Claims

How likely is my claim to be successful?

We are unable to comment on the likelihood of a claim being successful as it will rely upon several factors.

Is the highway authority responsible for every defect?

No. The existence of a defect does not in itself constitute a legal liability. The courts have accepted that we cannot be on hand at all times to repair or put right each and every defect or remove every piece of debris the moment it arises on the road.

We inspect the roads at regular intervals and arrange for repairs or removal of hazardous defects within a reasonable period of time. The courts have accepted that we are not liable if we have taken appropriate measures.

I can't provide a photo, it was dangerous to get out of my car. Can I still send in the claim?

Yes, so long as you can provide details of the exact location. Provided you accurately describe the location — for example, with reference to a nearby house, landmark, or a Google image of the location.

I've returned my claim form, but I haven't heard anything yet. How do I get an update?

We aim to send an acknowledgement email within 21 days of receiving your claim information. Please note that 21 days is only a guideline and may be longer during busy periods.

The insurers have advised me they are waiting for documents from Staffordshire Highways. What's happening?

We aim to provide our reports to our appointed insurance claims handler as soon as is reasonably possible. However, during busy periods the report may be delayed. Please bear with us.

The defect was repaired after the incident. Is this an admission of liability?

No. The repair of any defect is not an admission of liability. We have a statutory duty to repair or make safe any defect that is hazardous within a reasonable period of time, once it has become known.

It may be, however, that the defect was not reported until after your incident. The fact that a defect has been repaired does not imply that it was a hazard. Most repairs are carried out purely as routine maintenance.

My claim has been rejected. How do I appeal this?

Reviews are carried out where significant new evidence is provided or facts are contested. If you have new evidence or disagree with the facts of the claim, you may write to the claims handler involved clearly stating the reasons why you wish your claim to be reviewed.

Although a claim may be reviewed, this does not mean that the original decision will be altered. Please follow the appeal process outlined in the letter you received advising you of the outcome of your claim.

Why is compensation not always paid?

Compensation is not automatic. Just because you have had cause to claim does not by itself mean that you are entitled to receive compensation. Claims are considered and decided according to the highways policies and procedures and the law.

When, having weighed all the evidence provided by you, it is believed that the courts would find the highway authority free of liability, then no compensation will be paid.

Can I claim from my own insurance and get them to claim back?

Yes, this is one way in which you can recover your loss, subject of course to the insurer accepting the claim.