As drivers in the UK we’ve all experienced the horror of hitting a pothole in the road whilst driving along. Most of the time you’ll just hear a thud and experience a split second of discomfort, especially if you’ve got a sporty car with stiff suspension. Some of us, unfortunately, aren’t so lucky and can experience some serious pothole damage to our vehicles.
So….. What can you do if your vehicle experiences pothole damage? Can you make the council pay for any damage to your vehicle? If so, how?
Who is really responsible for Pothole Damage?
In simple terms, it is the local councils responsibility to ensure that the roads in their area are well maintained. However, in practice we all know areas that need constant attention and never seem to get it.
If you’ve damaged your vehicle in a pothole I suggest you follow the steps below to avoid getting the cold shoulder from the local council.
1. Collect evidence – As long as it is safe to do so, you should take photographs of the pothole from various angles. These should include close-up images and images of its position in the road. I would also suggest using a ruler to show the size and depth of the pothole. On top of photos of the pothole, take images of the damage to your vehicle.
2. Assess the damage – Take your vehicle to a reputable local garage who can assess the damage and provide you with a written quote for how much any repairs will cost.
3. Make a report – All councils have a segment on their website for you to report any road damage. When making the report you should include all the supporting evidence for your claim (location, photos & repair quote).
After submitting all the supporting evidence of pothole damage to your vehicle the council will review and make their assessment. This can, unfortunately, take some time. However, your chances of a payout significantly increase if you’ve submitted all the above information.
Section 58 of the Highways Act 1980 does provide councils with a statutory defence to pothole damage claims. Provided they can show that reasonable care was taken to secure the road and that it wasn’t dangerous to traffic.
Simply put, if the local authority knew about the pothole and hasn’t repaired it or followed road maintenance guidelines, you may be able to claim compensation.
England’s Worst Roads
Think your area has too many potholes or is constantly being repaired unnecessarily? Check out our list of Englands Worst Roads.
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