National Highways claims for damage to the road network (Green Claims)
There are occasions where National Highways seeks to recover monies from a third party in respect of damage caused to the strategic road network (SRN). These are known as 'Green Claims'.
In order to maintain the SRN to ensure the safety of all road users, it’s essential that we act quickly to remedy or repair defects and damage that may be hazardous. Where this damage has been caused by a third party, it may lead to a Green Claim.
We claim against an insurance company to recover the cost of repairing damage to the network which is brought under the common law tort of negligence. We need to establish that negligence has occurred before a claim is pursued. A claim which cannot be resolved by negotiation would, unless withdrawn, ultimately lead to litigation. All claims need to properly evidence the circumstances that gave rise to the claim and provide a robust justification for the amount being sought.
Our duty to maintain the SRN is outlined in Section 41 of the Highways Act 1980.
Process flow for Green Claims
- Claim is identified
- Intimate the claim against driver, employer or insurers
- Validate all the costs for repairing the damage
- Negotiate to agree a settlement
- If litigation is required because a settlement can’t be agreed in step 4, go to step 6. If litigation isn’t required as a settlement has been agreed, go to step 8.
- Instruct solicitors to act on our behalf to recover costs
- Complete litigation activity with our litigation partner
- Raise an invoice for settlement amount
- Payment is received by us
- Claim is closed on all systems
