Pothole damage claims: How to report a pothole and claim for repairs to your car

Potholes have been the bane of UK drivers’ lives for generations, and we regret to inform you that the problem doesn’t appear to be going away any time soon. While most potholes will simply cause an unpleasant jolt to ruin your otherwise smooth journey, the more severe ones can potentially damage your car. If this happens to you, you might be able to make a pothole damage claim and get some cash to cover repairs.

Just like claiming on your car insurance, though, the pothole damage claims process requires a number of steps and plenty of evidence to back up your case. No need to fret, though, as we’re here to explain what you need to do.

How to claim for pothole damage

If you’re looking to make a claim for pothole damage compensation, we’ve outlined the process in five simple steps below.

1. Take notes and photographs at the scene

When it’s safe to do so, pull over and make a note of the exact location of the pothole which has caused damage to your car. Record the size, depth and shape, as well as the contact details of any witnesses. Quickly taking these pictures can be a huge help towards supporting your claim later down the line. However, trespassing on motorways is a criminal offence, so this may not be possible.

2. Repair the damage to your car

If you need immediate roadside repairs then you can’t do much else but follow the advice of your breakdown service or the technician that you’ve called out. If the repairs can wait, it’s worthwhile getting several quotes from different workshops so you can demonstrate as part of any subsequent claim that you’ve acted to achieve the best price. Keep any receipts, invoices or advisory notes as part of the evidence for your claim.

3. Report the pothole

It’s also important to do your bit by helping to make sure that fellow motorists don’t find themselves in the same unfortunate situation. You can do this by alerting either the local council or the Highways Agency about the pothole, depending on the size and location of the road. 

4. Submit your claim

Write a letter to your local council, or fill out the claim form that many now provide, outlining the incident where damage was caused, the extent of the damage, and that you hold the council liable. Be sure to include all photographic evidence, advisory notes and receipts. The council should respond within a couple of weeks, most likely with a Section 58 defence (more on that below), but there’s a small chance that they’ll admit liability straight away. 

5. Decide whether to pursue your claim

If your claim is rejected, you may need to do some investigating to determine whether the council has indeed fulfilled its statutory Section 58 obligations. You are entitled to ask relevant questions about the scheduling and quality of inspections and repairs on the road in question. You must subsequently determine whether you have a realistic case for pursuing your pothole claim.