Britain’s roads are plagued by potholes, and they can cause considerable damage to cars, trucks, bikes, and other vehicles. If you’re a private driver or a fleet manager, and you’re facing costly repairs from pothole damage, can you make a claim? And if so, how?
If you are a fleet manager, our friendly commercial motor experts are always on hand to discuss your risk management and insurance requirements. Get in touch on 020 8290 9099, or email commercial.motor@anthonyjones.com.
What is a Pothole and How is it Formed?
A pothole is any depression or hollow in a road surface. They are usually created by groundwater and traffic, and the longer they’re left untreated, the bigger they get.
How Many Potholes in the UK?
The RAC’s Pothole Index survey estimates that there are currently over a million potholes on UK roads. This amounts to an average of six potholes per mile of road.
The AA apparently dealt with 631,852 pothole related incidents in 2023, costing motorists an estimated £474 million. The AA has also pointed out that, as they only cover about a third of British motorists, the actual pothole damage figures will be considerably larger.
Who’s Responsible For Road Quality?
Whoever manages a road has a legal duty to maintain it to an acceptable standard. This means that National Highways is responsible for fixing potholes on motorways. Councils are responsible for fixing potholes in their area. The National Trust is responsible for fixing potholes on roads passing through their properties. And so on.
If you want to find out who’s responsible for maintaining a certain road, the government’s pothole reporting service could help. Please note that this service only seems to work for roads in England and Wales.
Can I Claim For Pothole Damage?
Whomever is responsible for the maintenance and upkeep of a road may be liable to pay for any damages your vehicle sustains from potholes on their road. So, yes, you can claim for pothole damages, even if this means making a claim against your local council.
In order to be successful in your claim, you need to include as much detail as possible. This means you need to collect some evidence immediately after you hit the pothole, which will enable you to prove that the damage to your vehicle was caused by a specific pothole on a specific road.
Also remember that you can only make a claim if whomever is responsible for maintaining a road has been negligent. Authorities cannot be held responsible for damages caused by potholes that they knew nothing about.
How to Claim For Pothole Damage
You drive over a pothole and hear a horrible clunking sound. Here’s what you should do:
Check For Damages
Pull over as soon as it’s safe to do so. Check your wheels and tyres for any signs of damage and take pictures of anything you find. Also pay attention to your steering, and look out for any vibrations when you’re driving, as this can indicate damage to your suspension.
Gather Evidence
As well as taking note of any damage to your car, take pictures of the road you were driving on when you hit the pothole, including pictures of the specific pothole you think caused the damage. You can use what3words to identify the precise location of the pothole.
Report the Pothole
This will help protect other drivers from the same pothole. This could also help your claim, as organisations may only be held liable for damages caused by potholes that they already knew about.
As we mentioned above, you can use the government’s pothole reporting service to report potholes on roads in England and Wales. But you need to use specific services for reporting potholes in Scotland and reporting potholes in Northern Ireland.
Get Your Car Repaired
This way, you can quote an exact figure for the cost of repairs when making your claim for the pothole damages.
Mechanics could also provide confirmation, and a quote, that the damage to your vehicle was unmistakably caused by a pothole. Again, this could help your claim.
Make Your Claim for Pothole Damages
Get in touch with whomever is responsible for managing the road with the pothole, whether that’s your local council, National Highways, or a private landowner.
Share all the evidence you gathered to demonstrate that the damage to your car was caused by a specific pothole on a specific road. Don’t forget to include the date and the time the incident occurred.
Will Pothole My Claim Be Successful?
The more evidence you can provide, the more likely it is that your claim will be successful. If you make a claim against the council or another government body, and it’s rejected, you can always appeal the decision.
Further Support For Fleet Managers and Drivers
If you are a fleet manager, our friendly commercial motor experts are always on hand to discuss your risk management and insurance requirements. Get in touch on 020 8290 9099, or email commercial.motor@anthonyjones.com.
