Pothole Damage Claim

Martin Cutler made this Freedom of Information request to Cannock Chase District Council as part of a batch sent to 30 authorities

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Cannock Chase District Council did not have the information requested.

Dear Cannock Chase District Council,

Please could you provide the process in which motorists should use to make a claim against the council for pothole damage to vehicles.

It would be appreciated if you could include the name of the department responsible for handling claims, telephone number, email address and postal address.

Is there a timeframe in which the claim must be made after the incident and repairs are completed?

Also is there any other information required apart from date/time location, photos of locus, vehicle damage and repairs invoice in order to make claim?

Yours faithfully,

Martin Cutler

Info Manager, Cannock Chase District Council

Thank you for your email.

 

If it is in regard to a Freedom of Information request you will receive a
response from us within 20 working days of the date of this email.

 

Thank you

Information Manager

Cannock Chase Council

 

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Info Manager, Cannock Chase District Council

Dear Mr Cutler

 

Thank you for your request for information.

 

Cannock Chase Council are not a Highways Authority and therefor do not
undertake any repairs on the public highways. This is carried out by
either Staffordshire County Council or the Highways Agency within our
district.

 

As you don’t define whether you are requesting information just on
highways we have included our protocol for our public car parks.

 

If a pothole in a public car park causes damage to an individuals vehicle
they could claim through our Public Liability policy. 

 

·         All claims would be investigate but it is down to the individual
to contact the Council in the first instance if they feel they have been
negligent in there duties. 

 

·         After receiving initial contact with a potential claimant we
would send out our claim form which needs completing, attaching photos,
location map pin pointing area and an estimate for the repair/replacement
which will then enable us to gather all the facts.

 

·         Once location has been identified the service area will visit
the site and report back to the Insurance Department, arranging any works
should it be an actionable defect.

 

·         Claims should be reported as soon as possible if the evidence is
not there at the time claim is received then we would not accept
liability.

 

·         Maintenance records are required from the service area.

 

·         Once all facts have been reviewed a decision on liability is
made.

 

·         If we accept liability for a claim under our Public Liability
Policy we can only reimburse for the loss incurred so any
repair/replacement would need to have been paid for by the claimant in the
first instance.  When we receive the invoice then we will raise a payment.

 

·         If we repudiate a claim and the claimant is not happy there is
an appeal process in place.

 

·         If a PL claim is for property damage and below £1000.00 it will
be dealt with in house, if the cost exceeds this we will refer the matter
to our insurers. 

 

·         If any personal injury is involved in a claim we send this
straight to our insurers for them to deal with.

 

If you have any queries relating to how your request has been handled in
relation to the Freedom of Information Act 2000 please feel free to
contact me.

 

You can also complain to the Information Commissioner at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone:   01625 545 700

[1]www.ico.org.uk

 

Yours sincerely,

 

Information Manager

Cannock Chase Council

 

 

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