FOI Request - Pothole Claims Procedure

Request 101002721163

Please provide a copy of the the policy, procedure and process relating to claims for pothole damage.

Response 22.03.21

The Council do not have a "policy" as such for processing pothole claims. As this document is not held, it is therefore exempt under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information Not Held.

The procedure/process for handling a pothole claim is as follows:

When notification of a pothole claim is first received (by either Insurance or Roads), an Accident Claim form is sent out by Roads section to the claimant.  Once the completed Accident Claim form is returned to Roads, usually with photographic evidence of the pothole damage or invoices for damage repairs, a Zurich Municipal eClaim form is completed by Roads and forwarded to Insurance with all the supporting documentation ie inspection reports, engineers reports, works orders etc. that Roads hold for this particular incident. This is Road's opportunity to put their side of the case and their evidence is usually extensive and very comprehensive.  Insurance allocate the next TP (Third Party) number and forward all the documentation to Zurich Municipal, Moray Council's insurers.  ZM usually acknowledge receipt of the claim within a few days, allocating a unique claim reference number.  
After that it's really all in the hands of the Insurers.  Any further information requests received from ZM are forwarded to Roads with their response forwarded to ZM once received.  ZM use all the evidence received to establish whether any liability should be upheld or denied.  Should ZM advise that the claim should be settled, Roads are invited to either confirm settlement acceptance or not.  Generally there are very few pothole claims upheld as Roads inspections are carried out timeously within the legal requirements.