Information relating to Compensation Claims for Vehicle Damage - Find a freedom of information request

The National Highways definition of the Local Road Network is that portion of the Road Network for which a Local Government is responsible, and is eligible for funding from the State Government to operate and maintain.   

With this in mind, for the last calendar year (January 2023 - Dec 2023) or last full year for which you have recorded figures, please would you disclose:   

1a.        the percentage of compensation claims, brought by drivers for vehicle damage from potholes in your Local Road Network, which were not paid out by your council.

i.e. the total number of claims submitted to your council for pothole-related vehicle damage, versus the total number of claims paid out by your council.

1b.      your council's criteria for compensating, or not compensating, a driver who brings such a claim.

For reference, please find an example of the information I am requesting, here: https://www.sunderland.gov.uk/media/31141/HighwayClaimsData/pdf/Highway_Claims_Data.pdf?m = 1699722169190

2.       The percentage of potholes -  identified by or reported to your council by any individual, public or council member - which were subsequently fixed,  across your local road network.

I can confirm that the information requested is held by Lincolnshire County Council. I have detailed below the information that is being released to you.

1a. The percentage of claims repudiated to date is 69.60% with 209 still under review.

1b. The council has two defences under the Highways Act 1980

S.41 states, we have a duty to maintain the highway. if there is no breach the council can defend the claim.

S. 58 " It is a defence to prove that the authority had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic

The criteria that Lincolnshire County Council uses for assessing claims is laid out in our Highways Infrastructure Asset management plan. Please see below.

Link: https://www.lincolnshire.gov.uk/downloads/file/8423/highways-infrastructure-asset-management-plan-hiamp-As

2. As of 23/04/2024, 99.946% of Carriageway and Footway Pothole jobs that were committed in 2023 Calendar Year have been completed.

Excluding Reactive Patching and cancelled jobs.

37450 / 37470 = 99.946%