Our Insurance service receives notifications of compensation claims for loss from external parties, such as claimants and claimant representatives. Information is gathered, investigated, recorded and shared with other organisations on our behalf. This is the issue is dealt with appropriately or passed to who we deem to be responsible for the claimant’s loss. As part of this process, we need to obtain information from the claimant (or their representative) concerning:
- the claimant
- circumstances giving rise to the claimant’s loss
- evidence substantiating the claimant’s loss
There is no automatic right to compensation. Claiming compensation from the Council and/or its insurers is a matter of law and is dependent upon legal liability. As such, claimants should consider seeking their own legal advice.
What information we collect
We need some personal data from you. This includes:
- name of the claimant (and claimant’s representative, if applicable)
- address of the claimant (and claimant’s representative, if applicable)
- contact details of the claimant (or claimant’s representative, if applicable)
- names and contact details of any witnesses
We will not systematically collect any special category data. However, we recognise the following information collected by the service may contain data which is categorised as special category data. This is dependent on the specifics of the claim, such as the:
- circumstances of claimant's losses
- details of claimant's losses, including details of injury
- evidence to substantiate the claimant’s loss
We do not need any criminal and law enforcement data for you.
How we collect your data
We’ll collect data from you by:
- a customer incident questionnaire
- a highways incident questionnaire
Why we collect your data
We collect your data so we can:
- investigate incidents giving rise to compensation claims
- record claim information on the claims management system for management information and improvement of services
- notify our insurers, claims handlers and legal representatives of compensation claims against us
Who we share your personal data with
Where there is a lawful reason to do so, we may share your data with:
- our insurers and/or the insurer’s appointed claims handlers
- our appointed solicitors
- other council departments, such as Legal
- Cumberland Council (in respect of claims relating to incidents pre-dating 1 April 2023 for services and/or activities undertaken by the former Cumbria County Council)
- any other parties who we consider may be wholly or partially responsible for the claimant’s loss
We may receive personal, special category personal or criminal and law enforcement data about you from the third parties mentioned above and other public bodies and organisations. In this case, we will tell you the source of the information unless we are unable to do so by law.
Legal basis
We process personal data by selecting at least one legal basis from:
- UKGDPR Article 6(1) (c) Legal Obligation
- UKGDPR Article 6(1) (e) Public Task/Public Interest/Official Authority
Where we’re relying on UKGDPR Article 6(1)(c), all relevant legislation is listed below.
We process special category personal data under the condition of UKGDPR Article 9(2) (f) Necessary for the establishment, exercise or defence of legal claims.
We process criminal and law enforcement data under the condition of UKGDPR Schedule 8(6) Legal Claims.
Relevant legislation
The relevant legislation includes the Limitation Act 1980.