

If additional information is required, we will contact you. When the investigation is complete, Council will advise you of the outcome and next steps. Please note that compensation can only be paid where Council has a clear legal liability.

Damage caused by a waste collection truck

If your vehicle or property has been damaged by a waste collection truck, please give our customer service team a call on 1300 179 944. Our customer service team will guide you through the process and help you lodge your claim quickly and easily.