When can you make a claim against the Council?

You may only make a claim against us if you believe we have been negligent, and you suffer loss or damage to your possessions due to an incident, or you suffer an injury. 

Should I claim from my own insurance and get them to claim back?

Yes, this is the one way in which you can recover your loss, subject of course to the insurer accepting the claim.

Should I take a photo of the incident site?

Yes. This will assist with in identifying the location of the incident.

What happens when you submit a claim?

The claim and any surrounding issues will be investigated by officers of the Council. Once complete, a decision will be made whether legal liability attaches to the Council. The Council (or our Insurers) may need to contact you to request further information. For a claim to be successful, you must show that the damage / injury was the fault of the Council or Council employees.

Can I claim for other costs i.e. loss of earnings, hire cars etc.?

You can only claim for loss which is caused as a direct result of the accident.

Where does the money for my claim come from?

The money is paid from Council funds which could either be from the Insurance Fund, to which contributions are made from all Stirling Council services, or from the Roads Budget in relation to some highways claims.

Why does the process of claiming take so long?

We have to comply with rules laid down by the Courts system which apply even before proceedings are commenced. These are called the Civil Procedure Rules, and were introduced in 1999 and include a pre action protocol for dealing with claims, and they provide for an acknowledgment of the claim within 21 days, and a decision on the claim within 3months thereafter. We aim to provide our decisions well within that time if possible.

Why can't I get an update for how my claim is progressing, I only got an acknowledgement to say you were investigating it and that was weeks ago?

The Council does not provide updates on claims, and if we were to do so, it would have a knock on effect in delaying the provision of our decision. We diarise our claims so as to avoid delay in providing our decisions. Please be patient with us!

What happens when a decision has been made?

If the decision is that the Council is not legally liable for your accident, we will write to you and give the reason why. If you are unhappy with this decision and wish to take this further you are advised to take independent advise.

If the decision is to award compensation, we will write to you with an offer. Any successful claim settlement, may be offset against debt owed to Stirling Council.

In certain circumstances, the Council uses an external company to review its claims and make a decision as to whether or not the council is legally liable for the loss. You will therefore receive a letter from the company (currently Gallagher Bassett International) telling you the outcome of your claim instead of Stirling Council.

 

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