This is the bane of every Aussie driver’s existence. Whether you’re cruising down a country lane or navigating the suburban sprawl, there’s always the risk of something going wrong when you least expect it.

For one couple, a simple risk turned into a costly reality—and a frustrating battle with their local council over who should foot the bill.

Nila Mezei and her partner, Bruce Randall, were simply going about their day, driving along Sally's Corner Road near Exeter, when disaster struck.

With oncoming traffic leaving her no room to swerve, Nila had no choice but to drive straight over a sizeable pothole lurking in her lane.

The result? A 'popped' tyre on their Range Rover Evoque and a $560 bill for a replacement.

Aussie couple left with $560 tyre bill after pothole damage, but council denies payout. Credit: Mike Clark / iStock

To add insult to injury, Nila was late for work, and the couple’s day was thrown into chaos.

But the real frustration began when they sought compensation from the Wingecarribee Shire Council.

Despite what Bruce described as a 'deep, established pothole' that had clearly been there for some time, the council denied their claim.

They reasoned that they hadn’t been notified about the pothole, so they weren't liable under Section 45 of the Civil Liability Act 2002.

In other words: 'If we don’t know about it, it’s not our problem.'

Bruce was left shaking his head at the response, calling it 'crazy' to suggest that no one else had reported the pothole before.

'It feels like they’ve just wiped their hands... It’s disappointing... It is time they do something about the roads,' he said.

The council, for its part, pointed to the immense challenges it faces. Since 2019, the Shire has weathered 16 declared natural disasters, racking up more than $43 million in road damage.

With $24 million in outstanding claims still tangled in state and federal funding processes, it’s clear that local authorities are stretched thin.

​

The council did confirm that the offending pothole has now been filled, but for Nila and Bruce, that’s cold comfort after being left out of pocket.

Potholes aren’t just a local issue—they’re a nationwide headache. NSW alone has over 180,000 kilometres of roads, with councils responsible for maintaining more than 85 per cent of them.

While there are grants like the NSW $50 million Fixing Local Roads Pothole Repair Round, the reality is that most councils are left to juggle repairs with limited resources and ever-growing to-do lists.

And it’s not just the cost of repairs that stings. Potholes can cause serious damage to vehicles—tyres, wheels, suspensions, and even the undercarriage can all fall victim.

The legal side of things can be just as frustrating as the potholes themselves. Under the Civil Liability Act, councils are generally protected from liability if they weren’t aware of the specific hazard.

​

That means unless someone reports the pothole and the council fails to act, it’s unlikely you’ll get compensation for damage.

This puts the onus on drivers to report road hazards as soon as they spot them.

But as Bruce and Nila’s story shows, even when a pothole is 'deep and established,' it can still slip through the cracks—sometimes literally.

Key Takeaways

• An Aussie couple were left $560 out of pocket for a new tyre after hitting a pothole on a local road near Exeter, NSW, but Wingecarribee Shire Council denied their compensation claim.
• The council stated they weren't liable as they had not been notified of the pothole prior to the incident, citing Section 45 of the Civil Liability Act 2002, which protects councils if they had no actual knowledge of the hazard.
• Despite frustrations from the couple who believe the pothole was well-established, the council stressed that frequent natural disasters have heavily damaged the region’s roads and limited their resources for repairs.
• While the specific pothole has since been fixed, ongoing issues with potholes in NSW continue to frustrate drivers, sometimes leading to public protests and vandalism designed to draw attention to unrepaired hazards.

Have you had a run-in with a rogue pothole? Did you manage to get compensation, or were you left footing the bill? We’d love to hear your stories—share your experiences in the comments below.

Read more: Crumbling roads catch Aussie advocacy groups' attention: 'People want better'

 

[Leenie]

Is there an Ombudsman they can contact, or some other body , to deal with this Council , using the we were never advised is B/S ,this is a Council responsibility and should be aware of what is happening in their jurisdiction, no excuses.