Claims we will not process
We will not process claims:
- for loss of business due to roadworks or a road closure
- for extra mileage or petrol due to a road closure
- for compensation as a result of highway works (when Parliament passed the relevant legislation that requires the maintenance of public highways (Highways Act 1980) there was no requirement on highway authorities to pay compensation to residents or businesses that might be affected by such works, or for extra fuel costs – we try to ensure that works are scheduled and carried out in a way that minimises disruption and inconvenience, however, there is no legal basis on which we can make compensation payments for this)
- for damage caused by BT Openreach, SWW, National Grid or other utility apparatus
- for damage caused by contractors carrying out grass-cutting or lining works on the highway
- where the highway or footway is not highway maintainable at public expense
- where damage happened on the M5 or A38 or other trunk roads – these should be directed to National Highways.
- for wear and tear to the vehicle – which was contributed to by the general road condition in the area
- for damage caused by debris on the road
- for damage due to gritting or gritters – see information below
Please be advised that winter maintenance is carried out on behalf and under the instruction of Devon County Council by Milestone, our Term Maintenance Contractor. The contract we have with Milestone indemnifies us from any claims arising as a result of their negligence and therefore any claims for damage caused by gritters should be made to Milestone.
Care is taken to ensure that gritting takes place correctly: correct salt spread is used; gritters are driven at appropriate speeds, with signage and lights advising people of the activity being undertaken.
If you choose to drive near or overtake a gritter, you do so at your own risk. If you wish to pursue your claim through a court, you will be asked to prove that Milestone has acted negligently.