Harrogate Borough Council
Menu
Defects on the Road or Pavement
- Skips,
- Weeds
- Scaffolding
- "A" Boards
- Overhanging Foliage
- Illegal Vehicle Crossings
- Obstructions
- Flooding
- Blocked Drainage systems
- Damaged signs
- Defective Utility Boxes
- Damaged Street Furniture
- Damage Caused by Road Traffic Accident (RTA's)
- Contractors Works; checking standard of working, also their signing and guarding.
- Other Highway miscellanea.
There is always the risk of injury to highway users or damage to property, caused by defects in any aspect of the highway network. To minimise this, Harrogate Borough Council actively encourages members of the public to inform us of these, so that inspection can be carried out and the appropriate action initiated.
Frequently Asked Questions
Contact Us
What if I have an
accident?
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 that the
highway was safe.
In practice, this means that all records of inspections and the
repairs carried out form the basis of the authority's legal defence
against any claim. Due to the effective nature of the Highways
Safety Inspection Regime, Harrogate Borough Council has been able
to successfully defend the majority of highway claims for "slipping
and tripping" made against it.
Should I claim?
If you wish to make a claim you have 2 options;
Firstly, you can write to the Council advising us of your incident. It will be investigated and you will be informed whether or not the Authority is liable.
Or,
Secondly, you can approach solicitors or specialist accident claims firms. If you take this line, we recommend that you seek professional and impartial advice. Also, ascertain what initial and secondary costs you might incurr if you proceed with your claim. In the event that you are unsuccessful, these could be considerable.
Due to the Council's insurance arrangements, it is responsible for the first £50,000 of any one claim, therefore all claims under this value are paid for out of Council funds. To ensure public monies are spent correctly, accident claims are thoroughly investigated by trained officers. Unsuccessful and fraudulent claims waste valuable staff time and take them away from other duties which could benefit the rest of the community.
When dealing with any accident claim, the following statement will always be included in correspondence with the claimant;
"We must protect the public funds we handle so we may use the information relating to any claim to prevent and detect fraud. We may also share this information, for the same purpose, with other organisations which handle public funds."
What if I wish to claim?
If you decide to claim you will need to provide full details in writing of the following:
- exact location of incident
- time, date and weather
- direction of travel, by foot or vehicle
- sketch of incident location
- detail of damage or injury suffered
- photographs
- why you believe the highway authority is responsible for accident
For vehicle claims you may also need to provide:
- proof of vehicle ownership
- copy of current MOT and Insurance Certificate
- date of last service
- any other relevant factors
- 2 independent estimates for repair, (unless repair was required immediately, eg. broken windscreen).
For personal injury claims, you will need to supply your NI number, date of birth and also earnings details if your claim involves loss of earnings.
| Send to: | Highways Maintenance Department of Development Services Knapping Mount West Grove Road Harrogate HG1 2AE |
When we receive your claim we will:
- acknowledge receipt, and indicate if we have adequate information to investigate the claim within 21 days
- produce sufficient evidence to refute the claim, or alternatively, accept the claim within a further 90 days.