How to claim for pothole damage

A pothole can lead to more than just a bump in the road. Blown tyres, damaged rims and busted suspension will leave you out of pocket and unable to drive. However, it’s possible to make a pothole claim and get compensation – and not through your car insurance, but via your local authority. 

Our guide takes you through when you can make a pothole claim, how to make a claim and what happens if your claim is rejected. 

Pothole claims: At a glance

• Road surface damage needs to be at least 40mm deep to be classed as a pothole
• You may be able to make a pothole claim through the local council or authority responsible for maintaining the road
• Making a pothole claim on your car insurance will affect your no-claims bonus

When can you make a pothole claim?

Most local authorities define a pothole as a depression or hollow in a road that is at least 40mm in depth. So, to successfully make a pothole claim, it must meet your local authority’s definition. 

You’d also need to prove that any damage or accident resulting from hitting a pothole was caused by the pothole specifically. This could involve taking photos and videos, noting the location of the pothole and gathering documents, such as a statement from your mechanic confirming the pothole caused the damage. 
To make a pothole claim through your car insurance rather than a local authority, you’d need to have fully comprehensive cover.

How to claim for pothole damage in 6 steps

When claiming for pothole damage through your local authority, you’ll need to follow these steps:

1. Gather evidence

You’ll need to gather evidence to prove the pothole caused the damage to your car. This can include:

• Taking photos of both the pothole (if safe to do so) and the damage to your car
• Measuring the width and depth of the pothole (if safe to do so)
• Noting any road signs, whether there’s CCTV in the area, and any witnesses present
• Getting documents from your mechanic stating the damage was caused by a pothole
• Calculating how much compensation you believe you’re entitled to, based on the cost of repairing the damage

You’ll also need to make a note of the time and date of the incident and the location of the pothole (eg the road it’s on, any surrounding landmarks or reference points, or its specific location using an app such as what3words). 

2. Find the right local authority

Next, find out who’s responsible for maintaining the road:

• If the pothole is in England or Wales and is on a local or smaller road: you can contact the local council over the phone or via its website
• If the pothole is in England and is on a motorway or an A road: you can contact Highways England on 0300 123 5000 or info@highwaysengland.co.uk (this does not apply to all major roads in England)
• If the pothole is in Greater London: you can report the pothole to Transport for London (TfL) using its Streetcare online form or by calling 0343 222 1234
• If the pothole is in Wales and is on a motorway or an A road: you can use the Traffic Wales online map or email contact@traffic.wales 
• If the pothole is in Scotland and is on a local road: you can report it to the local council over the phone or via its website
• If the pothole is in Scotland and is on a motorway or an A road: you can call Traffic Scotland on 0800 028 1414 or email info@trafficscotland.org 
• If the pothole is in Northern Ireland: you can report it online, using the NI Direct online map

3. Report the pothole

Once you’ve found the right local or regional authority to contact, you’ll need to report the pothole that caused the damage to your car. 

4. Make your claim to the local authority

After reporting the pothole, you can make your claim. Depending on where you live, you can contact the following authorities:

• England: the relevant council for potholes on local roads; Highways England for potholes on motorways and A roads; or TfL for roads that are labelled as red routes
• Wales: the relevant council for potholes on local roads or Traffic Wales for potholes on motorways and A roads
• Scotland: the relevant council for potholes on local roads or Traffic Scotland for potholes on motorways and A roads
• Northern Ireland: you’ll need to apply online to the Department for Infrastructure when making a claim

You’ll need to lay out the argument as to why you’re eligible for compensation and provide evidence to prove your claim. You may then be sent a damage form to complete. 

5. Inform your insurance provider

Even if you don’t intend to make a car insurance claim, you should still let your provider know you’ve had an accident. This ensures you don’t invalidate your policy. 

Be aware, however, that your premium may rise following an accident, even if it wasn’t your fault.

6. Wait for an offer

You’ll then need to wait for the relevant authority to get back to you. The council or authority may make you an offer, or it may reject your claim outright. 

What happens if my pothole claim is rejected?

You have a few different options if your pothole claim is rejected:

Making an appeal

You could appeal the authority’s decision. To do this, you’ll need to gather more information. For example, you could submit a Freedom of Information request to see the council’s road inspection reports and check whether the pothole had previously been reported. 

Going to small claims court

You could make a court claim against the relevant authority. However, you’ll need to weigh up the value of the compensation you’re seeking against the stress and additional costs, such as legal fees, associated with going to small claims court.

Claiming on your car insurance

If your pothole claim is unsuccessful and you don’t want to appeal, you could claim for the damage on your comprehensive car insurance policy. If you do, you’ll have to pay your excess and will likely lose your no-claims bonus.

8 tips for preventing pothole damage

There are steps you can take to try to reduce pothole damage to your car:

1. Stay alert: it may sound obvious, but staying vigilant when you’re driving can help you spot potholes sooner, giving you more time to avoid them
2. Keep a good distance from the car in front: by keeping a sensible distance from the car in front, you won’t be taken by surprise by a pothole
3. Slow down if you see a pothole: if you see a pothole in the distance but can’t drive around it, slow down, as this will give you greater control and cause less damage to your car
4. Don’t brake over the pothole: while your instinct might be to brake over a pothole if it sounds like there’s been damage, by doing so, you’ll put unnecessary pressure on your car’s suspension
5. Maintain a firm grip on the steering wheel: if you can’t avoid a pothole, keeping a firm grip on the steering wheel will give you the best chance of maintaining control
6. Keep your tyres in good condition: making sure your tyres are properly inflated and regularly checking for existing damage can help prevent them from blowing out if you hit a pothole
7. Check for damage as soon as possible: if you think your car has been damaged by a pothole, pull over as soon as it’s safe to do so, to avoid making the problem worse
8. Report potholes when you see them: one of the best ways to prevent pothole damage is to report them, so they can be filled in, even if your car isn’t affected