Make a claim for property damage
If your vehicle or property has been damaged by the condition of infrastructure or works managed by the Department of Transport and Main Roads, you may be able to submit a compensation claim. This may include damage caused by the condition of:
- a state-controlled road
- bridges, traffic lights, street signs and guard rails on a state-controlled road
- roadworks on a state-controlled road
- a busway or busway station
- state-controlled land, such as the road corridor or other department-owned property.
The information on this page is not a substitute for legal advice. Please seek legal advice if you believe you are entitled to compensation for damage caused.
Personal injury claims
If your claim against the Department of Transport and Main Roads involves personal injury, you must make your claim for compensation according to the requirements in the Personal Injuries Proceedings Act 2002 (Qld). You may choose to seek independent legal advice.
Road maintenance
We maintain the state-controlled road network. We perform regular inspections to identify areas that need maintenance or repair.
Our repair schedule is affected by:
- the road location
- the amount of traffic
- weather conditions
- available road maintenance funding.
According to the Civil Liability Act 2003 (Qld), our liability for property damage depends upon:
- whether we knew or should have known about the hazard
- what funding and other resources were available to fix the hazard
- whether other works took priority over the site of the incident.
How to make a claim
Complete a claim form (F5110) and detail information that we need to examine your claim. Include evidence of the hazard and damage to your property, such as photos and receipts for repairs.
You can send your claim by email or post to your nearest Department of Transport and Main Roads office listed on the claim form.
You can also use claim form (F5110) to make a claim for damage that happened on other property that we own, such as a busway or busway station—fill in all of the areas on the form that are relevant to your situation. Contact your area's road office to find out whether your damage took place on our infrastructure.
How to prove property damage
To receive compensation for damage to your property, you will need to show that we didn’t take reasonable steps to maintain the road network to prevent foreseeable risks of harm.
You will need to show that our actions or inactions:
- were the cause of the incident
- caused you to suffer loss.
Claims that won’t be accepted
We don’t normally accept claims for:
- damage to tyres with an aspect ratio (profile) of 40% or less, or the damage to associated rims
- damage due to debris (if it occurs in the normal course of driving)
- 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.
Successful claim
If your claim is successful, a payment will be sent to your bank account. This usually takes about 2–3 weeks after the decision.
You may be asked to sign a document that states that you will not make any further claims against the Department of Transport and Main Roads or its contractors.
Unsuccessful claim
An unsuccessful claim can’t be appealed but you may pursue your claim through the civil courts if you believe you have a strong case.
If you think we have treated you unfairly or are unhappy with the standards of service provided to you, you may contact the Queensland Ombudsman or the Community Legal Centres Queensland.