Highways Defects and Claims

Helping us reduce the number of defects also helps reduce accidents and successful claims. This reduces payment from highway funds, allowing more time to be spent on maintaining roads and footways.

If you have an accident that was contributed to by a defect in the highway, you may be able to claim reimbursement of your losses if you can prove that the Council has failed in its duties.

In law, for a claim to succeed it is necessary for the claimant to prove that:

• that highway in question has not been maintained appropriately with regard to its importance and use and was therefore dangerous;
• this was the direct cause of the accident.

If these can be proved, it is up to the highway authority to demonstrate that it took all reasonable steps to ensure that the highway was safe. In practice, this means that all inspections and repairs carried out form the basis of the authority's statutory defence against any claim under the Highways Act 1980.

If an incident occurred as a result of works carried out on the highway by a utility company or contractor, your claim may be against them and not the highway authority.

Processing unsuccessful claims is a costly drain on staff time, diverting resources from frontline services. Please think carefully before making a claim.

Last Updated: 28 April 08,
Review Date: 20 September 2005