Highways Claim for Damage or Injury

How to claim compensation due to a highway defect

The Highways Act 1980 recognises that defects will arise on roads and footpaths. It sees that their appearance does not necessarily mean that Cornwall Council has breached its statutory duty. If a defect has caused you to suffer an injury or damage to your property or vehicle then you are entitled to make a claim for compensation. However the Highways Act 1980 provides the Council with a defence to these claims which we are obliged to use.

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Cornwall Council has a duty to protect the public funds it administers. Legitimate defences will be applied where appropriate. We will only offer compensation if Cornwall Council, or its contractor Cormac Solutions Limited, is found to have been negligent or in breach of its statutory duties.

Cornwall Council may use the information you provide to prevent and detect fraud. The Council will record claim data on a database for claims analysis which will be shared with our insurers.

If you wish to make a claim for compensation please download the Highways Claim Guidelines. We advise that you read  the guidelines before submitting a claim. These contain useful information about the procedures involved. 

If after reading the guidelines you wish to make a claim please print the Highways Claim Form. You should complete and send it to the address specified on page 5 of the claim form.