Public Liability Claims

Advice before making a claim

Before entering a claim for compensation (public liability claim) it is important to be aware of the following points:

• There is no guarantee that entering a public liability claim will automatically result in compensation and in many cases it does not.
• All claims are assessed on the basis of whether East Kent Housing has been legally negligent the incident. Often things happen that are unfortunate or accidental but not due to anyone’s negligence.
• Legally, East Kent Housing and its insurance company having responded to a claim they are allowed 3 months to investigate the matter. Any decision on the claim will therefore not be immediate.
• Letter of claims can be entered by the claimant in person or by a solicitor acting on their behalf. We treat all claimants equally regardless of how they are represented.
• Fraudulent claims will be prosecuted.

How to make a claim

To make a public liability claim you will need to send a formal letter of claim to East Kent Housing. Information contained within a letter of claim is defined by law but basically it should contain enough information for East Kent Housing to begin investigations.

Letters of claims should contain the following: -

• Claimants name & address 
• Date of birth
• National insurance number
• Details of the incident 
• Details of any injuries or damage to property
• Details of how or why the claimant feels the council have acted negligently

Please make sure you give as much information as possible

When preparing a letter of claim the more information that can be given, the easier it will be for East Kent Housing and its insurance company to investigate.

A map showing where an accident happened and photos are helpful.

The more information we have the quicker any investigation will be.

Letter of claims should be sent to: -

EKH Insurance Claims

C/o Insurance & Risk Management Section

Canterbury City Council

Military Road

Canterbury
Kent
CT1 1YW

What response can be expected?

Having received a letter of claim East Kent Housing will forward details to its insurance company. We will respond to you within 21 days of receipt of the letter of claim advising its insurance details.

All claims will be processed as quickly as possible but legally the insurance company is allowed 3 months to investigate the claim before responding either accepting or repudiating liability on behalf of East Kent Housing.

If the letter of claim does not contain sufficient information the council will respond within 21 days acknowledging the letter of claim but requesting further information. Until we receive this information the 3 months response time limit will not have started.

Legal Advice

A public liability claim is a legal claim and can be complicated. You may wish to seek legal advice either before making a claim or if you disagree about the decision reached.

Before appointing a solicitor please check how their costs will be funded.

The Citizens Advice Bureau can give guidance on making a public liability claim. To get details of their local office visit their website http://www.citizensadvice.org.uk/.