Pothole breakdowns hit record levels: how to claim compensation

Call-outs for pothole breakdowns increase by 12% year on year
Hannah Downes

The AA has reported a record month for breakdowns caused by potholes, receiving 52,541 call-outs in October – a 12% increase from 2022.

Drivers have since been urged by the AA to ‘avoid puddles’ to try and prevent further breakdowns. 

Prolonged wet weather and wintery conditions can weaken road surfaces, leading to an increase in potholes. Lying water on the road's surface can also mask some nasty potholes that could cause serious damage to your vehicle. 

‘Our advice to drivers and those on two wheels is to avoid puddles where safe to do so, but if there is no alternative other than to travel through, then reduce your speed and keep an increased distance from the vehicle in front,’ said the AA.

The government recently announced an additional £8bn towards the cost of pothole repairs, but councils have estimated the required funding to be in the region of £14bn. 

If your vehicle is damaged by a pothole, you do have rights to claim back any repair costs from the relevant local authority. Read on to find out how to make a claim.

1. Collect evidence

If you hit a pothole, it's important to try and collect as much evidence as possible. 

Make a note of exactly where the pothole is and when you encountered it.

If anyone saw you hit the pothole, take down their name and contact details. It's also useful to document any factors that make the pothole a particular risk. For example, if it's in the middle of a junction.

You should also take photos of the pothole. It's a good idea to include something else in the photo to show scale, such as a road sign or lamppost. 

Take photos of any damage caused to your vehicle or bike.

If you pay upfront for any urgent repairs, make sure you keep your receipts. If you haven't needed to get the damage fixed urgently, get a quote.

2. Report the pothole

All councils allow you to report potholes via their websites. You can find out which authority maintains the road on the government website.

If the incident happens on a motorway or A-road, you'll need to contact the Highways Agency.

Alternatively, Cycling UK, a national cycling charity, has a website called Fill That Hole that you can use to report a pothole. The charity will report the pothole on your behalf.

Your chance of claiming compensation for damage to your car, bike or other vehicle often depends on whether a pothole has already been reported.

It can be difficult to prove that the local or highway authority should have fixed the known hazard if it hasn't been reported before.

It's therefore important for all road users to report any potholes they see in the road that could be a hazard.

3. Make a claim

You can make a claim for any repair costs with the authority responsible for maintaining the road.

If you haven't paid for your vehicle to be fixed yet, it's a good idea to get a quote before making your claim.

You could also call the council or the Highways Agency responsible for maintaining the road to check whether it will reimburse you if you undertake repair work.

It may have a specific claims protocol that requires you to provide certain information prior to making a claim. If you need to have repair work done urgently, make sure you keep your receipts.

The more supporting evidence you can provide, including copies of any receipts, the easier making your claim will be.

You could also consider making a claim via your car insurance policy. This will be a quicker process but you’ll need to factor in the cost of any excess you will need to pay and the fact that your policy price may rise after a claim.

4. Negotiate on reimbursement

If the council or relevant authority makes an offer of reimbursement, you may be able to negotiate.

Don't be afraid to push for a higher offer if you're not happy with what's been proposed.

You may also be able to claim compensation for any alternative transport you had to use while your damaged vehicle was being repaired.

To support your claim, make sure you keep receipts for any alternative transport you've had to fork out for.

5. Appeal a rejected claim

Councils have a formal system of road inspection and repair which they have to follow.

This system covers how often roads are inspected, the size of damage to be repaired and how quickly repairs should be carried out.

Nonetheless, you can still appeal a council's decision if they reject your claim.

Before appealing, ask to see details of the council's road inspection reports to see whether the council followed it as it should have.

If, after seeing these, you think your claim being rejected was unfair, you can attempt to appeal the council's decision.

6. Take your pothole claim to the small claims court

If your appeal is rejected again, you can go to the small claims court.

We suggest you seek legal advice first as you may be liable for costs if you lose the case.

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