If you believe that you have been injured, or your property has been damaged or removed in error and that we are liable (at fault), then you can make a claim for compensation. Alternatively, if you are claiming for property or vehicle damage, you may find it quicker and easier to report your loss to your own insurance company. They will respond to your claim and investigate the potential for a recovery from us on your behalf.

New compensation claims

Before you submit a claim

Please take the time to read the information below, to know when and how to make a claim.   

Is the cause of the incident a danger to others?

If the cause of the incident is a potential immediate danger to others (eg building damage, pothole, or road or footpath issue that could cause an injury) then this is classed as an emergency.  Please report this to us before submitting a compensation claim.

Report an emergency


Possible causes of immediate danger

Possible causes of immediate danger

  • Significant Spillage or debris on road or pavement
  • Missing grid, manhole cover or flagstone(s)
  • Missing or rocking kerbstone
  • Collapse or subsidence on the road or pavement
  • Potholes - Deeper than 4cm on the road or 2.5cm on the pavement
  • A damaged or vandalised guardrail that sticks out onto the road or pavement
  • A damaged or vandalised bollard that is dangerous to the public
  • fallen trees, bushes or road signs blocking a road or forcing people to walk in the road
  • Flooding - on a large part of the road or pavement or on a road or pavement that is likely to flood a nearby property

If the cause of the incident is not an emergency you can report this to us using our online form

Report a non-emergency


Liability - Who is at fault for the incident?

Only submit a compensation claim against Warrington Borough Council if you believe the authority to have been negligent (at fault).

Establishing negligence

We will not always be liable even where damage or injury has occurred. The key issue is whether we've been negligent. If the cause of the damage was unforeseen then we won't usually be considered negligent.

For example, storm damage is not something that could have been predicted or prevented from happening.

We cannot be held liable for the independent actions of others.

Contractor works (including water, gas, electricity and broadband suppliers, etc.) 

When contractor or any third party construction work is involved, they are responsible for the works that take place. You should submit your claim directly to the responsible contractor.

If you submit a claim to us, and after investigation, a contractor is found to be responsible, you will be given the contact details of the contractor and advised to redirect your claim.

We will not pay compensation to you and then recover the costs from the contractor or third-party company.

Criminal acts of a third party 

We cannot be held liable for the criminal actions of others if damage is caused to you or your property. You should contact your own insurer in such matters.

Spillage or debris on road 

We can't be held liable for the actions of others if spillages or debris is on the road.

In some cases, we may have a legal defence to your claim.

We have a regular inspection regime for adopted roads. Intervals between inspections are determined by the volume of traffic and the type of road.  Unadopted roads are not our responsibility and are not subject to our routine inspections. 

Section 58 Highways Act 1980 provides councils with a defence against claims by allowing for the period between inspections to be reasonable and for repairs to be undertaken once defects have been found.

We may be able to rely upon section 58 to defend a claim, even if the defect was in place at the time of the incident which is the cause of your claim.

How to submit a claim

Compensation claims against us will only be considered when all of the required information and evidence has been provided by you or your legal representative. This includes your personal and contact information, the date, time and location of the incident, photographs of the location, and any other supporting information available, such as witness statements or documentation which supports the loss you are claiming for.

For further guidance about making a claim, please see our guide. For information about how we use your personal information, please see our privacy notice.

Please note: If a claim is received with incomplete information or evidence this will delay the processing of your claim. Your claim will not be considered until all of the required information has been provided.

For claims represented by a Solicitor

All personal injury claims up to £25k where the claimant is represented by a Solicitor must be submitted via the Personal Injury Claims Portal. 

Claim via the Personal Injury Claims portal

Please quote portal reference D00019 within your claim.

For Road Traffic Accident (RTA) personal injury claims

If you’ve been injured as a driver or passenger in a road traffic accident involving one of our vehicles and you believe that it wasn’t your fault, you may be able to claim compensation using the Official Injury Claim service for free and without legal help.

Claim via the RTA Claims Portal


For other highway related claims e.g vehicle damage, personal property damage etc

If your claim relates to an incident on the public highway please ensure that you have reported the issue to us using our online form as you will need the reference number from your report to make a claim

Report an issue on the highway

Making a claim

The quickest way to make a claim for compensation is by using our online claim form.

Highways claim form

You may also receive an acknowledgement from our insurance claims handlers, Gallagher Bassett, together with a claim reference number.

We aim to provide you with a decision within 90 days. Please do not chase the progress of your claim until 90 days have passed. We cannot provide updates before this time.

We will only offer compensation if we are found to have been negligent or in breach of our statutory duties under the Highways Act 1980

In summary:

  • there is no automatic right to compensation
  • liability will be determined by Gallagher Bassett on behalf of insurers, based on information provided by us
  • the law allows 90 days to investigate and determine your claim and chasing it will add the workload, not quicken the process
  • we cannot comment on, change or influence a decision which has been made by Gallagher Bassett
  • being abusive to anyone involved in the process is not acceptable

If you have any difficulties using our form please contact us.

  • Phone 01925 443322 (8.30am to 5pm, Monday to Friday)
  • Write: Insurance Services, Warrington Borough Council, East Annexe, Town Hall, Sankey Street, Warrington, WA1 1UH

If you are contacting us about a claim you have already made please quote your reference number in all correspondence.

Other claim types

If you need to make a claim for any other type of incident please contact us. 

  • Email: insurance@warrington.gov.uk
  • Write: Insurance Services, Warrington Borough Council, East Annexe, Town Hall, Sankey Street, Warrington, WA1 1UH
  • Phone 01925 443322 (8.30am to 5pm, Monday to Friday)

If you are contacting us about a claim you have already made please quote your reference number in all correspondence.


Please be aware that making a false claim for compensation is a criminal offence for which you can be prosecuted. We have a duty to safeguard public funds and will use the information you provide for the prevention and detection of fraud. We may also share your information with other bodies responsible for auditing or administering public funds for these purposes.


19 July 2023