Our Duties
Section 41 of the Highways Act 1980
imposes upon the County Council the duty
to maintain highways. To ensure that our
obligations are met the County Council has
in place a system of inspections for roads
and footways.
The frequency of the inspections varies,
dependant upon the classification of the
road/footways. When a defect is identified
at an inspection or otherwise reported,
necessary repairs will be carried out.
 | The Law and You
In Law, for a claim against a highway
authority to succeed, it is necessary for the
claimant to prove that
- the 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 their
accident
If these can be proved then it is for the
highway authority to demonstrate that it
took all reasonable steps to ensure 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.
Therefore, if your claim involves a defect in
the highway that results in subsequent
repair, it does not imply an acceptance of
liability by WCC for the claim.
In the event of damage to a motor vehicle
the responsibility for authorising repairs is
with the owner.
Acceptance or denial of the liability for
your claim will be made by the insurance
company. Officers of the County Council
cannot accept or deny liability on behalf of
the authority.
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Third Party Insurance
Notes for Claimants
Please Note That:
There are some cases where
Warwickshire County may not be
responsible for the location or type of
works being undertaken but you will be
advised by E&ED if your claim requires to
be referred elsewhere.
For example
a) Where the incident occurs outside
highways limits. This can include:
i) Shop frontages
ii) private roads not adopted by the
Highway Authority.
b) At Statutory Undertaker roadwork sites,
e.g. Transco, Powergen, Severn Trent
Water Ltd and BT or construction sites
carried out by a private company.
c) On Trunk Roads and Motorways
maintained by consultants on behalf of
the Highways Agency.
d) Where District Councils carry out
environmental duties on County
roads, e.g. grass cutting, sweeping,
etc.
e) Where claims for damage or personal
injury arise from trees and hedges
which may be the responsibility of the
adjacent landowner
| What We Will Do
1. A claim for compensation as a result of
an accident should include the date
and time of the incident, the precise
location where the incident occurred, a
sketch plan and photographs of the
location and the details concerning the
loss together with any other
supporting documents to substantiate
your claim.
2. Upon receipt of your claim it will be
acknowledged within ten working days.
3. The claim will be processed by
Financial Services staff in the
Environment & Economy Directorate.
Tel: 01926 412537
4. An investigation concerning your claim
will be undertaken which will involve
site inspections and a collection of
reports and records. This will take
approximately 20 working days.
5. Following any investigation the details
of your claim together with reports etc
will be forwarded to the Council’s
insurers for consideration via the
Performance and Development
Directorate.
6. You will be notified in writing advising
you of the progression of your claim at
every stage of the investigation process
by Environment Economy Directorate.
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Your claim will be dealt with sympathetically and assessed on it’s merit. However, if liability for the claim is denied compensation will not be paid.
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CLAIMS SHOULD BE SENT TO:
Financial Services,
Environment & Economy Directorate
PO Box 43,
Shire Hall,
Warwick, CV34 4SX
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