How do I make a claim for pothole damage?

legal_updates

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

Author: Howard Tilney
Published:
Reading time: 2 minutes

This article is 6 years old.

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 www.gov.uk.

Howard Tilney

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.