This procedure describes how Third Party Claims will be dealt with. It seeks to ensure that claims are recorded, investigated and dealt with in a professional, fair, thorough and timely way.
If you have had an incident on the trunk road network and wish to report a defect and make a claim for damages the following process should be followed.
Providing accurate, timely information is key – particularly if the issue may cause an issue for other road users. The sooner we know about it the sooner we can address it.
When reporting a potential a claim, please supply:
Once you’ve provided the above information we will send you a claims form to complete.
It is essential that you provide evidence with this in the form of photographs and any relevant reports. Alternatively you can download a Third Parties Claim form in the link below..
NB: supply of evidence is essential to allow us to investigate and proceed the claim appropriately.
We aim to provide a professional process for dealing with potential claims by capable, well-trained staff. All potential claims are logged and fully investigated. In certain circumstances we may contact you to discuss the incident.
We will determine the merits of the claim based on the outcome of the investigation and evidence provided by the claimant. We will then advise the claimant of the outcome of the investigation and the decision reached regarding liability.
We will provide a full, clear explanation for decisions taken.
If it is established that the claim relates to an organisation other than BEAR Scotland, all information related to the claim, including the form and any evidence, will be forwarded to the relevant organisation within two working days of reviewing the information and establishing their responsibility. The claimant will be informed in writing within five working days that this has been done.
The information provided relating to the claim will be handled in accordance with the Data Protection legislation. In addition to the person who issued this form, the information may be shared with the Scottish Ministers, their contractors, insurers and professional advisors.
Senior managers are responsible for reviewing claims in the event that the claimant disagrees with the initial decision and seeks to appeal.
A claimant will receive confirmation of receipt of the request that the claim for damages will be reviewed under our appeals procedure. This process should take approximately 28 days from the date of this letter.
Following this review, further correspondence will be issued in which we will either uphold the original determination explaining why we consider this to be the case, or overturn the original decision and make arrangements for costs to be met.