Navigating the roads can sometimes lead to unexpected surprises like potholes, which can cause significant damage to your vehicle. The Automobile Association recently reported that the total cost of fixing vehicles it attended in the UK which had broken down because of poor road surfaces in 2024 was £579m (see the BBC’s report here.
Vince Crane from the organisation said there had been more than 600,000 pothole related incidents last year, causing damage to wheels, tyres, body work and suspension.
If you find yourself in this unfortunate situation, you might wonder if you can seek compensation for the damage. Here’s a guide to help you understand your options if your car is damaged by a pothole in England or Wales.
1. Understanding Liability
In England and Wales, local councils are typically responsible for maintaining the roads within their jurisdiction. For major roads and motorways, the responsibility lies with Highways England. These authorities are obligated to ensure roads are safe for users, but they’re not automatically liable for damage caused by potholes. To claim compensation, you must prove that the authority has failed in its duty to maintain the road properly.
2. Gathering Evidence
Before making a claim, gather as much evidence as possible. This includes:
– Photographing the pothole, ideally with an object or ruler to indicate its size.
– Documenting the exact location, time, and date.
– Taking photos of the damage to your car.
– Collecting witness statements if anyone else saw the incident.
3. Reporting the Pothole
Before filing a claim, report the pothole to the relevant authority. This could be the local council or Highways England, depending on the road’s classification. Reporting helps the authority address the hazard and can support your claim by demonstrating your diligence.
4. Filing a Claim
Submit your claim to the responsible authority by providing all the evidence you’ve gathered. Include repair estimates or invoices for the damage. Each council or highway authority will have its own claims procedure, usually detailed on its website.
5. Assessing Your Claim’s Success
Be aware that not all claims are accepted. The authority might argue that they had met their inspection and maintenance responsibilities and were not negligent. They are required to inspect roads at reasonable intervals, and if a pothole developed since the last inspection, liability might be disputed.
6. Legal Action
If your claim is denied and you believe you have a strong case, you might consider pursuing legal action. Consult with a solicitor who specialises in civil claims to assess the strength of your case and the likelihood of success. Do bear in mind though that it may not be economically viable to instruct solicitors to pursue your case if the damage to your vehicle is relatively minor. Any claim of £10,000 or less is classed as a small claim and it is very difficult to recover your legal fees, even in fairly incurred and even if you are successful in your claim.
7. Alternative Options
Consider discussing any damage to your vehicle with your insurance provider. Some policies cover pothole damage, though you may still be liable for any excess and it might affect your no claims bonus.
Conclusion
While seeking compensation for car damage caused by potholes in England or Wales can be challenging, it’s not impossible. By gathering detailed evidence, reporting the issue, and following through with the appropriate channels, you increase your chances of a successful claim. Always consider professional legal advice if you feel your case warrants it but bear in mind the costs of the same.
This blog was prepared by Alexander JLO’s senior partner Peter Johnson on the 19th January 2025 and is correct at the time of publication. Peter has over 40 years’ experience in the areas of Family Law, Company & Commercial, IT & Intellectual Property, Employment Law and Litigation working as a Solicitor.
Peter’s profile on the independent Review Solicitor website can be viewed here.