A large pothole can damage your vehicle and put a dent in your budget. Read on to find out how you can make a claim to cover your costs.
In the grand scheme of things, a pothole can seem like a small problem. But when there are an estimated 6 potholes per mile on council-owned roads in England and Wales, it’s fair to say that they can cause plenty of headaches to road users.
And the problem is getting worse. According to the Asphalt Industry Alliance (AIA), councils are expected to fix a staggering 2 million potholes in the 2024/25 financial year. To put this into perspective, this is 43% more than the previous year and the highest total since 2015/16. This has been put down to squeezed authority budgets and more extreme weather conditions.
If you are unlucky enough to hit a sizable pothole, or several smaller potholes, with your car or motorcycle, you can end up with a pretty big bill. Potholes can seriously damage your tyres and your suspension. They can also lead to cracked alloys, and knocks to your wheel balance and tracking.
In 2021, a survey by Citroen put the average cost of repairing this damage at £141, but bills can be in excess of £250.
However, you may not necessarily have to foot this bill yourself. Instead, you may be able to make a claim to recoup your costs.
Can you claim pothole damage on your Car Insurance?
In theory, yes, you can make a claim on your Car Insurance. However, most insurers will label pothole damage as an ‘at fault’ claim. This means you will probably need to pay an excess.
Before making a claim, it’s therefore important to weigh up your repair costs and whether it makes financial sense to pay the excess. In most cases, it won’t.
You should also note that lodging a claim with your car insurer could lead to a loss of your no claims bonus and a higher premium when it comes to renewal time.
Instead, you may want to try making a claim against the authority who manages the road with the pothole.
How to make a claim for pothole damage
If your vehicle has been damaged by a pothole, you may be able to make a claim for compensation and/or your repair costs. This is because local councils and other authorities in charge of roads have a responsibility to make sure that they are well maintained and safe.
Your success at making a claim will therefore depend on whether or not a pothole has already been reported. If it has, you may be able to argue that the authority has not maintained and repaired the road as expected. If the authority was unaware of the pothole, you will find it more difficult to prove that they were negligent.
A pothole will also need to be a certain size. Usually, it will need to be at least 4cm deep in order for you to claim that it caused damage.
So, what should you do to make a claim?
Take photos of the pothole
To make a successful claim, you will need evidence. You can start by taking photos of the pothole, but ONLY if it is safe to do so. It is illegal to walk on a motorway, so do not venture onto one to grab pictures.
If possible, use a recognisable object to place in the pothole to showcase its size (such as a newspaper, a coin or a hand). You can also use a tape measure.
It’s a good idea to take some photos of the pothole’s surroundings so that you can showcase exactly where it is. For instance, make sure you include any notable nearby landmarks, such as a school.
Snap photos of the damage
You should also take some photos of the damage done to your car. This will help to illustrate your claim.
Report the pothole
If you’ve hit a pothole, it is vital to report it to the right authority. This will help to protect other drivers.
Here’s a run-down of who you may need to report to:
- Local roads, B roads and smaller A roads in England, Scotland and Wales: These are usually run by local councils.
- Major A roads and motorways: In England, these are managed by Highways England. In Scotland, you’ll need to make a report to Traffic Scotland.
- ‘Red’ roads in Greater London: Transport for London (TFL) looks after these.
- All roads in Northern Ireland: You can make a report to NI Direct.
Look for witnesses
If anyone happens to see your vehicle hit the pothole and become damaged, ask if you can take their details or if they would be willing to provide a statement. This can help you to prove that the damage was specifically caused by a pothole.
Get estimates for repair costs
You will then need to get estimates for the cost of repairs on your vehicle. Make copies of these so that you can include them with your claim. You could also try asking your mechanic to provide a statement about the damage and its likely cause. This will help to back up your claim that it was caused by a pothole.
Submit a fast claim
Some authorities will have a ‘fast claim’ facility, which is the most straightforward way of making a pothole damage claim. This usually means you will be given a form to fill out, which you can add your evidence to. To check if the local council has this, check their website or give them a call.
If you’ve reported the pothole to TFL, Highways England or a Scottish agency, you should get a claim form as a matter of course. In Wales, you’ll need to request a form when you report the pothole. In Northern Ireland, you can go ahead and download a form from NI Direct.
Once you’ve submitted your form, you may have to wait a couple of months to hear if your claim is successful. Be prepared to negotiate or accept partial compensation if it is offered.
Take it further
If you’re not able to successfully claim compensation, you could go further and make a full claim. This will require a little more effort.
To do this, you’ll need to make a Freedom Of Information request and ask for the authority’s policy on road maintenance and its inspection logs for the road with the pothole. You will then have to sift through this information to decide if there is a case for negligence.
If you’re convinced, you’ll need to email the relevant authority with all of your evidence.
If you’re still unsuccessful, you could go to a small claims court. Always get legal advice before you take this step, as it can be expensive.
Talk to us about your Car Insurance
If you’d like to discuss your Car Insurance needs, get in touch with our friendly team! You can call us on 0800 917 2274.
