Claims

Accidents Causing Injury or Damage

If you’ve been injured or your property has been damaged while using the road, you can make a claim for compensation.
However, there is no automatic right to compensation.

When the Council Is Liable

• A highway defect does not automatically mean the council is legally responsible.
• The law says highway authorities must have a reasonable system to identify and repair safety defects within timescales based on risk.
• We inspect all public roads regularly – monthly, quarterly, or annually depending on road type.
• We also investigate reports from the public via our online reporting system or the MyStaffs app.
• Defects are risk assessed and prioritised for repair.

The council is only liable if:

• We fail to maintain these systems and processes, or
• Repairs take longer than the timescale set for the level of risk.

Making a Claim

Before you submit a claim:

• Gather evidence of the defect and the damage caused.
• Include photographs of the location and damage where possible.

Once we receive your claim form:

• We investigate the circumstances and review your evidence.
• Our claims handlers assess legal liability and tell you if your claim is accepted or rejected.
• Sometimes another party may be responsible for the incident.

Evidence You Need

• Property damage – Receipted invoices for repairs. Keep copies before sending originals.
• Personal injury – Medical evidence from your doctor and proof of any loss of earnings.

By law, you must keep your losses to a minimum. For property damage, repair it as soon as possible. Compensation is based on the original loss only.

Decision Process

• The decision is based on facts and the law.
• If a court would reject the claim, we will too.
• If a court would award compensation, we will offer to settle.

Fraud Warning

Making a fraudulent or exaggerated claim is a criminal offence.
We share information with other government, legal, and insurance bodies to prevent fraud and protect public funds.

Timeframes

• We acknowledge your claim within 21 days.
• Our insurance claims handlers aim to decide on liability within 3 months.
• Timescales may be longer during busy periods, such as winter.