When we receive your claim we will:
- Acknowledge receipt within 14 days (usually within 3 days for online submission), and then fully investigate then either:
- produce sufficient evidence to refute the claim, or alternatively, accept the claim within a further 90 days. This is the period specified for a response within the Civil Procedure Rules although we usually respond well within this period.
Please note - If the incident has occurred as a result of works carried out by a utility company or contractor then your claim may be against them and not us.
Making a Claim
Claims against Stirling Council for compensation are decided on legal liability. This means that you have to prove that the council has been negligent or failed in its statutory duty. Please note: there is no automatic right to compensation.
If you have suffered damage to your personal belongings or personal injury and feel it was the fault (they have been negligent) of Stirling Council, you may wish to make a claim.
Please ensure you read the following information before completing the claim form and that you can provide details of:
• The exact location of incident with reference to an adjacent building or landmark
• A full description of the defect with measurements
• The time, date and weather conditions
• Direction of travel
• Attach photographs of the alleged defect
• Why you believe the highway authority is responsible for the accident
• Details of the injury that you sustained
• Date of birth
• Details of any treating Dr or NHS hospital if applicable
• Details of your earnings if your claim involves loss of earnings
• Written estimates for the repair or replacement of damaged property, as well as an indication of the original purchase price, date of purchase, providing receipts where possible
*Please note that progress is not able to be saved once the form is initiated, so it is important all information is gathered prior to commencing*
To avoid any delays with processing your claim, please ensure the form is fully completed and all supporting documentation has been provided.
Compensation is not automatically paid. Although you may have cause to bring a claim against the council, this does not mean that you will automatically receive compensation. Whilst we appreciate that you have suffered a loss of some kind, we are only able to pay claims where it is clearly demonstrated that we have acted in a negligent manner - as in without care or attention. Incidents can occur that are not necessarily due to an act of negligence by a person or organisation.
Legally the responsibility is on you the claimant to prove your claim; this includes:
- providing full details of the incident including accurate dates,
- locations and details of the incident to enable us to investigate the claim properly.
Due to the nature of the claim you are making, a full investigation will have to be taken into the circumstances of the claim to establish whether there is any legal liability, therefore it is important that all the facts of the incident are provided.
Please note that the Council is not responsible for the actions or activities of any contractor even if they are acting on our behalf. You must make these claims directly against the contractor concerned.
On average it takes approximately three months for a decision to be made on a property only claim and approximately nine months for straightforward personal injury claims. All claims are, however, assessed on a case by case basis and may take longer if, for example, there are higher volumes of weather-related claims to be processed.
You have a duty to take all reasonable steps to minimise the value/ extent of any loss. Do not dispose of any damaged property without the prior agreement of the council as this may affect your claim.
Any claim found to have been fraudulently intimated or exaggerated may be passed to the Procurator Fiscal and may be subject to criminal prosecution.
In order to proceed with a claim please complete the appropriate claim form as fully as is possible.
This authority is under a duty to protect the public funds it administers, and to this end will use the information you have provided on this form for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes.
Last updated: Tuesday, January 26, 2021 2:51 PM