If you are making a claim against us, the basis for the claim is that there has been fault on the part of the council and it is therefore necessary for you to prove that they have been at fault in law. There is no automatic entitlement to compensation. Even though something has happened it does not necessarily mean that we can be held to blame.
You need to put your claim in writing to your Senior Housing Officer who will come and speak to you about the claim, gather all the evidence and complete the insurance claim form. The form will be forwarded to the insurance section and subsequently the council's insurers. Claims are always processed as quickly as possible. However, the law allows the insurer a period of up to three months to investigate the incident and advise of their decision as to whether there has been any fault on the part of the council. If the insurer requests further information from you to clarify the circumstances of the incident, the three month investigation period will only start after they have received it.
If the insurer is not paying your claim, you will receive a letter detailing why. If you wish to dispute their decision, please write with any further information to the insurer and not to the council. If the insurer considers the council to be responsible, they will then need to collect evidence to assess how much they should be paying.
If the claim is for damage to your property, the insurer will require original receipts (if available) and/or replacement estimates and confirmation of the age of the items. Please be aware that the offer will not be on a new for old basis and as such will be adjusted for wear and tear etc.
If your claim is for injury, medical evidence will need to be gathered. The insurer will forward a form for completion to allow them to approach your GP/hospital for a report. Please be aware that the amount of time it takes to receive the report can vary widely and is something over which they have no control other then to issue regular reminders. You can of course chase the GP/hospital yourself in this instance.
If the injuries are severe or the GP/hospital report is not sufficient to accurately assess the value of your injuries, the insurer may need to appoint a consultant who will need to examine you to prepare a comprehensive report. This process can be lengthy and may take a number of months.
Once all the evidence has been collated, the insurer will then put forward in writing, an offer which they consider will accurately reflect an appropriate level of compensation.
You should confirm to whom the cheque should be made payable when you accept the offer in writing. Cheques will normally be issued within seven to ten working days.
You are entitled to seek legal advice at any stage. If you engage a solicitor any letters will be sent to them. You will need to ask your solicitor for the progress of the claim.
Contact Information
Tel: 01582 745400
Housing.Tenancy@luton.gov.uk
