Third Party Claims

Amey is responsible for the management and maintenance of the road network on behalf of Transport Scotland.

All matters relating to third party claims are dealt with by the Operating Company (Amey).  Transport Scotland have no input into dealing with these claims, as Amey is contractually obliged to deal with these matters, and indemnify Transport Scotland against such losses.  Transport Scotland will not be able to deal with any enquiries relating to third party claims, however in the event that such correspondence is received they will forward them to the appropriate Operating Company. 

Third Party Claims Process

A claim can be notified by telephone to the Operational Control Room 0800 083 0084 or in writing to the Operational Control Room mailbox occr-northeast@amey.co.uk, or in writing to the address shown on our Contact Us page.

The third-party claims team will send a third-party claims notification form for the customer to complete and return with any relevant evidence and supporting documentation (invoices/estimates/photographs etc.).   It is important that the incident location that is provided on the form is as specific as possible, using sketches or diagrams, mentioning specific features such as signs or landmarks. 

Upon receipt of a completed form the team will reply to customer to acknowledge its return and begin their investigations.  This process may take up to three months, and we would ask for your patience as they cannot begin their enquiries until they have all the details.  If a longer delay is anticipated, they will keep the customer updated.  As part of the investigation the claim is passed to the operations team to review their records and provide comments on the circumstances where appropriate.

Please note that there is no automatic right to compensation, and that issuing a claims form should not be taken as an admission of liability.  There may also be instances where we cannot deal directly with your claim, especially if it occurred on another part of the road network which we are not responsible for.  In such instances we will redirect your claim to the appropriate authority on your behalf and will contact you to confirm this.

The third-party claims team will make a decision, having regard to all the facts and circumstances, whether to settle the claim on a without prejudice basis, or repudiate (reject) the claim.  A thorough explanation will be sent with their decision.  Should the customer wish to query the decision they can respond in writing with any additional information or supporting documentation in support of their position.  We will consider our position and respond accordingly.

If the customer is not satisfied with the outcome of the claim, after further clarification has been exhausted, they can appeal the decision, again in writing, whereby the claim and all associated correspondence will be passed to an independent manager within the business for review.  This independent manager process will provide the claimant with our final decision on liability.

TRUNK ROADS AND MOTORWAYS – CLAIM FOR DAMAGES

EXPLANATORY NOTE

Under the Roads (Scotland) Act 1984, Amey are responsible for the management and maintenance of this section of road on behalf of the Scottish Ministers.

It is not the duty of Amey to make all roads under our control completely safe, however. Our duty is to take reasonable care, having regard to all the circumstances, to maintain roads in a condition which is safe for road users who are themselves exercising reasonable care.

We discharge this duty by adhering to specific contractual requirements.  Amey is required to undertake regular inspections and carry out repairs within certain specified timescales. We are also obliged to respond to reported incidents within specified timescale. We cannot therefore be expected to keep roads completely free of obstructions, debris and defects at all times as this would neither be reasonable nor practicable. Your claim for damages will be considered in this regard and you should note that claims will not in all cases be successful.

We can in no way be considered negligent if we fail to pick up debris on the carriageway which has just fallen from a preceding vehicle. This is quite a common reason for claims which are not usually successful.

If you wish to proceed with a claim, you should complete the TPCN Form as fully as possible. Failure to do so may result in a delay in processing your claim.

We will then consider your claim and usually reply within 21 days. You should not therefore expect a reply within 28 days of sending your claim form back to us.

REPORT A PROBLEM

You can also access a claims form by completing our Report A Problem page here

Before you Submit the Report A Problem form, please indicate that you would like to download the claims notification paperwork.

Follow the same guidance above on how to complete and return this paperwork. If you have any difficulty please contact our Operational Control Room as indicated above.