Claim for damage caused by roads or pavements

Before making a claim you'll need consider:

• claim can be a lengthy process and may not result in a payout
• we'll fully investigate any claims as compensation is paid from public money
• the decision on liability will be based on the facts of each case, and the law
• we have a legal defence under Section 58 of the Highways Act 1980
• most claims are unsuccessful

This allows us a defence if we can show that reasonable steps were taken to maintain the highway. This means inspections and repairs being carried out as planned.

Your claim will only be successful if we have been proven to be negligent.

There may be times where we're not responsible for the location or defect that caused your incident.

In those instances, your claim will be sent to a third party.

You can dispute the decision of your claim if you feel you have a right to more money or believe that our decision is wrong.

In order for us to reconsider our decision, you will need to provide more evidence to support your claim.

We will need you to provide evidence to substantiate your loss.

Your claim against us is a liability claim and as such we are not required to refund you on a new for old basis. Take this into consideration before deciding whether to appeal the decision.

For example, claims which relate to tyre damage, we look at the age and mileage of your tyre and deduct an amount for 'wear and tear'.

We will not accept additional costs if we have not been notified:

• at the point of claim
• during the process

You have a responsibility to ensure that all invoices relating to the claim are provided.

Provide all information you feel is necessary.

It's recommended that you get any extra documents needed before any appeal is made. This is in respect of your own papers or those obtained via an Freedom of Information (FOI) request.

Include all relevant documentation and send your appeal to:

Strategic Insurance and Claims Team
Deputy Chief Executive Directorate
Walton Street Offices
Aylesbury
Buckinghamshire
HP20 1UD

Or you can email your appeal to [email protected].

We'll re-investigate your appeal as soon as we receive it and issue a response to you within 28 working days.

If we cannot provide a full response, we will ensure that you are kept informed of the process.

We'll only review your claim once at appeal. Any further requests will be refused.

We are required to publish data showing the:

• number of highways property damage claims received
• number of those claims paid
• total value of those paid out each year

This data relates to all claims received with an incident date within each calendar year. This information is updated quarterly.

Email: [email protected]