Making Insurance claims against the council
Advice before making a claim
Before entering a claim for compensation (public liability
claim) it is important to be aware of the following points: -
- All claims are assessed on the basis of whether the council has
been legally at fault for the incident. Often events occur that are
unfortunate, but not due to any parties' negligence. There is no
guarantee that entering a public liability claim will automatically
result in compensation and in many cases it does not.
- In law the Council and its insurers, once they have initially
acknowledged a claim are allowed 3 months to investigate and
reach a decision. Any decision on the claim will therefore not be
immediate.
- Claims can be submitted in person or by a solicitor
acting on your behalf. We treat all claimants equally
regardless of how they are represented.
- Fraudulent claims will be prosecuted.
How to make a claim
To make a claim you will need
to formally notify the council. Information that
should be contained within this notice of claim is
defined by law, but basically it should contain enough information
for the council to begin investigations.
At a minimum it should contain the following: -
- Claimants name & address.
- Your name and address if different
- Details of the incident.
- Details of any injuries or damage to property.
- Details of how or why you or the claimant you
represent, feels the council have acted negligently.
In the case of a personal injury you will, at some
stage, need to supply the following. This can be done either
immediately or at a later date:-
- Date of birth.
- National insurance number.
Claims should be notified to:
The Insurance Section
Dover District Council
White Cliffs Business Park
Dover
Kent
CT16 3PJ
Or may be emailed to Insurancesection@dover.gov.uk
Give as much information as possible
When preparing a letter of claim the more information that can
be given, the easier it will be for the Council and its insurers to
investigate. A map showing where an accident happened and photos
are helpful.
The more information we have the quicker any investigation will
be.
When can a response be expected
When we receive your letter we will forward details to our
insurance company immediately. The council or the insurance company
will respond to you within 21 days of receipt of the letter of
claim advising you of the insurance company details.
All claims will be processed as quickly as possible but legally
the insurers are allowed 3 months to investigate the claim before
responding either accepting or repudiating liability on behalf of
the council.
If the letter of claim does not contain sufficient information
the council will respond within 21 days acknowledging the letter of
claim but requesting further information. Until we receive this
information the 3 months response time limit will not have
started.
Legal Advice
A public liability claim is a legal process and can be
complicated. You may wish to seek legal advice either before making
a claim, or if you disagree about the decision reached. Before
appointing a solicitor check how much any legal services provided
will cost and how they will be funded.
The Citizens Advice Bureau can give guidance on making a public
liability claim. To get details of their local office visit their
website www.citizensadvice.org.uk.
If you need contact with us to be through another
media such as braille, or for some reason you are unable to put
your claim in writing, please let us know and we will
make appropriate arrangements for you.
Contact
The Insurance Section
Dover District Council
White Cliffs Business Park
Dover
Kent CT16 3PJ
Email: Insurancesection@dover.gov.uk
Telephone 01304 872318