Claims procedure

Making a claim against the Council

Document

Employers' Liability and Public Liability PDF, 137.78 KB, 2 pages

If you would like to receive a copy of the accessible files on this webpage, please email [email protected].

For information on how we handle your personal data please view our Fair obtaining notice.

If you are a third party solicitor:

If you wish to submit a new Employer's Liability (EL), Public Liability (PL) or Road Traffic Accident pre 1st June 2021 (RTA) claim against the council through the claims portal, the council’s portal code is: G01065.

If you are a claimant in person:

Before making a claim for compensation against the Council please note the following:

• Everybody has the right to make a claim but the Council will only give compensation if the council is legally at fault for the incident.
• For a personal injury claim, once the Council has acknowledged your letter of claim, we aim to investigate the claim and either admit or deny liability within 40 business days (from the date the letter of acknowledgement is sent). These time scales adhere to the current Ministry of Justice: Pre-action Protocols. All other claims such as property damage claims are handled in the spirit of these protocols.
• If you are insured privately for the damage or injury sustained, such as motor insurance, you may wish to report the claim to them. If covered they will settle your loss and then pursue recovery against the Council on your behalf, reducing the administrative burden on you.
• Fraudulent claims will be prosecuted and could result in imprisonment.

Please include as much information as possible and include any photographs or maps of the location. It is your responsibility to prove your loss against the Council; vague or incomplete information or failure to identify the exact location of a slip or trip claim will prevent legitimate investigation and will result in your claim not being accepted as meeting the Ministry of Justice: Pre-action Protocols. The more information you provide the council, the easier it will be to investigate and reach a decision of liability.

Please note that failure to provide sufficient information in your letter will result in it not being considered a letter of claim.

If you wish to make a claim against the Council please submit a letter of claim to the Council’s Insurance team:

• email: [email protected]
• please note the shared insurance service between City of Westminster, Royal Borough of Kensington and Chelsea and London Borough of Hammersmith and Fulham.

The information needed in a letter of claim is defined in law and should include the following information:

• Your name and address
• Your date of birth
• Your National Insurance number
• Details of the incident such as exact location and date/time it occurred
• An indication of the injury or damage to property
• A detailed explanation of how or why you feel the Council has acted negligently

If you have been in a Road traffic accident:

If you have been involved in a road traffic accident on or after the 1st June 2021 with a vehicle owned by the Royal Borough of Kensington and Chelsea and have been injured and wish to make a claim, you should direct your claim to the Official Injury Claims Portal. Please visit the Official Injury Claims website to make a claim.

Government legislation states that all eligible claims should be submitted through this internet portal site, which has been designed and tested to ensure it is user-friendly and that you do not require legal training to use it.

There is information on the website and a helpline number if you need assistance to register the claim.
Once you have registered the claim, we will be able to investigate your claim and provide a response.

If you are making a claim for personal injury or property damage caused whilst travelling on the highway:

Please note: If you are making a highways claim, it will assist us if you provide a completed highways claim form:

• Highways claim form [PDF] (file size 52Kb)

If you are a council tenant making a claim for injury or damaged property in your home:

Please note: If you are making a housing claim in relation to damage, it will assist us if you provide a completed housing claim form:

Document

Housing claim form PDF, 253.05 KB, 9 pages

If you are a Royal Borough of Kensington and Chelsea residential leaseholder

If you are a residential leaseholder and wish to make a claim on your buildings insurance, please refer to the Housing Management page.

If you are a Royal Borough of Kensington and Chelsea commercial property leaseholder

If you are a commercial property leaseholder and wish to make a claim on your building insurance, please call our commercial property insurers, Protector Insurance, quoting policy ref 549806:

Tel: 0161 274 9077

• email: [email protected]
• online via the Protector UK website
• post: Protector Insurance, 7th Floor, 3 Hardman Street, Manchester M3 3HF

For all other queries please contact the Council's Insurance Section:

• email: [email protected]
• telephone: 07714 839767 / 07970 944 462 / 07970 944 475

Please be advised we are currently requesting that all proceedings and communications are sent electronically, either direct to the case handler or if unsure please send to [email protected] for all three Councils of RB Kensington & Chelsea, LB Hammersmith and Fulham and City of Westminster.

Fair Obtaining Notice

Read the Fair Obtaining Notice

Please take a few minutes to read this document carefully as it contains important information relating to the details that you will give / have given us.

We are required to send you this information to comply with GDPR (General Data Protection Regulations) 2018. It explains how we may use your details and tells you about the systems we have in place that allow us to detect and prevent fraudulent claims.  

The Council is a subscriber to the Claims and Underwriting Exchange (CUE). The CUE system is an insurance industry shared database of insurance claims that helps compensators and insurers identify non-disclosure, concurrent claims activity and prevent fraud.

How we will use your data

• Management information purposes i.e. to analyse data for the purposes of: 
  • portfolio assessment;
  • risk assessment;
  • performance reporting;
  • management reporting;
• Anti- fraud purposes i.e. to detect and prevent fraudulent claims and/or activities by:
  • sharing information about you with other organisations and public bodies including the police;
  • undertaking fraud searches. The Council passes information to the Claims Underwriting and Exchange Register and where appropriate the Motor Insurance Anti-Fraud and Theft Register administered by the Motor Insurance Bureau (MIB). This helps the Council check information and prevent fraudulent claims. When we deal with your claim we may search these registers.

• Compliance with legal obligations and responsibilities:

  • Claims management – In the event of a claim we may need to disclose information with any other party involved in that claim such as third parties involved in the incident, their insurer, solicitor or representative and medical teams, the police or other investigators.  We also may have to investigate your claims and conviction history;

  • Motor Insurance Database - Information relating to your insurance claim may be added to the Motor Insurance Database (MID) managed by the Motor Insurers' Bureau (MIB). MID and the data stored on it may be used by certain statutory and/or authorised bodies including the Police, the DVLA, the DVLNI, the Insurance Fraud Bureau and other bodies permitted by law for purposes not limited to but including:

    • Electronic Licensing

    • Continuous Insurance Enforcement; 

    • Law enforcement (prevention, detection, apprehension and or prosecution of offenders)

    • The provision of government services and or other services aimed at reducing the level and incidence of uninsured driving.

If you are involved in a road traffic accident (either in the UK, the European Economic Area or certain other territories), insurers and or the MIB may search the MID to obtain relevant information.

Persons (including his or her appointed representatives) pursuing a claim in respect of a road traffic accident (including citizens of other countries) may also obtain relevant information which is held on the MID. It is vital that the MID holds your correct registration number. If it is incorrectly shown on the MID you are at risk of having your vehicle seized by the Police. You can check that your correct registration number details are shown on the MID on the askMID website.

• Complaints management - If you make a complaint about the service we have provided, we may be obliged to forward details about your complaint, including your personal information, to the relevant ombudsman.

How will your data be processed

Information which is supplied to CUE can include details such as your name, address and date of birth together with details of any injury arising from a claim.

Your data may be transferred to any country, including countries outside of the European Economic Area, for any of the purposes mentioned above.