How do I make a claim for pothole damage?

legal updates

Drivers now face an annual bill for pothole repairs of £52 million!

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Many years of under investment by the Government has left roads in the UK in an appalling state of repair leading to a steep rise in damage to vehicles as a result. Drivers now face an annual bill for pothole repairs of £52 million!

Claiming from the local authority or highways agency for damage caused to your vehicle is straightforward if you gather the right evidence.

As soon as it is safe to do so make a note of the precise location of the pothole. Take a photograph of car and measure the pothole. Remember to note the time and date of the incident. If there are any witnesses, take their details too. Then take your vehicle to a garage to obtain a report on the damage.    

You then need to work out who is responsible for maintaining the road. Look to the Highways Agency for motorways and major A-roads and the local authority for most other roads. Make contact with the correct organisation as soon as possible by telephone but keep a note of the date, time and person you spoke with.

Once you have a garage report on the damage and a quote for the repairs make a formal complaint by letter or email with copies of your supporting evidence. A sketch plan of the area might also be helpful.

If a pothole has already been reported and the organisation has failed to act then your claim will stand a much greater chance of success. It is also possible to ‘Report a Pothole’ to the appropriate organisation via

Cable For My CarWe offer free next day delivery* on all EV charging cables when shipped within mainland UK

Stocking only premium EV charging cables, we ensure you experience a stress-free EV charge, over and over, confidently backed by our 2 year warranty. Our premium & reliable charging cables are compliant with EU & UK safety standards. We offer free next day delivery* on all EV charging cables when shipped within mainland UK.

Howard TilneyHead of Strategy / Legal AdvisorRead More by this author

Related Legal Updates

Court management service raises money for charity

Members can leave the legal worries to us and can focus on their core business of selling vehicles, running their service and repair garages, and/or MOT testing centres.

The law is not an exact science

We have all had surefire winners fail due to the smallest issue, but equally, we have all won cases that we had no right to.

Introduction of Small Claims Paper Determination Pilot Scheme

If you receive or issue a court claim which is subject to the pilot scheme, preparation of your claim or defence and statements will be crucial.

The real difference between claims under and over £10k

Litigation isn’t always just about having a strong argument, there are many factors that can help you win a case and reduce your risk.

See you in court… in a year or so…

Before deciding to issue or defend proceedings, it is important to consider how court delays may impact you as a business and as an individual.

Winning cases in court

The factors for the court to decide are: whether the breach was serious, why it occurred, and all other circumstances.

The court decided the case without me – what can I do?

The absent party first learns of the court session when they either receive the judgment from the court or are informed that there is a default on their credit file.

Get in touch

Complete the form to get in touch or via our details below:

01480 455500

Vinpenta House
High Causeway

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.