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Insurance Claim - Highways

Introduction

Investigating Your Claim for Property Damage / Personal Injury

Please complete all sections of this form to ensure that your claim against Somerset County Council can be investigated thoroughly.

You must be over the age of 18 to complete the form if you are under the age of 18 you will require a parent or guardian to complete it on your behalf.

The Council deals with highway claims for property damage in the spirit of the framework set out by the UK Courts in the Pre-action Protocol. A decision on liability must be provided by the Council within 40 working days but only after you have provided sufficient written information for us to be able to investigate.

The Highways department prepares a full accident report for the accident location. This provides the detailed maintenance history, photographs and the complete documentary evidence for the location.

The Legal Background

The key Act governing highways claims is the Highways Act 1980.

By making a claim, you are stating that the Council has been negligent and/or has not fulfilled its statutory obligations in terms of the above Act. (In particular, Section 41 – “the duty to maintain”).

Claims may be re-directed to third parties, such as Council contractors or utility companies, as appropriate.

Fraud Prevention

The Authority is under a duty to protect the public funds it administers, and to this end may use the information you have provided for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds and compensatory bodies for these purposes.

In accordance with the Social Security (Recovery of Benefits) Act 1997, the Council are legally required to report all claims for personal injury to the Department for Work & Pensions.

The Council may pass information on your claim to the Motor Insurance Anti-fraud and Theft Register, run by the Association of British Insurers (ABI).

For further information see;

Visit www.gov.uk/government/collections/local-audit-framework-replacing-the-audit-commission