Insurance - Making a Claim
Information for solicitors
The following information is provided to assist you in submitting Public Liability and Employers' Liability claims directly onto the portal:
Public Liability and Employers Liability Insurance provider:
- Zurich Municipal Insurance Company PLC
- Policy No: QLA-07H080-0193
- Portal ID: C00108
Please note that we are not the Highways Authority. If you are unsure as to whether we are responsible for the incident location please send a plan via email to insurance_services@westlancs.gov.uk and we will confirm ownership of the incident locus.
Lancashire County Council can be contacted on 0300 123 6701 or alternatively MARIO is Lancashire's online mapping service, which shows areas of County ownership. Visit Mario Maps (external link) for further details.
Information for claimants
If you experience damage, loss or harm to yourself or your belongings, you may be eligible to make a claim for compensation against the council. Before making a claim for compensation against the council, please be aware of the following:
Leaseholders
This information applies to you if you own a flat that has been purchased under the ‘Right to Buy’ Scheme. If you wish to make a claim on your buildings insurance please note that claims are to be notified as soon as possible, with full details to be provided within 30 days of the claim (7 days in respect of riot or malicious damage) including supporting evidence in writing. The police must be notified as soon as possible in the event of theft or malicious damage. If you want to make a claim please contact the insurance team by email insurance_services@westlancs.gov.uk or telephone 01695 583470
Out of office hours claims can be made directly to Zurich Municipal Property Claims Telephone Number: 0800 028 0336. Please note, this number will divert to Zurich's out of hours services as appropriate where their team can advise on immediate assistance as required. Please quote policy number HB 07H080 0221 if making a claim directly to Zurich.
Home contents insurance customers
If you wish to make a claim on your home contents insurance that you have in place via the council please telephone MPL Claims Management directly on 0345 060 0030 or you can submit a claim here: https://thistle-wr-policyholderportal.co.uk/
Basis for considering claims
Events can often occur that result in injury or a financial loss that are not due to any party’s negligence. All claims are fully investigated to establish whether the council is legally at fault for the incident. If there is no negligence, then no offer of compensation will be made.
Using your own insurance policies
If you have your own insurance arrangements in place providing cover for loss (such as a motor, household buildings and/or contents policy) you may wish to make a claim from this. This should mean that the matter is dealt with more quickly, as there is not the requirement to investigate and establish negligence. Your own insurer is also likely to replace your damaged items on a 'new for old' basis whereas the council will provide any compensation on an indemnity basis meaning that a 'like for like' offer will be made.
If your insurer believes that fault lies with the council, they may contact us to seek a recovery of their outlay.
Land ownership
Lancashire County Council may own areas of land in the borough. Contact them on 0300 123 6701 or alternatively MARIO is Lancashire's online mapping service, which shows areas of County ownership. Visit Mario Maps (external link) for further details.
How to make a claim against the council
If you have suffered personal injury or damage to your property as a result of actions by the council, you may consider making a claim. For the claim to be successful you will need to prove that the council has been negligent and has not done everything that is reasonable to protect you or your property. There is no automatic entitlement to compensation when something happens - the alleged incident may not have been the fault of the council.
If you wish to make a claim against the Council for property damage or personal injury, you must submit details of the claim on the appropriate claim form. The claim form can be submitted to the insurance team by email to insurance_services@westlancs.gov.uk or by post to the address on the top of the form. Hard copies of the form are available upon request.
A claim from a member of the public can only be progressed if we receive the appropriate claim form. We do not take details over the phone in case we misinterpret any of the information you give us.
You are free to seek independent legal advice from a solicitor to act on your behalf.
Please ensure that all documents requested on the claim form are submitted along with the appropriate form. Failure to do so will mean a delay in us processing your claim.
Personal Injury Claim Form (57kb)
Motor Vehicle Damage Claim Form (62kb)
Property Damage Claim Form (59kb)
PLEASE NOTE: IF YOUR CLAIM REFERS TO A HIGHWAY OR POTHOLE INCIDENT, PLEASE CONTACT LANCASHIRE COUNTY COUNCIL ON 0300 123 6780 OR EMAIL HIGHWAYS@LANCASHIRE.GOV.UK.
Please note:
- You are entitled to seek independent legal advice at any stage during the processing of this form.
- The issue and acceptance of this form by us is entirely without prejudice to any liability on our behalf.
- Please do not use this form for any other purpose than to notify us of this incident.
- West Lancashire Borough Coucnil may not be the land owner. Please check land ownership as detailed above.
Your supplied documents
Please note that all documentation we receive is scanned for our records and unless specifically requested at the time of the submission for said documents to be returned to you, the documents will be securely destroyed
What happens next?
1. When we receive your claim form, it is logged, assigned a council claim reference number and dependent upon the nature and value of the claim it may then passed to our insurers or appointed claims handlers. We will acknowledge your claim within 7 working days. We will also confirm who will be dealing with your claim and provide contact details.
2. The council, our insurer, or claims handler will review the claim and make a decision as to whether the council is legally liable for the loss or not. You will therefore receive correspondence either from the council, our insurer or claims handler, firstly acknowledging receipt of your claim and later telling you the outcome of your claim.
3. Do not dispose of any damaged items prior to the council confirming whether they wish to inspect the property concerned. If you do so this may result in a reduced settlement being paid in the event of liability being accepted. If the damaged property poses a risk to health & safety, then it should not be kept but photographic evidence should be taken.
4. If the council is found to be legally liable for your loss, the council's liability is limited to the value of the loss immediately prior to your incident. In other words, any payments made will not be on a 'new for old basis' as may be the case through your own insurers.
5. If making a claim for property damage then you must submit two quotes for replacement or repair. The council has a duty to ensure that any offer of compensation is reasonable and by requesting two quotes it enables us to determine that an amount being claimed is reasonable. Once a quote is approved then it is your responsibility to instruct the contractor to carry out the work. Payment of the claim will only be made upon receipt of a final invoice. We can make payment either to you or your nominated contractor with your written consent.
6. If it is decided that the council is responsible, you will be sent a letter or email offering compensation together with an acceptance form which should be signed and returned. If you accept the offer you will need to complete the acceptance form confirming the bank details of any settlement payment.
7. If you are VAT registered you will receive payment of your loss less any VAT.
8. Any successful claim settlement may be offset against any debt owed to us in whatsoever capacity, including, but not restricted to council tax and rent arrears.
How long will it take?
The time it takes to complete a case depends on the type and complexity of the claim. Once your claim has been allocated to a file handler, you will be advised of the maximum time in which you can expect to receive your decision.
If your claim is being dealt with by the council, we will endeavour to advise you within 90 days of commencement of the investigation whether your claim is accepted or rejected.
Contractor works
The council cannot be held liable for the independent action of others. When a contractor or any third-party work is involved, they are required to have public liability cover and are solely responsible for any works that take place. If after an investigation into a claim a third-party company is found to be responsible, you will be supplied with a denial letter or email from the council and the name and address of the company of which to redirect your claim. The council will not pay any form of compensation automatically to you and then recover the costs from the contractor or the third-party company. The onus will be on you to submit a new claim to the third-party company.
Appealing a decision
You may seek independent legal advice at any stage throughout this process. If you disagree with the decision made you may then seek legal advice and go to court.
Any queries or challenges to a liability decision made by the Council must be made in writing and sent to Insurance Services, West Lancashire Borough Council, 52 Derby Street, Ormskirk, L39 2DF. Or by email to insurance_services@westlancs.gov.uk
Upon receipt of your appeal, your claim will be reviewed, and we will confirm the outcome of the review in writing.
If your claim is sent to our insurer or claims handler, then they will inform you of how to appeal their decision.
Complaints with regard to the handling of your claim will be dealt with via our complaints procedure. However, we are unable to deal with disagreements regarding the outcome of your claim under this procedure and these should be dealt with as outlined above.
Protecting Public Funds
In order to protect public funds we will use the information you provide in relation to your claim to detect and prevent fraud. This information may be shared with other departments within the council and with other organisations for the same purpose. Any person found to be making a fraudulent claim (or assisting in the making of a fraudulent claim) would be liable to prosecution.
General enquiries
Any general insurance enquiries can be made by emailing insurance_services@westlancs.gov.uk or by writing to Insurance Services, West Lancashire Borough Council, 52 Derby Street, Ormskirk, L39 2DF
Privacy Notice
For information on what to expect when the Council's insurance section collects or is provided with personal information, please see the Council's Corporate Privacy Notice (pdf 416kb).
