Frequently asked questions
When do I have to submit the claim form?
If you are claiming for property damage (including vehicle), you have up to five years to submit your claim from the date of the incident
If the claim is for personal injury, you have up to three years to submit your claim from the date of the incident.
Why do I need to complete the claim form?
The claim form allows us to gather all information needed for public liability insurance claims and allows us to pass it to our claims handling agent, who will investigate the claim and make a decision regarding liability. The claim form also contains essential anti-fraud declarations and information on GDPR (how the Council collects, uses, and shares personal information). Your signature is required on the form to ensure we comply with the procedures.
As a claim is a legal process, we also require a formal claim form as this may be relied upon in the event of court proceedings.
Why do I need to provide my personal details like date of birth and National Insurance Number?
Our claim form is a standard document used for various types of claims and so it may include some questions that will not be relevant to all types of claims.
On property or vehicle damage claims, the claimant’s date of birth is used to help with fraud prevention, however it is not a requirement, so you do not have to provide it.
If you are claiming for personal injury, your National Insurance Number and date of birth are required as part of the claim submission. Incidents are reported to the Compensation Recovery Unit (CRU) and are registered with the Department for Work and Pensions. This is a legal obligation and must be adhered to in every claim where injury is alleged.
Why do I need to provide information about my vehicle?
If you are claiming for vehicle damage, information about your vehicle will assist our claim handlers when considering compensation. If liability is not in dispute and compensation is offered, settlement is based on the value of the item less a deduction for wear and tear and not on a ‘new for old’ basis. Wear and tear is taken into account and the information about your vehicle will help to assess the value of your claim if there is no dispute over liability.
Why is compensation not always paid?
If you suffered injury or your property (vehicle) was damaged while you were using the road, you have the right to make a claim. However, there is no automatic right to compensation. The law makes it clear that highway authorities cannot be blamed for everything that happens on their roads. Whilst we appreciate that you may have suffered a loss, damage and / or injury, incidents can occur for which the Councill may not be liable for.
Submitting a claim starts a legal process and compensation is only offered where there is a legal requirement to do so. This is also in line with the Council’s fiduciary duty for use of public funds.
My claim has been rejected, how do I appeal this?
An independent claims handler decides whether your claim is made or not. If you do not agree with the decision, you will need to provide additional information directly to the claims handler. You are also within your rights to seek independent legal advice in relation to your claim.
Reviews can be done when 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 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 change.
The Council has no impact or involvement in the outcome of claims as it relates to legal liability. The Council cannot comment on or reverse any decision on liability.
You may also wish to seek independent legal advice through Citizens Advice Scotland.
I can’t provide you with the exact location of my incident. Can I still submit the claim?
Your completed claim form is your evidence of the circumstances of your claim as well as details of what you are claiming for.
Legally the responsibility is on you, the claimant, to prove your claim - this includes providing full details of the incident including accurate dates, locations and details. This information allows your claim to be properly investigated and to establish whether there is any legal liability.
If you are not able to identify where the defect in the road is that caused the damage / incident then it is unlikely that we will be able to progress your claim.
