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Road-controlling authorities in New Zealand — usually the local council or NZTA — have a legal duty to maintain roads and footpaths in a safe condition. When a pothole, road defect, or poorly maintained footpath causes damage to your vehicle, or causes you to trip and fall, you may be entitled to compensation. Refund reviews the circumstances, identifies the responsible authority, and lodges a formal claim on your behalf. You pay nothing unless the claim succeeds.

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What you can claim for

Pothole damage to your vehicle

A tyre blowout, rim damage, suspension damage, or other vehicle harm caused by a pothole or road defect that the authority failed to repair.

Trip and fall on a footpath

An injury or property damage caused by a cracked, sunken, or poorly maintained footpath — the authority is responsible for ensuring footpaths are safe to use.

Other road defect damage

Damage caused by loose chip seal, unmarked excavations, unsafe road furniture, or other maintenance failures on a public road or path.
The road-controlling authority (your local council or NZTA) is responsible under the Local Government Act 2002 and common-law negligence principles for maintaining roads and footpaths in a reasonably safe condition. Where a known or foreseeable defect causes damage and the authority failed to remedy it within a reasonable time, a compensation claim can be lodged against that authority.

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How Refund handles your road damage claim

1

Describe what happened

Tell Refund where and when the incident occurred — the street address or nearest intersection, the date and time, and a description of the defect (pothole, cracked footpath, loose seal, etc.).
2

Describe the damage and its cost

What was damaged — a tyre, rim, clothing, or personal injury — and what it cost or is expected to cost. Invoices, repair quotes, and medical receipts all support the claim.
3

Upload your photos

Photos of the defect and photos of the damage are the most important evidence in a road damage claim. Upload everything you have — they don’t need to be professional quality.
4

Review and approve the claim

Refund identifies the responsible road-controlling authority, calculates what you’re owed, and drafts a formal claim letter for your approval before it is sent.
5

Refund follows up

Once approved, the agent lodges the claim and chases the authority for a response, following up until a decision is reached.
Photos taken at the scene are the single most important piece of evidence in a road damage claim. A clear photo of the pothole or footpath defect, alongside a photo of the damaged item (tyre, rim, or injury), significantly strengthens your case. If you’re able to, take them immediately after the incident before the defect is repaired.
Road damage claims are lodged against the road-controlling authority responsible for that particular road or footpath — usually your local council for local roads and footpaths, or NZTA for state highways. Refund identifies the correct authority from the location you provide.

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What you’ll need

Location and date

The exact street address or nearest intersection where the incident occurred, and the date and approximate time it happened.

Description of the defect

What the hazard was — pothole, cracked footpath, loose road surface — and how large or severe it appeared.

Photos of the defect

Clear photos of the pothole, crack, or other defect. Include something for scale if possible (a coin, a shoe, or your hand next to the defect).

Photos and costs of the damage

Photos of the damaged tyre, rim, or clothing, plus invoices, repair quotes, or medical receipts confirming the cost.

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Prefer to hand it off entirely?

Go to refund.co.nz/case/damage, describe the incident, and upload your photos and receipts. Refund drafts the claim and sends it once you’ve approved it.

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Frequently asked questions

Photos are very helpful but not always essential. A repair invoice, witness account, or a report the defect was already known about can sometimes support a claim even without scene photos. Start a case and Refund will assess what evidence you have and whether the claim is viable.
The sooner the better — defects are repaired, evidence fades, and limitation periods apply. While New Zealand’s Limitation Act 2010 generally allows up to three years for a negligence claim, lodging early means better evidence and a faster resolution.
NZTA (Waka Kotahi) is the road-controlling authority for state highways and is responsible for maintaining them to a safe standard. Refund identifies the correct authority from the location you provide and directs the claim accordingly.
Yes. A trip and fall on a poorly maintained footpath can give rise to a claim for both medical costs and any property damaged in the fall (e.g. a broken phone or torn clothing). Include all relevant costs when you start your case.
Nothing unless Refund recovers compensation for you. The success fee is 25% of what is saved or recovered; if the claim is unsuccessful, you pay nothing.