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Insurance claims

Barnsley Council is insured by Maven Public Sector – Policy No: P25CASLFG00207

Ministry of Justice Portal Reference – D00051

You can submit an insurance claim to us if you've suffered from one of the following and you consider this is due to either the council or Berneslai Homes' negligence:

  • personal injury

  • loss or damage to property or a building

  • damage to a vehicle or cycle

To make a claim you'll need to prove in civil law that we've been negligent and/or breached our statutory duty. Even though an incident may have happened, it doesn't mean that we're liable (lawfully responsible). If we feel that we've not been negligent, we'll defend the claim.

You have the right to make a claim for compensation, but this doesn't mean you have an automatic entitlement to be compensated.

What we can't be held responsible for

Neither Barnsley Council nor Berneslai Homes can be held responsible for the following:

  • Unavoidable damage resulting from a service we have a duty to carry out. For example: damage to decorations or floor coverings when we're installing heating systems or doing any other planned maintenance or refurbishment work.

  • The actions of any contractor or utility company, even if they're acting on our behalf. In these cases you should make your claim directly to the contractor or utility company.

Claims related to Berneslai Homes properties

Some people may think that when you rent a property from Berneslai Homes, your furniture and personal contents are already insured. This isn't the case. Berneslai Homes are only responsible for providing you with an unfurnished home.

If you're a Berneslai Homes tenant, you're responsible for making sure your contents are insured. Berneslai Homes can offer you a contents insurance scheme. Check the Berneslai Homes website for more details.

You're also responsible for reporting anything that needs repairing to Berneslai Homes on 01226 787878. Our claims department won't do this for you.

Council leaseholders

If you're a Berneslai Homes leaseholder and you want to make a claim under your contents insurance policy, visit the Berneslai Homes website.

Claims related to defects on roads and pavements

We're responsible for maintaining the roads in the borough as part of a planned maintenance schedule. However, the law states that we can't be held responsible for every problem that happens on our roads.  This includes the actions of independent contractors, utility companies, and third parties. Neither can we be held liable for alleged defects on roads and pavements if we weren't aware of the defect prior to your incident.

The existence of a defect doesn't in itself constitute a legal liability. The courts have accepted that we can't be on hand at all times to repair every defect. We also can't be expected to remove every piece of debris the moment it appears on the road. Neither are we liable if we've taken preventive measures within reason. This is outlined in section 58 of the Highways Act 1980.

The repair of any defect is not an admission of liability. Along with Berneslai Homes, we have a statutory duty to repair/make safe any defect that's hazardous. We have to do this within a reasonable period of time, once it's been reported. It may be that the defect wasn't reported until after the incident occurred. The fact that a defect has been repaired doesn't imply that it was a hazard. Many repairs are carried out purely as a precautionary measure.

We'll investigate the claims we receive about defects on roads and pavements on a case by case basis. Where we have a defence, under section 58 of the Highways Act 1980, we won't pay compensation.

Reporting defects on roads and pavements

If your accident was a direct result of a defect on a road, footway or verge, please report the road defect online. If you feel that the issue needs immediate attention to prevent another accident, please call our 24 hour emergency helpline on 01226 773555.

Time limit for making a claim

The time limit for making a claim is:

  • three years for personal injury claims

  • six years for damage to property claims

How to make a claim

If you've been involved in an incident, you can make a claim by filling in our insurance claim form below.

When describing the incident that caused the loss, damage or personal injury, please include:

  • full details of your allegation - why you think the council or Berneslai Homes is at fault

  • full details of any injuries or loss

  • full details of any property defect, with measurements

  • details of the weather conditions when the incident took place

  • direction of travel, by foot or vehicle

  • details of any treatment at an NHS hospital (for personal injury)

  • details of your earnings if your claim involves loss of earnings

  • any other details to support your claim

Make sure you complete all the required sections for your type of claim.

If you're completing the form on behalf of a minor (someone under 18 years old), or on behalf of someone else, you need to enter their details as the claimant and select 'Yes' to the question 'Have you completed on behalf of the claimant?'. You'll then need to fill in your details as the submitter of the form underneath.

Supporting documents

To support your claim, you need to upload the following in the form when prompted:

  • a sketch of the incident location and a photograph

  • two independent estimates for repair unless the repair had to be done straight away (such as a broken windscreen) - in this case, please provide an invoice/receipt

Filling in the claim form is the first step in the liability and investigation process. This does not indicate acceptance of liability, or that an offer of compensation will be made by us.

If you're not able to complete the online form, please contact us.

What happens when we receive your form

When we receive your claim we'll send you an email which includes your claim reference number.

Depending on the nature of the claim, we may deal with it internally or pass it to one of our external claims handlers (Topmark, Gallagher Bassett or Broadspire). The handler will acknowledge the claim and contact you within 21 days of receipt.

We'll do a preliminary investigation and write to you to advise one of the following:

  • That your claim should be directed elsewhere.

  • To confirm if your claim has been passed to external claim handlers.

  • To request extra details. (It's important you provide these details quickly and completely, as the investigation will be put on hold until we've received the full details from you.)

  • If your claim is for damage to property and we admit liability, that we'll take into account the age and condition of the damaged goods. (We won't provide new for old, and you must provide receipts where available to support your claim.)

  • To inform you that we're preparing a full report to enable us to decide on liability. (Please be aware that the decision regarding the outcome of your claim may take up to three months, as details will have to be requested from internal teams within the council.)

  • That your claim has been denied, with details of the reason for the denial.

Appeals

If you disagree with the decision about your claim, or you have new evidence, you can make an appeal. Email or write to the claims handler, stating the reasons why you want your claim to be reviewed.

Although a claim may be reviewed, this doesn't mean that the original decision will be altered.

Fraudulent claims

If we find that you've made or helped someone else to make a fraudulent claim, you could be prosecuted.

If you suspect that a fraudulent claim has been made against us, please let us know. You can report a fraudulent insurance claim online. Anything you tell us will be treated in confidence.