Frequently Asked Questions - Compensation Claims
How Do I Make A Claim?
Completing a claim form will assist Central Claims Unit to process your claim as quickly as possible. You may request a claim form from either of the Unit's two Offices either via e-mail, by telephone or in writing. Alternatively, you may complete one of the claim forms attached to this site, download it, sign it and attach any relevant documentation before posting it to one of the Unit's Offices. A further option, after electronic completion and submission of the claim form the Unit will download the information and return it to you for signature and attaching any original documentation before posting it back to us.
When Will I Receive My Compensation?
Compensation is not automatically guaranteed. Article 8 of the Roads (NI) Order 1993 allows you to claim compensation, but also provides the Department with defences to such claims. If the Department can show that it operated a reasonable system of inspection and repair of the road in question, you will not be entitled to compensation. This principle has long been accepted in numerous Courts throughout Northern Ireland. Thus, if your accident has happened in spite of a system of regular inspection and prompt repair, then your claim will be rejected. Similarly if your accident was caused by a very small defect in the road, or by something sitting on the road (eg rubbish or other debris) then the Department for Regional Development would again not be responsible for any damage caused. As a result of this legislation, the Department must thoroughly investigate every claim to establish whether or not it has a defence to the allegation made.
How Long Will That Investigation Take?
The average timescale for a decision to be taken on vehicle damage claims is 4 months and for personal injury claims 8 months. For internal flooding of living accommodation the target is 6 weeks whereas the average timescale for a decision on all other property damage claims is 6 months. Unfortunately, the Department cannot influence the timescale of responses from other parties.
To thoroughly investigate your claim, CCU must check the following:-
Inspection and repair records.
Other records (eg public complaints)
Whether or not a Contractor or Service Authority is involved.
These investigations can take some time therefore your patience is appreciated.
Once your claim has been thoroughly investigated, a decision is taken either to settle it, reject it or refer it to another party eg Contractor.
Why Do You Need To Involve A Contractor?
From investigations, it may be established that a Contractor caused the defect in question. Any Contractor employed by the Department for Regional Development indemnifies the Department against claims of this nature. If CCU is satisfied that the Contractor is responsible for the defect in question, CCU will notify you and refer your claim to the Contractor, because the Contractor will be responsible for dealing with your claim and not DRD.
Will I Have To Attend A Site Meeting?
Personal Injury and Vehicle Damage Only
It is essential that the exact accident locus is identified to the Department, in order that your claim can be investigated thoroughly, fairly and quickly. A site inspection with a DRD representative may therefore be required to pinpoint the locus.
From the inspection, a detailed report and sketch is compiled to enable Department Engineers to carry out various record checks and enquiries. Without a specific accident location, the claim cannot be investigated. However, you should contact CCU immediately, if you are unable to attend a joint site inspection.
Will Someone Inspect My Damaged Property?
It may well be necessary for a representative of the Department to inspect the damage to your property. In some cases the Department will employ the services of an independent loss adjuster who will visit you to examine the damage and advise the Department about the financial aspects of your claim. Such visits however do not in any way infer acceptance of liability by the Department but are intended to save time when the issue of liability is decided.
