How to claim for pothole damage: who is responsible and how to get compensation

Drive pretty much anywhere in the UK for more than a few minutes and you're likely to encounter a pothole.

Some areas might be worse-hit than others but nowhere is free from the blight of bad road surfaces caused by traffic, the weather and authorities scrimping on maintenance.

Even if you are on your guard it can be hard to avoid driving through them and hitting one can be physically and financially painful. It’s estimated that damage caused by potholes costs motorists around £2.8 billion every year.

If potholes have left you with an expensive repair bill, you might be able to claim compensation.

“The authorities have a legal duty to maintain roads so they’re safe for everyone to use,” says Martin Lewis, founder of MoneySavingExpert.com. “If they don’t and your car’s damaged, they should help pay the costs to repair it.

“It’s important to understand you can only claim if the authority responsible for the road has been negligent. So if a cannon ball drops off a truck, causing a pothole which two minutes later damages your car, you’ve no right to claim – there’s nothing the authorities could’ve done to prevent that.

“Even if you are eligible to claim, you have a decision to make. Some argue that compensation deprives authorities of much-needed cash to fix roads – others that the more people pursue their rights, the more incentive there is for authorities to improve the roads to avoid dealing with claims.”

What counts as a pothole?

Frustratingly, there is no standard definition of what constitutes a pothole. Instead, potholes are defined by their depth – otherwise they’re considered to be a ‘carriageway defect’.

The definition of a pothole varies between local authorities (Photo: Shutterstock)

The issue here is that different councils have different depths by which they define a pothole. Most councils use 40mm as the minimum depth.

Some councils also have a minimum width for potholes – it varies but they tend to use 300mm as the minimum width.

Who’s responsible for pothole damage to my car?

The local authority has a responsibility to maintain all the roads in its area but motorways and most A roads would be considered part of the national network and are the responsibility of:

England: Highways England

Wales: Traffic Wales

Scotland: Transport Scotland

Northern Ireland: Department for Infrastructure

In London, London red routes are the responsibility of Transport for London

If you’re in doubt as to who is responsible Highways England and Transport Scotland have maps of all the roads that fall under their oversight.

Any damage that a pothole causes to your car could be their responsibility – which means you could be entitled to compensation.

That said, if your car is damaged due to other debris on the road, then you aren’t entitled to compensation. For this, you’d need to make a claim on your car insurance policy.

The chances of being successful in claiming compensation will significantly depend on whether the pothole has already been reported.

Councils have a statutory defence in that they cannot be held liable for a defect they are not aware of – either because it has not been reported to them or has not been picked up by their own system of inspection and maintenance.

If you have fully comprehensive insurance, it might also be possible to make a claim via your insurance company for the damage to your vehicle.

How do I claim for pothole damage?

If you’re going to claim from the local authority, it’s best to keep records of everything where possible.

Here’s what you do:

Gather evidence

So long as it’s safe to do so, gather as much evidence about the pothole and the damage done to your car as you can.

Write down all the key details such as location of the pothole, its size, shape and depth.

It’s also worth taking a photograph of the offending pothole, and if it’s safe to do so, make a simple sketch of the area showing the position of the pothole and any surrounding features.

Potholes can cause serious damage to steering and suspension components (Photo: Shutterstock)

You should also note: the time and day of the incident, witness details (if any), your exact location so you can pinpoint the specific pothole, and the damage done to your car.

It goes without saying, perhaps, but if the damage happened on a motorway, never try to visit or take photos of the pothole. Not only is it extremely dangerous, but trespassing on a motorway is a criminal offence.