Zane’s bank account was drained by a pothole. A small detail meant he got nothing in compensation
Updated . First published at
Exclusive: Zane Stanton’s tyres and rims were destroyed by a gaping pothole in the middle of the road, and the cost to fix it depleted his life savings.
But the university student’s claim for compensation was denied by Transport Victoria because of a technicality written into the department’s rule book.
Zane Stanton was left with a nearly $3000 bill after driving into a pothole on Victoria’s Mornington Peninsula. Nine.com.au
The 21-year-old had been driving along Boneo Road, near Boneo in Victoria’s Mornington Peninsula, on August 31 last year when his car slammed into a large crater.
“It shattered two of my rims into literal pieces, I was stuck driving on a tilt,” Stanton told nine.com.au.
“I couldn’t drive at all. I was on the side of the road had to get towed.”
Stanton snapped a photo of the offending pothole, aghast at its size.
He was then towed straight to a mechanic, where the total bill to replace both wheels and tyres came to $2932.50.
“I have two jobs, but it was quite a struggle to afford upfront,” he explained.
“I was pretty much left with next to nothing.”
Stanton’s parents recommended he apply for compensation from Transport for Victoria (TfV) which offers compensation for property damage caused by state-managed roads for amounts above $1681.
If the loss is more than $1681, successful claims will have that amount deducted from any damages. Anything under this figure won’t be covered.
Pothole claims have been under fierce scrutiny in Victoria after several major road incidents involving damaged roads.
The offending pothole on Boneo Road near Boneo. Nine.com.au
Stanton’s tyre rim was destroyed. Nine.com.au
Read more
‘I nearly died’: Motorbike rider takes fight to parliament after catastrophic pothole injury
It was recently found that over the past two years, 98 per cent of claims were denied by the Department of Transport.
In that period, just 23 drivers received any money back – a rate of just two per cent.
Stanton is one of these unlucky motorists.
After nearly a year of “heavy bureaucratic processes”, he received a letter from TfV last week which officially denied his claim.
In the letter seen by nine.com.au, Stanton learned that his compensation claim was rejected due to a fine print rule in TfV’s Road Management Plan (RMP).
The department claimed it was not negligent due to a rule which requires that road to be inspected for hazards once every two weeks.
The 20-year-old’s car could not be driven and needed to be towed to a mechanic. Nine.com.au
Boneo Road had been inspected twice in the 11 days before August 31, according to maintenance records.
“The inspection and maintenance works complied with the RMP timeframes and Head, TfV is therefore not liable for the damages,” the letter reads.
“This means that Head, TfV hasn’t been negligent in its management of this section of road and as such does not accept liability in this matter.”
Stanton said the 14-day rule that allows the department to dodge claims should be abolished.
“I was honestly shocked at how damaging a claim like that could be denied, and then I looked into the specific reasons and was even more outraged,” Stanton said.
“And that’s why they get away with denying a lot of claims.
“Just due to little policies and bylaws that they write themselves in codes that they have to follow.”
He has also raised doubt over how the pothole could have appeared in a matter of days.
“I don’t think a pothole that big forms in less than two weeks,” he added.
A spokesperson for Victoria’s Department of Transport and Planning said it is unable to comment on individual compensation cases.
“We’re investing a record-breaking $1.04 billion road maintenance blitz to rebuild, repair, and resurface roads right across the state to get Victorians home sooner and safer,” the spokesperson told nine.com.au.
“We’re assisting the government with a review into the current legislation regarding claims for property damage compensation.
“Maintenance teams are currently out fixing roads across the state and continue to regularly inspect the road network for repairs.”
The bill for the damage was $3000 but Stanton did not receive a cent back in compensation. Nine.com.au
Victorian government vows to review pothole claim process
Data revealing the meagre number of drivers compensated in Victoria was released to the public this month after Stonnington councillor Tom Humphries submitted a Freedom of Information (FOI) request.
Just over 1800 drivers applied for compensation for pothole damage on state-managed roads. Only 23 of them were successful.
In a previous statement to nine.com.au, a Victorian government spokesperson said the compensation legislation was introduced over 20 years ago and that it is “fair to ask whether it still meets Victorians’ expectations”.
“The Carroll Labor government will look at the current legislation, and we’ll consider if we have the balance right,” the spokesperson said.
“But our firm focus is on fixing the roads.”
Stanton said he hoped a review would include examining past claim denials.
He is also wary of any major promises to fix Victoria’s crumbling roads.
The teacher-in-training lives in Koo Wee Rup, south-east of Melbourne, where the rural roads are in bad shape.
“I really have to actually actively avoid them. It can sometimes be dangerous,” he added.
“You see some cars swerve at the last second and almost cause incidents because of potholes and they don’t want to damage their car.”
Nine.com.au has contacted TfV for further comment.
Share a tip-off, video or photo with us
