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 costs money. This money could be used for 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. 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
- 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 we are not legally liable to pay your claim. This is usually when the defect has appeared since the last inspection and we have not been notified.