Making a claim for damage to your vehicle

The law

There is no automatic right to compensation.

The law gives a defence to Kent County Council as a ‘Highway Authority’ against claims for compensation in recognition that the highway network cannot remain in a perfect condition at all times and defects will arise.

We have a duty to take reasonable steps to maintain the highway network within our jurisdiction. The steps taken depend on the classification of the road. We will not have to compensate if we can demonstrate we took reasonable steps to maintain the highway. This means inspections and repairs were carried out as planned or reported.

In order for a claim to succeed, there must be clear evidence we have been negligent in our role as the highway authority. The fact a defect may have developed within the highway network and caused damage does not in itself mean we are liable to pay compensation.

Because of the legal defence available the majority of compensation claims are unsuccessful.

Before claiming

Please think carefully before you submit a claim.

All claims are investigated so even the cost of us processing your request diverts money away from important front-line services.

Any compensation is paid out from public money, so we will always remain robust in justifying the claim.

What happens if I make a claim?

• You will need to complete a claim form with full and accurate details. Only once you have provided full details will your claim be processed.
• The circumstances of your claim will then be carefully investigated by us. You may be required to attend a site meeting with an official.
• Once the circumstances of your claim have been investigated, you will be informed in writing of our view on liability. If we are unable to meet your request for compensation you will be provided with a written explanation for this decision.

How is a claim decided?

All claims are investigated and decided on an individual basis. The decision on liability will be based on the facts of each case and the law. Ultimately, it is only a court that can decide if we are liable to pay compensation. We are mindful of a court's likely interpretation of each claim when making a decision on liability.

If it is considered that a court would not award compensation then a claim will be rejected.

Evidence of damage or financial loss

The law requires you to keep your losses to a minimum meaning you remain responsible for arranging repairs as soon as possible. Original repair documents and receipts will always be required in support of your claim.

If the cost of repairs are is likely to exceed £500 we may wish to inspect the damaged property before repairs are carried out.

Professional fees

You have the right to seek independent legal or other professional advice. It would be inappropriate for us to advise you whether or not to instruct a third party to act on your behalf.

We have well-established procedures for dealing with compensation claims, which remain the same whether you make a claim directly or through a third party. Even if we accept liability for your incident, you may not be entitled to recover any professional fees incurred.

Reporting a fault

If you haven’t already reported the fault please complete our online fault reporting form.

Obtaining a claim form

If you wish to make a claim for damage to your vehicle, please call us on 08458 247 800.

We will only acknowledge receipt of your claim form if requested to do so and will attempt to provide you with a decision on liability within 90 days of receiving your form.