Like many organisations, local authorities and councils have a duty of care to take reasonable steps to keep you safe when you’re using their facilities. They’ll often be responsible for keeping many of the local roads, paths, and highways safe as well. If they fail to uphold their legal responsibilities and you’re injured as a result, you may be eligible to make a council accident claim
for compensation.
This guide on council accident claims will show you when a compensation claim might be possible, and walk you through the claims process.
We’re ready to provide free advice if you’re considering making an accident claim against the council. Our claims advisors will review your case with you and let you know if there’s a reasonable chance you’ll be compensated. If there is, we could pass it to one of our No Win No Fee personal injury solicitors.
To contact us about a council accident claim today, please call 0800 6524 881. Alternatively, please use live chat, fill in a callback form, or simply continue reading.
Table of contents
- Am I Eligible To Make A Council Accident Claim?
- Services That Councils Are Responsible For
- Common Causes Of Council Accident Claims
- Evidence To Support A Council Accident Claim
- How Much Compensation Could I Claim From The Council?
- Time Limits For Claiming Council Accident Compensation
- Do I Need A Solicitor To File A Council Accident Claim?
- How Long Does It Take To Claim Compensation?
- Starting A Council Accident Compensation Claim
Am I Eligible To Make A Council Accident Claim?
Anybody injured because of a council’s negligence may be able to claim compensation. This could include trips and falls on public pavements or highways, incidents in council-run buildings, or even injuries suffered by council staff.
To make a successful compensation claim against the council, you’ll usually want evidence to prove:
- The council owed you a duty of care.
- That duty was breached through negligence.
- You were injured as a result.
Different laws can establish this duty of care. For example, if you’re a cyclist injured by a pothole, the Highways Act 1980 might apply. Similarly, if you’re a local council employee who has been injured at work, the Health and Safety at Work Act 1974 might apply. Our solicitors could check which piece of legislation applies to your case when you call.
Services That Councils Are Responsible For
Essentially, councils are responsible for maintaining all spaces that are considered public property. This might include:
- Roads and highways;
- Public pathways and pavements;
- Public transport;
- Schools;
- Public parks;
- Sports and leisure facilities;
- Social care;
- Waste disposal.
A council’s responsibilities include:
- Repairing cracked pavements and roads;
- Re-setting loose paving slabs on pavements and pathways;
- Filling potholes on pavements and roads;
- Clearing public spaces of all tripping hazards such as loose debris or fallen trees;
- Ensuring all public transportation is subjected to regular inspection and maintenance;
- Ensuring all equipment used for various repair work is scheduled for regular inspection and maintenance;
- Providing all workers with adequate training, especially with regards to safety;
- Providing all workers with appropriate personal protective equipment;
- Addressing public concerns promptly.
We’ll review any potential council accident claim for free, so please contact us today for a consultation.
Common Causes Of Council Accident Claims
You could be compensated for any type of accident on council property or places they are responsible for. We can’t include every single scenario here, but some common examples of when you might be eligible to claim compensation from the council include:
- If you tripped on a pavement or other defect (generally deeper or higher than 1 inch) on a public highway, such as a raised paving slab, exposed tree roots or a pothole.
- Accidents in schools caused by damaged or poorly maintained equipment, like desks or climbing frames.
- Injuries sustained in council-run leisure centres caused by damaged exercise equipment.
- Accidents in public playgrounds and parks due to insufficient maintenance of equipment.
- Workplace accident claims for council employees who weren’t provided with suitable protective equipment or who weren’t trained properly.
- Car accident passenger claims caused by the council’s failure to grit icy roads.
- Slips, trips and falls in council offices or town halls. For example, you could claim after slipping on a wet floor without any warning signs in place.
- Injuries to tenants in council houses caused by poor wiring or maintenance.
If you believe you have grounds to sue the council because they caused you to be injured, please get in touch for a free review of your case.
Evidence To Support A Council Accident Claim
During an accident claim against the council for personal injuries, you’ll need to convince their legal department or their insurers about how your accident happened, why the council was to blame, and how seriously you were injured. If you can’t, you might be paid too little compensation or none at all. Therefore, supplying as much evidence as possible can make all the difference. This could include:
- An accident report from the council as they are legally obliged to record all incidents reported to them. This is a good way of establishing the date, time and location of the council accident.
- Details of any witnesses to your accident so that your solicitor can ask them for a statement if necessary.
- Medical records and x-rays from the hospital or doctor’s surgery where your injuries were assessed and treated.
- Security camera footage if your accident was caught on camera. You are legally allowed a copy of this but you should request CCTV footage quickly as it’s often deleted quickly.
- Accident scene photographs that show the aftermath or cause of your accident. Where possible, you should take these pictures before anything is removed or replaced at the accident scene.
It’s also quite useful to keep a diary following your accident caused by the local council. This can be used to record when you weren’t able to work or the dates you had to miss social events because of your injuries. It can also be used to track any costs you’ve incurred following your accident.
We’ll review any evidence you have relating to your council accident claim as part of our initial free consultation.
How Much Compensation Could I Claim From The Council?
There isn’t a fixed amount of compensation you could claim from the council for personal injury as each claim is unique.
Usually, the amount of compensation you would claim will cover any pain and suffering and any expenses you incur following the accident. Each council accident claim is unique but you could be compensated for:
- Any earnings you’ve lost while you were off work recovering.
- Mental harm.
- The pain and suffering your injuries caused.
- Any impact on your hobbies or social life (loss of amenity).
- Medical expenses including the cost of private remedial treatment.
- Travel expenses such as fuel costs when travelling to a hospital or the associated parking fees.
- The cost of replacing items damaged during your council accident.
- Making changes to your vehicle or home if you’ve been left disabled by the accident.
It’s important that the value of your council accident claim fully reflects all of your sufferings as you can only claim compensation for the accident once. Our solicitors will work with you to do this and they will always try to secure the maximum compensation possible in your case.
Council Compensation Claims Calculator
Without assessing your council compensation claim thoroughly, we can’t tell you exactly how much compensation you might receive. However, we’ve provided the following compensation calculator for council accident claims to give some idea of how much could be awarded for certain injuries.
Please note that any figures listed are indicative and only cover payouts for general damages. You might receive a different amount of compensation as a settlement if your council accident claim is successful. Please contact our team if you’d like us to review how much you could claim on 0800 6524 881.
Time Limits For Claiming Council Accident Compensation
Council accident claims for personal injury typically have a 3-year time limit, usually starting from the date of the accident. However, for injuries to a child, the 3-year time limit only starts when the child turns 18. This means that parents or guardians can claim for injuries to a child anytime before their 18th birthday.
While 3 years may seem like a long time, we’d suggest starting your claim as soon as possible for several reasons:
- You’ll have more time to gather supporting evidence.
- It will be easier to recall the details of how your accident happened.
- If there are immediate financial costs linked to your injuries, such as private medical treatment, your solicitor may be able to secure an interim payment.
Contact us today to verify the time limit applicable to your specific circumstances.
Do I Need A Solicitor To File A Council Accident Claim?
You are not required to use a personal injury solicitor to file a council accident claim, as you can pursue the claim yourself. However, it’s important to understand that proving the council’s negligence can be tricky. You’ll need to demonstrate how the council failed in its duty of care and how that led to your accident and injuries.
When your claim is submitted, the council’s insurers will typically handle the case, and they may attempt to minimise the payout to protect their financial interests. Therefore, without strong evidence and the legal expertise to counter any challenges from the insurance company, your chances of receiving fair compensation could be reduced.
For this reason, having a personal injury solicitor may significantly increase your chances of success. A solicitor can help by:
- Gathering evidence such as accident reports, witness statements, and medical records.
- Demonstrating how the council’s negligence caused your injuries.
- Handling all communication with the insurance company so you don’t have to deal with legal or medical queries.
- Challenging any objections raised by the defendant or their insurers.
- Ensuring you receive the compensation you are entitled to.
If you work with one of our No Win No Fee accident solicitors, they’ll take the time to fully understand your case and build a strong claim on your behalf. This way, you can focus on your recovery while your solicitor works to secure the best possible outcome for your compensation claim.
How Long Does It Take To Claim Compensation?
Each claim is unique, so the time it takes to claim council accident compensation can vary. If the council accepts liability quickly, you could receive compensation in under 9 months. However, if negotiations are required, the process could take over a year.
Starting A Council Accident Compensation Claim
Hopefully, our guide has explained when you might be eligible to claim compensation from the council. If you believe you have a strong case but want to clarify your options, please call our team on 0800 6524 881.
During your free consultation, we’ll assess your claim and explain what action you could take, if any. If a claim is viable and accepted by one of our No Win No Fee solicitors, you won’t need to pay any fees until you are compensated.
Our claims advisors are usually connected to live chat 24 hours a day so please get in touch if you have any additional questions relating to council accident claims.
