You can use our online service to make a claim for:
- Vehicle damage
- Personal injury
- Property damage
To receive compensation for loss or damage, you must be able to show that Devon County Council was legally negligent.
Our Responsibilities
We are responsible for most roads, cycleways and footways in Devon (excluding Plymouth, Torbay, and motorway/trunk roads managed by National Highways).
However, we are not automatically liable for every incident. The law recognises that:
- It isn’t possible to repair every pothole or defect the moment it appears.
- Debris cannot always be removed immediately.
- If we can show we have a reasonable inspection and maintenance system, no liability would attach.
- Damage caused by events outside our control, such as severe weather, is usually not something we can compensate.
Some claims may be passed to our maintenance contractor if they are responsible. We will let you know if this applies to your case.
Before you make a claim
Please think carefully before submitting a claim. In some cases, it may be quicker and more appropriate to claim through your own insurance company, who may then contact us if needed.
If you do make a claim, we will carry out a full investigation, regardless of the claim’s value. These investigations require significant staff time, and successful claims under £250,000 are paid from Council funds that would otherwise support local services.
We defend many claims because we maintain a robust inspection system.
Claims where payment was made
Please note the following figures regarding payments made for damage-only and personal injury claims:
| Year | Percentage of damage-only claims that were paid | Percentage of personal injury claims that were paid |
|---|---|---|
| 2021 | 21.53% | 4.35% |
| 2022 | 19.43% | 3.33% |
| 2023 | 18.85% | 1.86% |
| 2024 | 9.31% | 2.89% |
| 2025 | 6.98% | 1.45% |
What You Need to Make a Claim
Before starting, you must have:
- Reported the incident and obtained a reference number.
- Enough detail and evidence to support your case, including photos.
The online form will guide you through all requirements.
Documents Required for Vehicle Damage Claims
Please have the following documents ready to upload. Missing information will cause delays:
- Proof of valid road tax https://www.vehicleenquiry.service.gov.uk/
- Vehicle registration document (V5) – must show you are the owner
- Dated photos of the road defect and surrounding area (if safe to obtain without endangering yourself or others)
- Dated photos of the vehicle damage
- A clear map or location plan of the highway defect
- Invoices or receipts for costs (quotations are not usually accepted)
- A copy of your insurance certificate (valid at the time of the incident)
- A copy of your MOT certificate, including any advisory notes (valid at the time of the incident)
How Long It Takes
The initial assessment process can take up to 16 weeks – please do not contact us during this time.
Please note that if your claim form is inactive for 10 minutes or more you will be locked out and will need to start again.
If you are unable to complete the online form, please contact us and we can provide a paper application.
Do not send us any original documents as we are unable to return them.
Do not send disks, USB sticks or any other device containing documents or photos as we are unable to use them.