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Maintaining roads

Claims we will not process

We will not process the following claims:

  • Loss of business due to roadworks/road closure.
  • Claims for extra mileage/petrol due to a road closure.

We cannot make payments in respect of compensation as a result of its highway works. When Parliament passed the relevant legislation that requires the maintenance of public highways (Highways Act 1980) there was no requirement on highway authorities to pay compensation to residents or businesses that might be affected by such works, or for the extra fuel costs. We always try to ensure that we schedule and carry out such works in a way that minimises disruption and inconvenience, but even if that occurs, there is no legal basis on which we can make compensation payments.

  • Damage caused by BT, SWW, Western Power or other utilities apparatus.
  • Damage caused by contractors working on the highway:
    • Grass cutting
    • Lining works
  • Where highway/footway is not highway maintainable at public expense.
  • Where damage happened on the M5 or A38 or other trunk roads – these should be directed to Highways England.
  • Wear and tear to vehicle – which was contributed to by the general road condition in the area.
  • Debris on the road.
  • Damage due to gritting/gritters – see information below.

Please be advised that winter maintenance is carried out on behalf and under the instruction of Devon County Council by Milestone, our Term Maintenance Contractor. The contract of employment we have with Milestone indemnifies us from any claims arising as a result of their negligence and therefore any claims for damage caused by gritters should be made to Milestone.

Care is taken to ensure that gritting takes place correctly: correct salt spread is used; gritters are driven at appropriate speeds, with signage and lights advising people of the activity being undertaken. If you choose to drive near or overtake a gritter, you do so at your own risk. If you wish to pursue your claim through a court, you will be asked to prove that Milestone have acted negligently.