RACQ Membership

Rocks flung up by other vehicles have damaged my car. Can I do anything?

If you sustain damage to your vehicle as a result of another motorist flinging up a rock in the course of travelling along a road, you can't claim against the other driver as they are not responsible for the rock being there or the condition of the road.

Any action relating to damage caused to a vehicle by the condition of a road would need to be directed against the relevant local Council or Authority (eg Main Roads). However the Council or local Authority will not be liable for repairing the damage to the motorist’s vehicle unless you can prove that the Council or other Authority had actual knowledge of the particular risk that caused the damage. (See What can I do if my car is damaged by a pothole? relating to damage caused by bad roads and Civil Liability Act 2003).