How to claim compensation due to a road or street problem

If your property or vehicle has been damaged, or you’ve suffered a private injury, thanks to dragging with a road or street and you think that the Department for Infrastructure (DfI) is responsible, you'll make a claim for worker compensation audit.

Read more: Best Worker Compensation Audit Lawyer in NY

Reporting a problem with a road or street

If you have got not yet reported the matter that caused the property damage, vehicle damage, or personal injury, do that by choosing one in every one of the pages within the following section:

• Problems with roads and streets

Keep a note of the 'W' reference number you're given after reporting it, as you'll be asked for this when completing a form.

Claiming compensation online

You can fill out an application for compensation online on this page:

• Claiming compensation due to a road or street problem

Claiming online makes sure that you simply give the key information needed to research your claim. This may reduce the time taken to reach a choice in your case.

Claiming compensation by post

If you prefer, you can fill out a paper form and post it to the DfI Roads Claims Unit.

You can find the forms at these links:

• Property damage compensation claim form
• Vehicle damage compensation claim form
• Personal injury compensation claim form

Alternatively, you'll invite a form by email, by phone, in writing, or head to head at either of the DfI Roads Claims Unit offices in Belfast or Derry. You must sign the paper claim form and attach any relevant documents to it before returning it. All forms should be returned to the main office in Belfast.

• DFI Roads Claims Unit - Belfast Office

Providing clear dated photographs (including close-up shots of the defect, that's the matter on the road/street that caused the damage/injury) and also the defect at a distance and within the context of the encompassing area) and/ or photographs of the damaged property may speed up the processing of your claim.

Getting compensation

Compensation is not automatically guaranteed. The Department for Infrastructure must thoroughly investigate every claim to ascertain if it's a defense to the allegations made. When its investigations are complete, you will be told of its decision in writing.

Property and vehicle damage

If the choice is taken to pay compensation, the number offered is going to be the number estimated to return your property or vehicle to the condition it had been in immediately before the damage.

There is no legal entitlement to supply 'new for old', therefore the quantity of compensation paid could also be but the quantity claimed.

Personal injury only

If the Department for Infrastructure makes a suggestion of compensation for an injury to a minor, the matter is going to be mentioned as a judge to assess if the compensation is fair. Any compensation paid is going to be held by the court until the minor reaches the age of 18.

Timescales for claim decisions

The average timescale for a choice to be taken on vehicle damage claims is four months, and for private injury claims six months. For internal flooding of living accommodation, the target is six weeks. The average timescale for a choice on all other property damage claims is six months.

To investigate your claim thoroughly, DfI Roads Claims Unit may need to check the following:

• highway inspection and repair records
• other records held by the Department for Infrastructure (for example, public complaints)
• whether a contractor or other organization is involved

Once your claim has been thoroughly investigated, a choice is taken to either pay compensation, reject it, or refer it to a different party.

Why another party might be involved

From investigations, it's going to be established that a contractor, utility company, or another person or organization caused the defect in question. In those circumstances, details will be passed to that person or organization to investigate your claim further.

Meeting at the accident site

Personal injury and vehicle damage only

Providing clear, dated photographs with your claim form showing:

• close-up shots of the defect (that is the problem on the road/street that caused the damage/ injury) and
• the defect at a distance and in the context of the surrounding area

may help the Department for Infrastructure to spot the precise location, and, therefore a gathering on-site might not be necessary.

If the Department for Infrastructure can't identify the exact location from the photographs, a meeting will be arranged with a member of its staff so that you can show the exact location.

Property damage and vehicle damage

During its investigation, it's going to be necessary for a Department for Infrastructure staff members to seek out the explanation for and inspect the damage to your property or vehicle. In some cases, the Department for Infrastructure may use the services of a loss adjuster to examine the damage to your property or vehicle and to advise on the financial aspects of a claim.

Such visits form a part of the Department for Infrastructure investigations and don't mean that it's accepting liability. If you've got already administered the repairs, keep evidence of the damage by either keeping the damaged item(s), where possible or providing photographs of the damage.

If a claim relates to the sewerage and water 

Northern Ireland Water Ltd is liable for supplying water and sewerage services, and also the company has its own claims handling procedures.

If your claim is as a result of flooding or the other actions or operations taken by or on behalf of European nation Water, you ought to contact Waterline to ask for a claim form.