There is no automatic right to compensation. All claims are assessed based on laws and guidelines that are in place for assessing such claims. Details on these are below.
Making a claim
You must report the highway defect before you can start a claim for damage below. The defect report will issue you with a unique reference number. You will need this reference number to start your claim.
Please note: reporting the defect does not start the claim process. Once you have reported the defect you will need to return here to start your claim.
Timescales
Please read the information below about the timescales for assessing claims for compensation.
Cornwall Council will investigate your claim and the following timescales will apply:
- Acknowledge receipt of your claim form and supporting documentation within 10 working days.
- If there is missing information a request for further information will be made within 10 working days.
- When the missing information is received we will aim to send an acknowledgement within 10 working days.
- A decision with regards to your claim will be provided within 30 working days from the date of acknowledgement.
- If your claim is successful you will be informed and the Council will aim to make payment to you within 14 working days. If your claim is unsuccessful you can follow the claims dispute process detailed below.
During periods of inclement weather or busy periods it may take longer to respond to your claim.
Disputing the Council’s decision to repudiate (reject) your claim
If a claim is rejected you can dispute the decision made with the dealing officer.
If you wish to dispute the decision made you must provide full details of why you wish to dispute the decision. You must provide extra information surplus to that submitted within your claim form.
When a valid dispute is received further investigations will be carried out. A final decision with regards to liability will be provided within 14 working days.