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Maintaining roads

Highway insurance claims

For a claim against Devon County Council to be successful it would have to show that loss or damage was caused as a result of our negligence.

We have responsibility for roads, cycleways and footways (excluding Plymouth, Torbay, and the motorway and trunk roads maintained by Highways England), but we are not automatically liable for every incident which occurs on them.

The courts have long held that it isn’t reasonable to expect councils to repair each pothole or highway defect as soon as it develops or occurs, or remove every piece of debris from the road the instant it has been deposited. As long as we can show that we have a system of inspection in place that is reasonable, no liability would attach.

If loss or damage occurs due to situations beyond our control, such as severe weather conditions, this is not normally something we can be held responsible for.