Table of Contents
Potholes
POTHOLE DAMAGE CLAIMS : A 5-STEP GUIDE
1. Collect all the evidence
At least when you drive through a damage inducing pothole you know about it.
Make a record of where the crater is, measure the depth and diameter if possible and take pictures of the responsible rut, all of which can be used as evidence. Courts usually deem a cavity of 40mm or deeper as dangerous to road users. If you do call for breakdown assistance, ask the technician for a statement concerning the size of the hole and the damage caused to the car.
Alternatively, ask your mechanic to provide details of the damage along with an itemised bill for the work.
2. Make the claim to the relevant authorities
If you suffer damage driving on a motorway or A road your complaint should be made to the Highways Agency, which is responsible for these roads. If it is a local road, your claim should be sent to the relevant local authority.
The complaint should be made under section 41 of the Highways Act 1980, which states that the authorities maintain the roads and allow damages to be repaid if they fail to do so.
However, subsection 58 also states that you're only entitled to compensation if the council was aware of the pothole or if it is reasonable to expect them to be aware of it.
If the local authority can prove it took reasonable steps to maintain the road where you encountered a pothole it could cause a headache, but all is not lost, yet…
3. What next if your claim is rejected?
Less than a quarter of claims are successful, with local council rejecting the majority of cases using section 58. But that doesn't mean your out of options.
File a Freedom of Information Act 2000 requesting answers to any questions you have not received a satisfactory answer to, though specifically focussing on the council providing evidence of when the road the road was last inspected and maintained if they've rejected your claim under section 58. The authority should respond within 20 working days.
Once they've responded, check the details alongside the guidelines set out for councils by the UK Roads Liaison Group to ensure they've followed correct protocol to rectify a known pothole.
If you think the authority has failed the follow the guidance then you may want to consider taking your issue to the small claims court. But if they've followed it to the letter, now may be the time to bow out. Of course, some cases do end successfully - if you are adjudged to be deserving of recompense, expect there to be a negotiation process before you receive any payment.
4. Consider if it's worth claiming on your insurance
If the authorities are outright refusing to cover the cost of your damage you may may want to turn to your provider, granted you have the relevant cover.
If you have a fully comprehensive policy then you can make a claim, however you'll need to weigh up if it's worth losing your no claims and paying an excess that's almost as much as the repair bill in the first place.
Suspension component replacement is likely to be the most expensive cost, so do your research and get some quotes before speaking to your insurance provider.
5. Report the pothole
Okay, so you may not have been successful in your attempt this time, but do what you can to stop the same from happening again to another driver.
Notifying the authorities about the pothole not only means the section of road could be maintained quicker, it also ensures the relevant parties are aware of the pothole, restricting them from being able to reject future claims using section 58.
What's more, should your claim get that far, a court will look more favourably on a driver who has done their civic duty.