A university student in Victoria, Australia, has been denied compensation for extensive car repairs after striking a pothole, a decision he attributes to a bureaucratic technicality in the state's road rules.
Zane Stanton, 21, was driving on Boneo Road near Boneo, approximately 90 kilometers south of Melbourne, in August of the previous year when his station wagon hit a large pothole. The impact shattered two of his rims, leaving the vehicle undrivable and requiring a tow.
Stanton reported that the repairs cost $2,932.50, depleting most of his savings. He secured the funds through two jobs but found affording the upfront cost a significant struggle. His parents encouraged him to file a compensation claim with Transport for Victoria (TfV), believing he would be eligible for reimbursement.
Under TfV's policy, compensation claims for property damage caused by the condition of a state-managed road are considered when repair costs exceed $1,681, with the government covering the amount above that threshold.
Despite the apparent eligibility, Stanton's claim was rejected after nearly a year of what he described as a complex bureaucratic process. The reason for denial was that the road had been inspected twice within the 11 days preceding the incident.
According to TfV's Road Management Plan (RMP), the government is not liable for damages resulting from roads that have been assessed for hazards at least once every two weeks. A rejection letter obtained by Nine News stated that the inspections and maintenance complied with the RMP timeframes, thus TfV was not liable and had not been negligent in its road management.
Stanton expressed his dismay, noting that TfV reportedly rejected 98% of claims over the past two years. He questioned the fairness of the decision, suggesting that such technicalities allow the department to deny claims. He also raised doubts about how the pothole remained on the road if it had been assessed so recently, stating that a pothole of that size typically does not form in under two weeks.
A spokesperson for the Department of Transport and Planning told Nine News that while they could not comment on individual cases, the department is undertaking a significant road maintenance investment of $1.04 billion across Victoria. They also indicated that the government is reviewing current legislation regarding property damage compensation claims, and maintenance teams are actively inspecting and repairing roads statewide.