Claims for damages caused on a highway
Situations where you can make a compensation claim
You have a right to make a claim for compensation if your property has been damaged as a result of a pothole or other defect on a road or footpath. But you will only be given compensation if we are found to have been negligent or in breach of our legal duty under the Highways Act to maintain the highway.
To carry out our responsibilities under the Highways Act, we inspect roads and footpaths regularly following our Code of Practice for Highway Safety Inspections (PDF, 1.6MB). We identity and record defects and repair any we identify as being dangerous. The Highways Act recognises though that it’s not possible to prevent all defects.
This means that in law, the appearance of a defect doesn’t necessarily mean we have been negligent. We must use this law in our defence where appropriate. Any money we pay in compensation comes from public funds, and we have a duty to protect these funds.
How to make a claim
The following checkboxes are used for accordion drop-downs. When selected, they show content that was visually hidden
If you are making a claim for personal injury or for damages to a vehicle or other property you need to use our claim form.
You will need to identify the defect/pothole that caused your incident. You will also require the following before you can submit your claim via the online form below:
- A unique reference number relating to your own incident after logging the call with Cheshire East Highways - report your incident by:
- incident date and locations details
- police incident number (if reported)
- witness name and contact details (if appropriate)
- details of resulting medical appointment attended (if appropriate)
- supporting documentation, such as photographs must be taken by claimant not obtained by a third party. Damage must be of the Highway defect/pothole with identifiable landmark to support the subsequent claims inspection by Cheshire East Council
Read our Highways Claim Privacy Notice for information on what we record and retain from filling in the form.
Do not put yourself in danger to get the evidence for your claim.
If you want to talk to us about another person’s case, you must ask the person to write to us saying they are happy for us to talk to you.
Post: Cheshire East Highways Risk Team
Our process for dealing with compensation claims will be the same whether you make the claim directly or through a third party. If you appoint a third party to act on your behalf, we’ll communicate with them directly. The Citizens’ Advice Bureau can give independent advice at no cost.
We’ll either investigate your claim ourselves or pass it to our insurer to investigate. We might ask you to meet one of our representatives at the site of the incident.
Our investigation will include any information you gave us if you reported the incident separately.
Once we have looked at all the evidence, our claims handlers will then assess whether we are liable. They will write to you to tell you the outcome of your claim.
The claims handler will start investigating once they have received all the information they need.
As the Highways Authority for Cheshire East, we are responsible for most roads and footpaths in the borough. But some roads in Cheshire East are the responsibility of other organisations, such as the Highways Agency. Problems with road conditions might also be caused by contractors working on our behalf, or for another organisation or private individual.
If we aren’t responsible for the road concerned, we will either refer your claim to the party responsible, or give you their contact details (where possible).
We don’t have a formal appeal procedure. We make all decisions in accordance with our duties under the Highways Act. If we decide not to offer compensation and you want to question or challenge the decision, you must contact the claims handlers using the contact details on their letter to you.
We check all claims to prevent fraud. If you have made any similar claims, you must tell us about these when you make your claim.
The personal information you provide will be used by us and insurers for the purposes of insurance administration and claims handling. It might also be shared with other third parties in relation to claims handling and fraud and crime prevention.
We might also need to disclose your personal information to regulatory bodies in connection with compliance with any regulatory rules or codes. These bodies include the Claims and Underwriting Exchange (CUE) run by Insurance Database Ltd (IDSL), and the Motor Insurers Anti-Fraud Register run by the ABI. In dealing with a claim, we might search these and other registers.
Your personal information might also be used for statistical purposes.
For any of these purposes, your personal information may be transferred to any country, including those outside the European Economic Area.
Following the Ministry of Justice reforms relating to personal injury claims not exceeding £25,000 in damages, all such legally represented claims for incidents occurring on or after 31 July 2013 must be submitted via the Claims Portal.
Our appointed claims handling agents for Public Liability claims are:
For incidents occurring 31 July 2013 to 31st March 2014 – Public Liability
Topmark Claims Management Limited
160 Bath Street
Phone: 0141 331 6831
You should direct your claims via the Portal to Topmark under their organisation ID D00073.
For incidents occurring 1 April 2014 onwards – Public Liability
Gallagher Bassett International Limited
Phone: 0113 246 2000
You should direct your claims via the Portal to Gallagher Bassett under their organisation ID D00019.
Open or close Cecilia chat bot
Highways - Cheshire East Council Report a problem online
If you consider a highways issue to be dangerous, or an emergency:
Call the Highways Customer Services Team on 0300 123 5020
during office hours 8:30am – 5:00pm
Call the Out of hours team on 0300 123 5025
after 5pm and before 8:30am, including weekends.
Delamere Street Crewe
Page last reviewed: 06 October 2023
Thank you for your feedback.