Claims for compensation

Transcription

1 Claims for compensation Relating to an incident on the highway or footway which resulted in personal injury and/or damage to property Introduction This document is about compensation claims for incidents on highways and footways managed by Hampshire County Council. Hampshire County Council is not responsible for claims relating to the Portsmouth and Southampton Unitary Authority areas, Motorways, private or unadopted roads and footways. Our duties Hampshire County Council has a duty to maintain its roads and footways applicable to its classification. This duty is balanced by the need for users to take into account the condition and type of use of the highway / path and to use it appropriately. The Council identifies the level of maintenance required through a programme of inspections. The frequency of inspections is dependant on the classification of the road or footway and is based on nationally recommended standards. When a defect is identified through an inspection, reported to the Council by a member of the public or other third party source, any necessary repairs will be carried out or the area made safe until a long-term or permanent repair can be undertaken. How you can help Defects can occur at any time, and, with 5280 miles of road in Hampshire to look after, it is not possible for us to repair all damage as soon as it is reported to us. We therefore have to prioritise those that are considered potentially dangerous. We do rely on members of the public and organisations to inform us of defects. Please contact us direct by calling or through the website at: The Law Hampshire County Council has a duty to maintain the highways and footways it is responsible for. The Council does not have an obligation to keep the roads and paths free from all mud, debris and water. However, we will endeavour to clear this when time and resources permit, or if it is considered a hazard which requires action. Hampshire County Council is not responsible for private or unadopted roads and paths, Motorways, works carried out by third party contractors and statutory undertakers (eg, private utilities). Should I claim? Please consider carefully whether you should make a claim against the Council. We have a duty to protect public funds and the cost of investigating and processing unreasonable or fraudulent claims. Hampshire County Council will treat the submission of false claims, or the deliberate withholding of information, very seriously. We may use and share information relating to the claim to prevent and detect fraud. If you think that the Council has failed to maintain the highway / footway to a safe standard, then you need to prove this. You will have to demonstrate that the highway has not been maintained appropriately with regard to its type of use and is therefore dangerous. You will also have to show that this defect led to the direct cause of the incident or injury and you have suffered a loss. It is an accepted defence for the Council to demonstrate that it took all reasonable steps to ensure the highway was safe. It is also an accepted defence for the Council to demonstrate that it was unaware of the presence of the defect at the time of the incident.

2 If you wish to claim against Hampshire County Council In order to process the claim it is important that you provide us with full and accurate details including: Full name, address and contact details. Date and time of the incident. Precise location ideally a map and photographs. If a sketch is more appropriate, please include accurate road names, adjacent building / landmark details so that it is clear for us to identify the location. An account of any damage and/or your injuries. Weather conditions at the time. If you reported the incident to the Police or other organisation, please include any reference or Police Incident numbers. Name and address of any witness. Copies of any invoices / bills / receipts relating to the incident. Claiming for damage to your vehicle Please ensure you supply copies of the following documents: Vehicle MOT certificate* Driver s Insurance certificate* Driving Licence Photo card and paper counterpart if you have one Any estimates, quotations and repair receipts. Vehicle details Make / Model / Registration / Service and MOT records / Mileage, etc. *MOT and Insurance documents provided must cover the date of the incident. Claiming for personal injury Claimant s date of birth and National Insurance number. Claimant s doctor and hospital / medical centre address with dates of attendance. How we process your claim Claims for damage only should be sent to the Highways Office covering the area where the incident occurred. Claims for injury (or injury and damage) should be sent to Legal Services. This information and appropriate addresses is provided with the claim form. Once received, all claim forms and associated documents are checked to ensure there is sufficient information to proceed. Once this is confirmed an acknowledgement letter will be sent to you and an investigation will start. Should there be insufficient detail for us to accurately identify where the incident occurred, or we are missing particular information which has been requested, we will let you know and give an opportunity to send in the missing details or resubmit your claim. Regarding damage only claims, a thorough investigation will be undertaken by Hampshire County Council s Highways staff and your claim will then be submitted to Hampshire County Council s Legal Services for consideration. Once they have reached a decision on the outcome they will send the result out to you. Regarding injury claims, Legal Services will liaise with Highways as required throughout the investigation, and once complete will contact you with their decision. Every claim is determined on its own merits applying legal principles, and it is the Council s policy to defend all claims where it considers that it has not been negligent or in breach of its statutory duty to maintain the highway. For further information, please go to the website.

3 1.1 HIGHWAY INCIDENT CLAIM FORM - PERSONAL INJURY ONLY / INJURY AND DAMAGE COMBINED Please read the information provided about the claims process before completing this form. Please note that this form should NOT be used as a Damage Only claim. SECTION 1: CLAIMANT DETAILS Title: First Name or initial: Surname: Address: Post code: Daytime telephone number: Mobile phone number: Date of Birth: address: 1.2 IF SOMEONE OTHER THAN THE CLAIMANT IS COMPLETING THIS FORM, PLEASE PROVIDE THE FOLLOWING INFORMATION. THIS MIGHT INCLUDE DETAILS OF A SOLICITOR OR CLAIMS COMPANY WORKING ON BEHALF OF THE CLAIMANT. Title: Full name: Address: Post code: Relationship to claimant: SECTION 2: DETAILS OF THE INCIDENT IMPORTANT INFORMATION: PLEASE NOTE THAT IT IS NECESSARY FOR US TO EASILY IDENTIFY THE SPECIFIC LOCATION OF THE INCIDENT IN ORDER TO PROCESS THE CLAIM. PLEASE PROVIDE ACCURATE DETAILS, AND IF POSSIBLE, INCLUDE MAPS AND PHOTOGRAPHS TO ACCOMPANY ANY DRAWINGS, SKETCHES AND NOTES YOU MAY INCLUDE. PLEASE INDICATE THE DIRECTION OF TRAVEL, DISTANCES FROM JUNCTIONS, ADJACENT LANDMARKS OR BUILDINGS, AND ANY OTHER IDENTIFYING DETAILS WHICH WILL HELP US LOCATE EXACTLY WHERE THE INCIDENT OCCURRED. PLEASE ATTACH ALL DOCUMENTS TO THIS CLAIM FORM AND LIST WHAT YOU HAVE PROVIDED IN THE SECTION 2.2 BOX. 2.1 Date of incident (DD/MM/YYYY): Time of incident (am/pm or 24hr): Location of incident: Road / Street name: Outside house / landmark, etc: Village / Town / City: Post Code (if known): Ordnance Survey grid reference (if possible):

4 2.2 Please list all attached documents: 2.3 Location conditions at the time of the incident: Condition of the highway / footpath surface? Dry Wet Icy Visibility? Clear Foggy Raining Snowing Were there any road works or road restrictions in force? Yes No Other details: Please describe precisely the defect or problem with the Highway and include measurements where necessary: Size / area - cm / inches: Description / Notes: Footpath - Slabs Footpath - Uneven surface Footpath - Repairs Footpath - Drainage / utility cover Carriageway - Pothole Carriageway - Uneven surface Carriageway - Repairs Ice / Snow on the road, carriageway, path Vegetation How did the incident occur? 2.6 Why do you think the Council is liable? Did you notify the Police of the incident? Yes No Incident number Did you notify any other Authority of the incident?

5 2.9 Were there any witnesses to the incident? Yes No Witness name: Witness address: Is the witness known to you? State relationship to claimant: Witness name: Witness address: Yes No Is the witness known to you? Yes No State relationship to claimant: SECTION 3: PERSONAL INJURY DETAILS 3.1 Description of personal injury sustained (include details of any treatment received): Attach additional notes if required Name of Hospital or medical centre attended: 3.2 Information required for Compensation Recovery Unit: Claimants National Insurance Number: Claimants Employer's Name and Address: Post code: SECTION 4: VEHICLE DAMAGE (IF APPLICABLE) Make: Model: Registration: Mileage: Date of last Service: Date of last MOT: Name and address of Registered Owner if different from the claimant 4.3 Are you VAT registered? Yes No

6 4.4 Name and address of vehicle insurer Policy / Certificate number: Type of cover: Have you informed your insurer that you intend to claim? Yes No PLEASE CONFIRM YOU HAVE ATTACHED THE FOLLOWING WITH THIS CLAIM FORM. WE ARE UNABLE TO PROCESS THE CLAIM WITHOUT THESE DOCUMENTS. NOTE - THE DOCUMENTS CAN BE COPIES BUT THEY MUST REFER TO THE DATE OF THE INCIDENT. Driving Licence: MOT Certificate: Vehicle insurance certificate: Please give full break down of all damage caused and/or costs involved. Attach copies or originals of all invoices. 4.8 If the claim relates to tyre damage: Approximate age of the damaged tyre? Depth of tread remaining in the damaged tyre? SECTION 5: PERSONAL PROPERTY CLAIMS (IF APPLICABLE) 5.1 Please give full break down of all damage caused and/or costs involved. Attach copies or originals of all invoices. 5.2 Name and address of insurer Policy / Certificate number: Type of cover: 5.7 Have you informed your insurer that you intend to claim? Yes No

7 SECTION 6: DECLARATION DATA PROTECTION - YOUR PERSONAL DATA WILL ONLY BE USED TO PROCESS YOUR CLAIM AND FOR NO OTHER PURPOSE. YOUR NAME AND ADDRESS WILL BE RECORDED IN OUR DATABASE AND WE ARE OBLIGED TO INFORM YOU THAT INFORMATION PROVIDED TO US MAY BE PASSED TO OTHERS FOR THE PURPOSE OF DETECTION AND PREVENTION OF FRAUD. THIS INCLUDE, BUT IS NOT LIMITED TO, THE CLAIMS AND UNDERWRITING EXCHANGE (CEU) RUN BY INSURANCE DATABASE SERVICES LTD (IDSL) AND THE MOTOR INSURERS ANTI FRAUD REGISTER RUN BY THE ABI. IN DEALING WITH A CLAIM WE MAY SEARCH THESE AND OTHER REGISTERS. I DECLARE THAT THE INFORMATION I HAVE GIVEN ON THIS FORM AND ANY ASSOCIATED DOCUMENTATION IS TRUE AND COMPLETE. I AM AWARE THAT I MAY BE LIABLE TO PROSECUTION IF I HAVE PROVIDED THE AUTHORITY WITH INFORMATION THAT I KNOW TO BE FALSE. Signed: Date: Please return your completed Claim Form and any associated paperwork to: Hampshire Highways HQ Capital House Andover Road Winchester SO23 7BH If you have any general queries, please contact Hantsdirect on , or refer to the web site: