Please think carefully before making a claim. Any compensation is paid from public money and we must protect the public funds we handle. The cost of investigating unsuccessful or fraudulent claims diverts money away from important front line services.
The majority of claims brought against us are successfully defended. You should be aware that we check all claims to prevent fraud and your details may be shared with other organisations to carry out further checks.
The presence of a defect in the highway does not automatically mean we are liable to compensate you if you suffer injury or damage to your property. We have a duty to maintain all the highways we are responsible for. Our highway inspection and repair regime is carried out in accordance with national agreed guidelines.
If you think we have failed to maintain the highway, you will have to prove this by showing that -
- the highway has not been maintained appropriately with regard to its importance and use and was therefore dangerous
- that this was the direct cause of the incident and that you have suffered a loss as a result
Even if you can prove these things, we do not have to compensate you if we can demonstrate we took all reasonable steps to ensure the highway was safe. This means that all inspections and repairs have been carried out as planned or reported.
Where we have fulfilled our duty to inspect and repair, but were unaware of the defect related to your incident (usually when the defect has appeared since the last inspection and we have not been notified) we are not legally liable to pay your claim.
How to make a claim
You must complete a claim form in full. You can download the claim form below.
You need to include -
- the exact location of the incident
- the time and date
- weather conditions
- direction of travel
- by foot or vehicle
- a sketch of the location
- photographs if possible
and why you believe we are responsible. You must provide original invoices for repairs and, where possible, invoices for the original purchase of the damaged item.
We consider your claim, look at our own evidence and, if we agree that we are liable we make you an offer based on the value of the damaged items. If we do not agree, you are told in writing and provided with an explanation of the decision.
There is no timescale for when a claim will be fully processed as each individual case is different.
If you need more advice, the Citizens Advice and solicitors can help.