Claim compensation due to a road or street problem
If your property or vehicle has been damaged, or you’ve suffered a personal injury, due to a road or street problem and you believe the Department for Infrastructure (DfI) is responsible, you can make a claim for compensation. There is no automatic entitlement to compensation. Each claim must be investigated.
Timescales for claim decisions
There has been a significant increase in the number of claims received recently by DfI Roads Claims Unit, meaning claims processing times have been affected.
The average timescale for a decision to be taken on vehicle damage claims is four months and on property damage claims is six months.
For personal injury claims it is six months.
To investigate your claim thoroughly, DfI Roads Claims Unit may have to check the following:
- highway inspection and repair records
- other records held by DfI (for example, public complaints)
- whether a contractor or other organisation is involved
Once your claim has been thoroughly investigated, a decision is taken to either pay compensation, reject it, or refer it to another party.
While your claim will be dealt with as quickly as possible, the Unit may not be able to make a decision on your claim within these average timescales for dealing with roads-related public liability claims.
Report the problem that you believe caused damage
If you have not yet reported the problem that you believe caused the property damage, vehicle damage, or personal injury, do this by choosing one of the pages in the following section:
Keep a note of the 'W' reference number you're given after reporting it, as you will be asked for this when completing a claim form.
Photographs
Photographs of the damage to your property or vehicle are necessary for processing your claim.
Providing clear, dated photographs will help with quicker processing.
Photographs of the defect (that is, the problem on the road or street) and incident location for your vehicle damage, property damage or personal injury claim should only be taken if it is safe to do so.
Before taking photographs of the defect and incident location you should consider things such as:
- the amount of traffic
- the speed restriction of the road
- your visibility to other road users
- whether the area is well lit if you’re taking photographs during the hours of darkness
- if it's possible to take photographs from a footway (pavement) or from within your vehicle
At all times, you must consider the risks involved in taking photographs of the defect and incident location before doing so.
If you can provide photographs of the defect and incident location, try to include:
- close-up shots of the defect - that is, the problem on the road/ street that caused the damage/ injury
and
- of the same defect or roads-related issue at a distance showing the surrounding area and any identifiable landmarks, which are crucial in identifying the precise incident location
Failure to provide the requested photographs could significantly delay the investigation of your claim.
Things to note
You should keep the damaged parts/ items as these may need to be inspected by a representative acting on behalf of the Department for Infrastructure (DfI).
For vehicle damage and property claims:
- valued over £350 - receipts or three estimates/ quotations are required
- valued below £350 - receipts or two estimates/ quotations are required
You must keep all original receipts/ estimates about the claim, as the originals may be needed by DfI to complete your claim.
If you're unable to scan copies of the requested documents, clear and readable photographs will be accepted by DfI for the initial assessment of your claim.
If the claim is for personal injury and you are the claimant and are under 18 years of age (a minor), you must nominate a parent or other representative to make this claim on your behalf.
Getting compensation
Compensation is not guaranteed. DfI must thoroughly investigate every claim to see if it has a defence to the allegations made.
When its investigations are complete, you will be told of its decision in writing.
Property and vehicle damage
If the decision is taken to pay compensation, the amount offered will be the amount estimated to return your property or vehicle to the condition it was in immediately before the damage.
There is no legal entitlement to provide 'new for old', therefore the amount of compensation paid may be less than the amount claimed.
Personal injury only
If DfI makes an offer of compensation for an injury to a minor, the matter will be referred to a judge to assess if the compensation is fair.
Any compensation paid will be held by the court until the minor reaches the age of 18.
Why another party might be involved
From investigations, it may be established that a contractor, utility company, or another person or organisation was responsible for the incident.
In those circumstances, details will be passed to that person or organisation to investigate your claim further.
Meeting at the accident site
Personal injury and vehicle damage only
Providing clear, dated photographs as mentioned in the 'Photographs' section above may mean that a meeting on site might not be necessary.
If DfI can't identity the exact location from the photographs, a meeting may be arranged with a member of its staff so that you can show the exact location.
Property damage and vehicle damage
During its investigation, it may be necessary for a DfI staff member to find the cause of and inspect the damage to your property or vehicle.
In some cases, DfI may use the services of a loss adjuster to inspect the damage to your property or vehicle and to advise on the financial aspects of a claim.
Such visits form part of DfI's investigations and do not mean that it is accepting liability.
If you have already carried out the repairs, keep evidence of the damage by either keeping the damaged item(s), where possible, or providing photographs of the damage.
If a claim relates to the sewerage and water
Northern Ireland Water Ltd is responsible for supplying water and sewerage services, and the company has its own claims-handling procedures.
If your claim is as a result of flooding or any other actions or operations taken by or on behalf of NI Water, you should contact Waterline to ask for a claim form.
- Waterline: 0345 744 0088
- Contacting 08 and 03 telephone numbers
Further information may be found at this link:
Claim compensation for property damage
You can claim compensation for property damage online at this link:
Claim compensation for vehicle damage
You can claim compensation for vehicle damage online at this link:
Claim compensation for personal injury
You can claim compensation for personal injury online at this link:
Making a complaint about how a claim was handled
If you wish to complain about any aspect of how a claim was handled, you can find out what to do on the Complaining about how a claim was handled page.