Making a Claim Against East Sussex Highways


What happens to my claim?

East Sussex Highways will investigate whether the Highways Authority is liable for your loss. The appropriate department will forward information and records that are relevant to your claim to East Sussex Highways to enable us to do this. We may need to contact you for further information or request a site meeting before we can assemble the relevant documentation. Once the documentation has been passed to East Sussex Highways we will then be able to assess liability and contact you accordingly.

How long will this take?

We aim to complete all investigations and provide a decision as to whether we accept liability or not within 90 days of our acknowledgement letter (or as soon as we have been provided with sufficient information to enable us to do so). This period is in accordance with the Civil Procedure Rules, whereby a defendant must be allowed an investigation period prior to any civil action being bought against the defendant. Very occasionally this period may be exceeded due to unavoidable circumstances and we would ask you to bear with us should that be the case.

When we I receive compensation?

You are not automatically entitled to compensation. East Sussex Highways will only pay compensation where it has been negligent or breached a statutory duty or contract, and that negligence or breach has led to injury or damage to your property. The success of your claim is not dependent on whether you have suffered a loss but whether the Highways Authority is responsible in law for that loss.

Who makes the decision of liability? 

East Sussex Highways will decide whether they believe the Highways Authority is liable for your loss. The decision will be based on the information both you and the relevant department have provided, as well as existing legislation and previous court decisions. If liability is accepted, we will inform you and may request documentation in support of the value of your claim. If liability is denied, we will contact you with the reasons why your claim is being turned down.

What if I don't agree with the decision on liability?

A claim for compensation is a civil matter and is reviewed in line with the law. If you do not agree with the outcome of your claim, you may wish to seek legal advice, either from an independent lawyer or free advice can be obtained from the citizens advice bureau.

If you have evidence that you feel has not been considered when reviewing the facts of the claim, you can send it to the claims team by emailing We can then look into this for you. However, we will not accept appeals without evidence, and these will not be responded to.