Incident claim

If you suffer loss or injury as a result of an incident you may have the right to claim compensation

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 (such as private utilities).

What happens when you make a claim

Every claim is investigated and assessed. The County Council will acknowledge receipt of your claim within 5 working days.

We will carefully investigate your claim considering all the known facts and the law. We will accept or reject your claim, depending on whether or not we consider a court would award compensation on the facts presented. If we accept liability, or when the court upholds a claim, claims will be settled promptly.

We will inform you of our views on liability and your claim for compensation in writing, usually within 90 days.

Claiming for damage

You will need to supply copies of the following documents:

  • any estimates, quotes and receipts
  • photographs of defect and surrounding area to show location
  • photographs of damage

You may later be asked to produce additional documentary evidence before payment of any successful claim In case of vehicle damage this may include:

  • vehicle MOT certificate
  • drivers insurance certificate
  • driving licence
Claiming for personal injury

You will need to supply copies of the following documents:

  • claimant’s date of birth and National Insurance number
  • claimant’s doctor and hospital / medical centre address with dates of attendance

Due to the nature of personal injury claims, no details of costs incurred by the claimant are required at this stage. This information will be obtained at a later date, should the claim be successful.

Reasons claims are rejected
  • There is no automatic right to compensation
  • The law recognises that the highway network cannot remain in perfect condition at all times and that defects will arise
  • The County Council does not have to pay compensation if we can prove that we have fulfilled our obligations to carry out inspections and undertake repairs. We are able to do that in most cases
Apply

Following a higher than usual volume of customer contact, claims for vehicle damage as a result of road surface defects are taking longer to assess. As such it may not be possible to meet our usual targets to give our views on liability and the outcome of any claims for compensation. We apologise for any delays to all current and future applications. We will do our best to resume normal timescales as soon as possible.

If you're happy you understand the conditions and want to go ahead:

Solicitors, claims managers and other professional representatives for personal injury claimants should note that Hampshire County Council is registered on the Claims Portal and will receive personal injury claims submitted there.