Insurance claims

If you are making a claim against Wycombe District Council, the basis for the claim is that there has been a fault on the part of the Council. It is therefore necessary for you to prove that the Council has been at fault in law. There is no automatic entitlement to compensation. The Council cannot be held accountable just because something has happened.

In addition, you should be aware that you have up to three years from the date of the incident to pursue a claim for personal injury and six years for property damage.

Making a claim

It is the aim that claims are always processed as quickly as possible. However, the law allows a period of up to three months to investigate the incident and tell you whether your claim will be paid or denied. In the meantime, if you have any information or photographs, which you feel will assist when considering your case, please forward to the address written on the claim form. This may include photographs of trip hazards, damaged property etc.

The claims handler will request further information from you to clarify the incident circumstances; the three-month investigation period may start upon receipt of this additional information.

In order to speed up the process, the claims handler may start collating information to assess the value of your claim. As well as specific information you may be asked to provide your full name, date of birth and national insurance number. It would be helpful if you could have the information ready for when it is requested.

If the claims handler is denying your claim, you will receive a letter detailing why. If you wish to discuss the claim further, please contact them on the phone number provided or by letter.

If the claims handler considers the Council to be responsible they will need to collect evidence to assist in assessing how much compensation you should be paid, if you have not already supplied that information:

• If the claim is for damage to your property the claims handler will require original receipts (if available) and or replacement estimates and confirmation of the age of the items. Please be aware the offer will not be on a new for old basis and as such will be adjusted for wear and tear etc.
• If your claim is for personal injury medical evidence will need to be gathered. You will need to give permission for the claims handler to approach your GP/hospital for a medical report. If you withhold permission the claim cannot be progressed. Please be aware that the amount of time it takes to receive the report from the GP/hospital can vary widely. This is something over which neither the Council nor our claims handler has any control other than to issue regular reminders. You can, of course, chase the GP/hospital yourself.
• For severe injuries or where the GP/hospital report is inadequate, the claims handler may need to appoint a consultant to prepare a comprehensive report. This process can be lengthy and may take a number of months.
• Once all the evidence has been collated the claims handler will then put forward, in writing, an offer, which they consider will accurately reflect an appropriate level of compensation.
• Acceptance of the offer should be made in writing to the claims handler with confirmation as to whom the cheque should be made payable. Cheques will normally be issued within 14 days.
• You are entitled to seek legal advice at any stage.