Public Liability Claims
The law requires us to maintain all highways we have responsibility for. All claims relating to the A11 and A47 are managed by Highways England – you can contact them direct by telephone on 0300 123 5000, or email their customer service department.
To identify the level of maintenance required a programme of inspection is carried out. The frequency of inspection is dependent upon the classification of the road or path.
When a defect is identified on an inspection or is otherwise reported, any necessary repairs will be carried out or the area made safe.
Although our inspection process is robust and follows national standards, we also rely on the awareness of members of the public to report areas of concern so that appropriate action can be taken.
We will ensure that all reported concerns are followed up and receive the appropriate response or action.
Making a claim
If you are involved in an incident that you consider to have been caused by Norfolk County Council you may be able to claim compensation.
It is however important to understand the circumstances in which Norfolk County Council can be held responsible and a little of how the civil claim process operates.
The law sets out what is meant by maintenance, and some things are excluded, for example, it does not include keeping a road free of mud, debris or water.
If you think that we have in some way failed to maintain the highway, then you will have to prove this. You will have to show that the highway in question has not been maintained appropriately with regard to its importance and use and was therefore dangerous.
If this can be proved you then have to show that this was the cause of the incident, and that you have suffered a loss as a result. Even if you can prove these things, the law gives a defence to the Highway Authority, and it will not have to compensate you if it can demonstrate that we took all reasonable steps to ensure the highway was safe. This means that all inspections and repairs had been carried out as planned or reported.
Unfortunately incidents do occur, however very few are actually attributable to negligence on the part of us as Highway Authority and as such, the majority of claims brought against Norfolk County Council are successfully defended.
If your claim involves a defect on the highway that results in subsequent repair, this does not imply an acceptance of liability by Norfolk County Council for the claim.
Think carefully before making a claim. We must protect the public funds we handle. The cost of processing unsuccessful or fraudulent claims diverts these funds from valuable front line services.
We may use the information relating to your claim to prevent and detect fraud. We may also share this information, for the same purposes, with other organisations that handle public funds.
If you wish to make a claim you will need to complete the Norfolk County Council Third Party Liability Incident Form, providing full details of the following:
- Exact location of incident
- Time, date and weather
- Direction of travel, by foot or vehicle
- Sketch of incident location and photographs, if available
- Detail of damage* or injury** suffered
- Why you believe the Highway Authority is responsible for your incident
For vehicle claims you will also need to provide:
- Proof of vehicle ownership
- Copy of current MOT and Insurance Certificate
- Date of last service carried out
- Two independent estimates for repair (unless repair was required immediately, eg broken windscreen)
For personal injury claims, you will need to supply your:
- National Insurance number
- Date of birth
- Documentary evidence in support of any other losses
In addition we may seek permission to access your medical records.
When your claim is received we will:
- Acknowledge receipt of your claim within 21 days for injury claims, and within seven days for property damage claims
- Thoroughly investigate the particulars of the claim
- Either produce sufficient evidence to refute your claim or accept your claim within 90 days of our acknowledgement
We may not be responsible for the location or type of works being undertaken for example, utility operations like gas, electric, water, etc, trunk roads and private properties. In these circumstances we will endeavour to advise you of this as soon as is reasonably practicable.