If you have recently experienced windscreen damage to your vehicle and suspect it was caused by the state of Western Australia’s roads, you might be able to claim compensation from MainRoads WA. Understanding the process and requirements is crucial for a successful claim.
Understanding Your Eligibility
MainRoads WA maintains a vast network of roads throughout Western Australia. They operate under the Civil Liability Act 2002 (WA), which states that they must maintain the road network and respond to known road hazards within a reasonable time. However, they’re not liable for damages arising from hazards they weren’t aware of at the time of the incident
To successfully claim for windscreen damage in WA due to the condition of the roads, you have to be able to prove to MainRoads that the damage to the road caused the incident, caused you to suffer a loss, and also that the incident was foreseeable. This could include attaching evidence such as photos and windscreen repair receipts.
An example of a successful claim includes a Perth driver who experienced a chipped windscreen due to the lack of upkeep on damaged roads during roadworks, which over an extended period resulted in chips on their windscreen. They were able to argue that due to the length of the roadworks and the fact that the road was unsealed for a prolonged period, damage to windscreens was foreseeable, caused the incident, and caused a loss (damaged windscreen).
What Claims are Usually Rejected?
Main Roads WA typically doesn’t accept claims for:
- Damage due to debris encountered during normal driving. Such as chips from stones.
- Damages from extreme weather, criminal actions, or third-party actions.
- Incidents are already covered by insurance.
Due to the last point, the process of claiming through MainRoads for damage is only followed by customers who don’t have car insurance. It also means that the claim can only be lodged after the windscreen repair has been completed, due to the requirement to have a receipt.
The Claim Process
To lodge a claim for Windscreen Damage you must:
- Submit a Written Claim: Submit a detailed written claim using the claim form. Ensure to include all relevant details of the incident.
- Submit Evidence: Attach supporting evidence such as receipts and photos of the damage. You can also include pictures of the road and proof of neglect by MainRoads over a while.
- Highlight Specific Causes: If you believe the damage is due to road works, mention this specifically, as the claim might be referred to the responsible contractor.
- Assessment and Outcome: MainRoads WA will then assess your claim, which might involve their public liability insurer. If accepted, you’ll need to sign a legal document agreeing not to pursue further claims related to the incident.
- Denial of Claim: If your claim is denied, there’s no internal appeal process. You may need to seek legal recourse through the civil courts
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Windscreen Repairs WA
Claiming compensation for windscreen damage in WA from MainRoads requires clear evidence linking the damage to their road conditions or maintenance failures. Understanding the process, including potential rejections and the need for substantial evidence, is vital for a successful claim. By following the guide above and meeting the required criteria, you have the best chance of success.
If your claim is not successful, you can still trust that Joondalup Windscreens will repair or replace your windscreen for an affordable and competitive price. Contact us today for an obligation-free quote.
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