Claims for vehicle damage caused by roads

 

(1) How many claims the Devon County Council received between January 1st 2009 and December 31st 2019 from motorists claiming that their vehicles have been damaged by the condition of roads, maintainable by the Devon County Council as the Highway Authority?

We have received 4568 claims from motorist for damage to vehicles as a result of the condition of the roads since 2011. This information was sorted by the date the record was created in our database and filtered by road surface safety defects with vehicle damage as the claim type. We do not hold records going back to 2009 due to retention periods.

(2) Of the claims that that have been made under (1) above, how many were settled by the Devon County Council, without the complainants proceeding to litigation?

3072

(3) How many claims under (1) above proceeded to litigation?

(4) How many of the claims under (3) above did the DCC successfully defend?

In response to questions 3 and 4, we do not hold a central record of this information.   To obtain this information would require an individual review of 6239 claims which have been made to establish whether proceedings were in fact issued and the outcome of the litigation.  To allow for, say, a 15 minute review of each case file, this would take a total of approximately  almost 1,600 hours.  This is in excess of the appropriate limit of 18 hours and, therefore, pursuant to s.12 of the Freedom of Information Act 2000 we are not obliged to provide this information.

To clarify, the total number of claims we refer to in response to this question is different to the total we have provided in question 1 as these claims will include claims which are not motor claim damage.

(5) On how many occasions, and on what dates between January 1st 2009 and December 31st 2019, did the DCC inspect the condition of Withy Lane, between Whitehall Cross and the junction of Withy Lane and Coombe Hill, Hemyock?

Withy Lane, Hemyock: 4 October 2019, 11 October 2018, 27 September 2017, 27 September 2016, 18 September 2015, 16 October 2014, 23 September 2013, 26 February 2013 (Ad Hoc – Potholes Only, Grit Bins), 28 September 2012, 14 September 2012 (Ad Hoc – Potholes Only), 26 April 2012 (Gully Emptying), 31 January 2012, 21 January 2011 (Ad Hoc), 21 October 2010, 25 August 2010 (Ad Hoc), 28 April 2010 (Ad Hoc – Potholes Only), 17 September 2009, 20 February 2009 (Ad Hoc).

Road from Whitehall Cross to Park Cross, Hemyock: 4 October 2019, 11 October 2018, 28 September 2017, 27 September 2016, 18 September 2015, 16 October 2014, 23 September 2013, 26 February 2013 (Grit Bins), 16 January 2013 (Ad Hoc – Potholes Only), 28 September 2012, 16 August 2012 (Ad Hoc – Potholes Only), 26 April 2012 (Gully Emptying), 30 January 2012, 15 December 2011 (Ad Hoc – Potholes Only), 13 July 2011 (Ad Hoc – Potholes Only), 21 January 2011 (Ad Hoc), 21 October 2010 (x2), 25 August 2010 (Ad Hoc), 28 April 2010 (Ad Hoc – Potholes Only), 9 November 2009 (Ad Hoc), 17 September 2009, 20 February 2009 (Ad Hoc).

(6) Of those inspections made under (5) above, how many were as a result of specific reports of damage to the road surface and how many were routine inspections?

Withy Lane, Hemyock: 6 out of 20 total.

Road from Whitehall Cross to Park Cross, Hemyock: 9 out of 23 total.

To clarify further, these are the inspection date which are identified as “ad-hoc” in the response to question 5 above

(7) Between January 1st 2009 and December 31st 2019, how often was Withy Lane resurfaced in its entirety between between Whitehall Cross and the junction of Withy Lane and Coombe Hill, Hemyock?

The entire length of Withy Lane was surface dressed in 2014/15, the work was completed on the 9th May 2014.
We hold no records of worked carried out before 2012

(8) In each year, between January 1st 2009 and December 31st 2019, how many of the repairs carried out in Withy Lane were ‘repeat’ repairs i.e. repairs on the same place in the road as repairs previously made?

We do not hold this information.