This snapshot taken on 30/01/2006, shows web content selected for preservation by The National Archives. External links, forms and search boxes may not work in archived websites.

Claims and Compensation


 
The Ministry of Defence pays reasonable compensation where, on the balance of probabilities, a claim for compensation is valid; that is to say, a link between the aircraft activity and the damage caused can be established. We acknowledge in writing all claims received and then fully investigate them before a decision is made. We deal with claims arising from activities of UK military aircraft and those of Visiting Forces.

The length of time it takes to come to a decision will naturally depend on the complexity of the claim. However, most are settled within three months. On occasion, we may have to ask you for further information and you may be asked to make a statement to a member of the Defence Flying Complaints Investigation Team. In addition, we frequently need to obtain the advice of medical, veterinary or other experts to assist us in valuing your losses.

If we decide your claim is valid you will be offered compensation. The amount offered is intended to put you back into the position you were in immediately before the events that led to the claim. No allowance is made for ‘betterment’. The aim is always to achieve a quick and fair settlement. You will have up to 28 days in which to accept or reject our offer. Once you have accepted the offer, you will receive payment within three weeks.

Giving us early notification

If possible you should give us early notification of the claim by telephoning us on 020 7807 0067/68/71. This allows us to make early enquiries which will speed up the processing of your claim. However, you will still need to make your claim formally, in writing, to the address at the end of this section.

Getting help

Although not usually necessary, you may ask someone – a solicitor or farming union representative for example – to help you in preparing your claim. If you are successful we will pay your solicitor’s reasonable fees as part of your claim. If you are not successful we cannot pay these costs for you.

What you need to do

It is your responsibility to establish a link between the military aircraft activity and the loss, damage or injury you have sustained. Documentary evidence must be provided to support valuations and all other losses listed, where appropriate. If in doubt, telephone us for advice on the numbers listed earlier, but the information we need includes:
  • Time, date and location of the incident.
  • A description of the loss, damage or injury.
  • Number and type (e.g. jet or helicopter) of the aircraft, any visible markings and an estimate of the height, direction, etc. in which it/they were flying.
  • Details of witnesses with signed statements if possible.
  • If appropriate, medical reports.
  • If appropriate, surveyor’s reports.
  • If appropriate, veterinary reports, although, in the case of livestock losses and particularly abortions, we have specific requirements, so please telephone for advice.
  • Photographs – these can be helpful but should be dated.

Sending your claim to us

If the incident occurred in England, Wales or Scotland your written claim should be sent to:

Directorate of Safety and Claims

If the incident happened in Northern Ireland your claim should be sent to :

Area Claims Office
British Forces Post Office 825
(Telephone 01846 608828)

It is a good idea to keep a copy of anything you send to us in the post.

What if we turn down your claim?

If we don’t accept that your claim is valid you will be told why in writing. If you disagree, you can ask us to reconsider, but you need to tell us why. If you have new evidence in support of your claim you should send it to us.

Fraudulent claims

If we suspect that a claim has been presented fraudulently, irrespective of the amount claimed, criminal investigations will follow. These may lead to prosecution.

Last Updated: 6 Jul 05