Highway incidents - claiming compensation for injury or damage
Severe weather 2014
Please note as a result of the ongoing weather emergency, we have had to re-prioritise our workloads. Accordingly, claims for vehicle damage as a result of road surface defects are taking longer to assess. Our usual commitment to give our views on liability and the outcome of any claims for compensation within 30 days for damage only claims and 90 days for personal injury claims cannot be met at present.
We apologise for any delays to all current and future applications. We will do our best to resume normal timescale as soon as possible.
Please note that all requests for highway inspection data may be similarly delayed.
Your safety is our first priority
The County Council aims to ensure that everyone has a safe journey when using Hampshire’s roads.
Unfortunately incidents can occur due to defects with the roads. If you do suffer damage to your vehicle or are injured because of a road defect, it is important that you report the fault immediately.
If you suffer loss or injury as a result of an incident you also have the right to claim compensation.
Download claim form: personal injury and damage to property 105kb (updated December 2013)
Download claim form: damage to property only 105kb (updated December 2013)
The Claims Portal
Solicitors, claims managers and other professional representatives for personal injury claimants should note that the County Council is registered on the Claims Portal and will receive personal injury claims submitted there.
What happens when you make a claim
please complete the claim form giving full and accurate details of the incident. Photographs of the defect involved in the incident will be of particular assistance with our investigation
for claims involving a vehicle, please supply evidence of your right to drive that vehicle on the public highway (eg copies of your Driving License, Insurance Certificate, MOT Certificate, etc.) and the original repair documents and receipts so that we can asses the value of your claim
the County Council will acknowledge receipt of your claim within 5 days
we will carefully investigate your claim considering all the known facts and the law
we will accept or reject your claim, depending on whether or not we consider a court would award compensation on the facts presented
we will inform you of our views on liability and your claim for compensation in writing, usually within 30 days for damage only claims and 90 days for personal injury claims
Please be aware that many claims are rejected because
there is no automatic right to compensation
the law recognises that the highway network cannot remain in perfect condition at all times and that defects will arise
the County Council does not have to pay compensation when we can prove that we have fulfilled our obligations to carry out inspections and undertake repairs. We are able to do that in most cases
If we reject your claim, you still have the right to pursue the matter through the courts. However, you may wish to consider seeking independent legal advice before taking this course of action
You should also note that
County Council procedures are the same whether you make a claim directly, or through a third party.
we can normally supply road inspection data without the need for you to make a formal request under the Freedom of Information Act. This only duplicates the work we have to do to process your claim in any event and so can divert us from other duties
we are obliged to detect and prevent fraudulent claims. We may therefore pass your information to other bodies including the Claims and Underwriting Exchange (CUE) run by Insurance Database Services Ltd (IDSL) and the Motor Insurers Anti-Fraud Register run by the Association of British Insurers (ABI)