How to claim for pothole damage to your car

How to claim for pothole damage from the council 

How you go about claiming compensation will depend on where the pothole damage happened and what type of road you were driving on.

Local councils are responsible for local roads, whereas A-roads, motorways, and red routes in London fall under different jurisdiction. For more information on which category roads fall in to, take a look at the government advice on road classification.

If your car gets damaged on a local road, you can follow the claims process of the relevant council. This usually involves filling out a form via the council’s official website. However, timelines vary, and it can sometimes take months for a claim to be resolved.

To claim for pothole damage on a motorway or A-road, visit the National Highways, Traffic Wales or Transport Scotland websites. Or, for red routes, contact Transport for London.

Remember: your safety and that of others on the road should always be the main priority. Never stop to take photos of a pothole on a motorway, and be sure to take care when on local roads.

Can I claim for pothole damage on my car insurance? 

In some cases, yes, you can claim on your car insurance for pothole damage. However, this type of claim is only covered by comprehensive car insurance. So, if you have third-party only insurance, you’ll have to cover the cost of repair yourself.

If you do have comprehensive cover and choose to make a claim, it’s likely you’ll have to pay your excess. Plus, you might lose some of your no-claims bonus, unless it’s protected.

It’s also important to note that unless your provider manages to recover the cost of repair from the council, you’ll be seen as at fault.

So, it’s always worth taking the time to think about whether to involve your insurance provider. Unless your repair bill is significantly higher than your excess amount, it might not be worth it.

What evidence do I need for a pothole claim? 

The exact details you’ll need to provide when making a claim can differ depending on the authority you’re appealing to. However, it’s likely you’ll be asked for the following details to support your case:

1. Photo evidence: This includes a close-up photo of the damage done to your car and a wide shot of the pothole in the road. For scale, you can include an item such as a water bottle or a shoe as well. If your car has a dashcam fitted, you could also use video evidence from that.
2. Location: Tell the council or travel authority where the damage happened. If possible, use precise GPS coordinates or What3Words so the pothole can be located.
3. Damage report: This is a written report provided by a mechanic. They should confirm that the damage done to your vehicle is consistent with hitting a pothole - rather than it being the result of general wear and tear.
4. Date and time: You’ll need to provide the exact date and time that the incident happened. This way, councils can cross-reference your claim with their inspection logs.

Can you claim for tyre damage from potholes? 

Yes, among other types of damage, you can claim for tyre damage from potholes. In fact, this is the most common type of claim, with tyres and alloys being the most susceptible to pothole damage.

However, it’s good to know that even if your claim is accepted, councils can deduct from the amount depending on the condition of your tyres before the pothole damage. For example, if your tyre were considerably worn, they may only pay 50% of the cost for a new replacement.

While it’s tempting to wait for a payout before you get your tyres replaced or repaired, it’s important to get it fixed immediately. This is because driving with a bulged tyre is illegal and could result in you failing your MOT.

Why do councils reject pothole claims? 

One of the main reasons for local councils rejecting claims is because they are deemed not liable under Section 58 of the Highways Act 1980.

What this means is that if a council can prove they’ve recently inspected a road and the pothole wasn’t there, they’re not responsible for any damage done to vehicles on the road.

Usually, inspections have to have happened within the past six to twelve months to be deemed ‘recent’. And, if your claim gets rejected, you’re entitled to request to see the local authority’s inspection logs under the Freedom of Information Act.

But it’s still the case that around 80-85% of claims made to councils are rejected under Section 58. So, while you may be successful, managing expectations is key.

How to report a pothole

If you see a pothole on the road, you have the option to formally report it - regardless of whether you plan to claim any damage.

Letting your council or transport authority know about a pothole is a simple process. You can either do so via the GOV.UK website or you can visit FixMyStreet, which will send the report to the council on your behalf.

Once you’ve reported a pothole, the council is put ‘on notice’ until it is fixed. If they fail to do so and another driver damages their vehicle due to the same problem, the claim is more likely to be successful.