Summary: We will not investigate this complaint about the Council’s delay in processing an insurance claim for damage to a vehicle caused by a highway defect. There is insufficient evidence of delay and we cannot determine claims for damage or personal injury. Only insurers or the courts can determine liability for the tort of negligence.

The complaint

1. Miss X complained about the Council’s failure to determine her insurance claim for damage to her vehicle. She says she submitted the claim in March 2025 and had not had a response by May when she complained to us.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint or there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X says her car was damaged by a collapsed manhole in the highway. She submitted a claim against the Council’s public liability insurance but has not heard about it in almost two months.
7. The Council told us that claims are generally processed within 12 weeks but this may take longer when more detail is required or when there are a lot of claims outstanding. It issued a contact letter to confirm the claim was being processed.
8. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council. This will then be treated as a claim, rather than a complaint and passed on to its insurers or legal team for a response on liability.
9. In this case a claim has been accepted and it can take between 6 and 12 months to process insurance claims against any third party. There is no exceptional delay in this case. If liability is rejected it will be reasonable for Miss X to pursue the matter in the small claims court. Negligence claims and interpreting the law around legal torts are generally best decided by a court. Only a court can decide whether the problem should have been dealt with by the council before it caused harm or if the council is liable to pay “damages” for the loss or injury suffered.

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Final decision

10. We will not investigate this complaint about the Council’s delay in processing an insurance claim for damage to a vehicle caused by a highway defect. There is insufficient evidence of delay and we cannot determine claims for damage or personal injury. Only insurers or the courts can determine liability for the tort of negligence.

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Investigator's decision on behalf of the Ombudsman