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Claim for damage caused by roads or pavements

The weather has an impact on our roads and we appreciate the frustration and inconvenience this can cause. Our highways maintenance teams are working around the clock to deal with safety issues and pothole repairs each day. We are grateful to the public for reporting problems and we are tackling the most urgent and unsafe cases first.

If you've been involved in an incident that you consider to be the responsibility of Gloucestershire County Council, you may be able to make a claim for compensation. However, it's important to understand the circumstances in which Gloucestershire County Council can be held responsible and how the civil claim process operates. 

Here are some things to consider before making a claim for compensation: 

  • Claiming can be a lengthy process and may not result in a payout,
  • We have a duty to fully investigate any claim because compensation is paid from public money,
  • The decision on liability will be based on the facts of each case, and the law,
  • We have a legal defence under Section 58 of the Highways Act 1980,
  • Most claims are unsuccessful.

Photo of car driving on leafy clear road

We realise our legal defence can sometime be difficult to understand so we have summarised our legal approach here.

Because we are not reasonably expected to know about or inspect every part of our network every day, we manage this by having a programme of inspections and repairs.

Our legal defence involves showing that reasonable steps were taken to maintain the highway. This means inspections and repairs were carried out as planned. Your claim will only be successful if we have been proven to be negligent.

The law requires Gloucestershire County Council to maintain all highways for which it has a responsibility. To identify the level of maintenance required a programme of inspections is carried out. The frequency of inspection is dependent upon the classification of the road or footway. When we identify a defect, or one is reported to us, any necessary repairs will be carried out or the area made safe.

Potholes can develop quickly on roads, particularly in heavy rain and in winter, so it is not possible for councils to inspect every road or repair every pothole immediately.  We must regularly inspect the roads and fix any potholes or safety problems we find within reasonable and published timescales. An authority does not normally have to pay compensation if it has carried out suitable inspections and repairs.

Find out about inspections in our safety inspection policy.

If we do not inspect a road in line with our published policy or it has taken longer to make a repair than our policy says it should, then this is more likely to be considered unreasonable, as described in the Highways Act and we are more likely to be liable for a claim.  

However, these are the general guidelines nationally and there are some exceptions such as periods of snow or adverse weather where Councils can be given a little bit more time because available crews will be out on gritting runs and generally repairs are not possible in those conditions.

A successful claim will prove that Gloucestershire County Council failed to maintain the highway. It will have to show that the highway in question has not been maintained appropriately with regards to its importance and use and was therefore unsafe. The claim must also show that this was the cause of the incident and that a loss has been suffered as a result.

We realise our legal defence can sometime be difficult to understand so we have summarised our legal approach here.

Because we are not reasonably expected to know about or inspect every part of our network every day, we manage this by having a programme of inspections and repairs.

Our legal defence involves showing that reasonable steps were taken to maintain the highway. This means inspections and repairs were carried out as planned. Your claim will only be successful if we have been proven to be negligent.

The law requires Gloucestershire County Council to maintain all highways for which it has a responsibility. To identify the level of maintenance required a programme of inspections is carried out. The frequency of inspection is dependent upon the classification of the road or footway. When we identify a defect, or one is reported to us, any necessary repairs will be carried out or the area made safe.

Potholes can develop quickly on roads, particularly in heavy rain and in winter, so it is not possible for councils to inspect every road or repair every pothole immediately.  We must regularly inspect the roads and fix any potholes or safety problems we find within reasonable and published timescales. An authority does not normally have to pay compensation if it has carried out suitable inspections and repairs.

Find out about inspections in our safety inspection policy.

If we do not inspect a road in line with our published policy or it has taken longer to make a repair than our policy says it should, then this is more likely to be considered unreasonable, as described in the Highways Act and we are more likely to be liable for a claim.  

However, these are the general guidelines nationally and there are some exceptions such as periods of snow or adverse weather where Councils can be given a little bit more time because available crews will be out on gritting runs and generally repairs are not possible in those conditions.

A successful claim will prove that Gloucestershire County Council failed to maintain the highway. It will have to show that the highway in question has not been maintained appropriately with regards to its importance and use and was therefore unsafe. The claim must also show that this was the cause of the incident and that a loss has been suffered as a result.

Gloucestershire County Council, as Highways Authority, has a duty to “maintain” highways maintainable at public expense.

A successful claimant will prove that Gloucestershire County Council failed to maintain the highway. It will have to show that the highway in question has not been maintained appropriately with regards to its importance and use and was therefore unsafe. The claim must also show that this was the cause of the incident and that a loss has been suffered as a result.

The law gives a defence to the Highways Authority, so that even if a claimant can demonstrate that a lack of maintenance resulted in a loss, the authority will not have to pay compensation if it can demonstrate that it took all reasonable steps to ensure the highway was safe.

If the authority had carried out all inspections and repairs as planned and reported, then a defence of the claim can be made.

Unfortunately, incidents do occur. However, very few are actually attributable to negligence on the part of the Highway Authority. The majority of claims brought against Gloucestershire County Council are successfully defended.

Gloucestershire County Council, as Highways Authority, has a duty to “maintain” highways maintainable at public expense.

A successful claimant will prove that Gloucestershire County Council failed to maintain the highway. It will have to show that the highway in question has not been maintained appropriately with regards to its importance and use and was therefore unsafe. The claim must also show that this was the cause of the incident and that a loss has been suffered as a result.

The law gives a defence to the Highways Authority, so that even if a claimant can demonstrate that a lack of maintenance resulted in a loss, the authority will not have to pay compensation if it can demonstrate that it took all reasonable steps to ensure the highway was safe.

If the authority had carried out all inspections and repairs as planned and reported, then a defence of the claim can be made.

Unfortunately, incidents do occur. However, very few are actually attributable to negligence on the part of the Highway Authority. The majority of claims brought against Gloucestershire County Council are successfully defended.

Please think carefully before making a claim as public funds are used to deal with them. The cost of processing unsuccessful or fraudulent claims divert these funds from valuable front line services.

Please think carefully before making a claim as public funds are used to deal with them. The cost of processing unsuccessful or fraudulent claims divert these funds from valuable front line services.

Year Number of vehicle damage claims received

 Number of successful claims
2022/23 496 5
2023/24 792 26

How to make a claim

Step one

You must Report the problem on the road or footpath that caused the damage and obtain a reference number before making a claim.

Illustration showing map with road repair icon images.

Step two 

Check the location. As the Highways Authority, Gloucestershire County Council is responsible for the maintenance of most of the 3200 miles of roads across the county.

However, there are some cases where Gloucestershire County Council may not be responsible for the location or type of works being undertaken. For example, gas, electricity and water works, or trunk roads and private properties.

National Highways is responsible for the maintenance of the motorway network and some A roads. Visit the National Highways Roads We Manage website to check which roads they manage.

Step three

To make a claim you will need to complete a Highways Incident Report Form. It is essential the form is fully completed so that your claim can be processed as quickly as possible. If the form is not fully completed the County Council is unable to process your claim.

When providing a location please be as specific as possible including a grid reference and/or map, or what3words reference. 

Please note: the form requests your National Insurance Number. This is to assist with the National Fraud Initiative that the council subscribes to.

I confirm I have read all the guidance on this page and I would like to proceed with making a claim: Use the Highways Contact Form to request a Highways Incident report form. Read our Privacy Notice (PDF 108KB).

We will send a Highways Incident Report form to you by email. If you can’t see the form in your inbox please check your spam or junk folder.

What happens next?

Once we have received your completed Highways Incident Report Form, we will:

  • Acknowledge receipt of your claim within 21 days,
  • Thoroughly investigate the details of the claim,
  • Either accept your claim within 90 days of our acknowledgement or produce sufficient evidence to refute your claim.

All claims are investigated by the county council and then forwarded with a report to the council’s insurers. The insurers will liaise directly with you in respect of these claims.

There are some cases where Gloucestershire County Council may not be responsible for the location or type of works being undertaken. For example, gas, electricity, water, etc., trunk roads and private properties. In these circumstances we will endeavour to advise you of this as soon as is reasonably practicable.