Pothole damage claims explained including if you can get council to pay

15 January 2024 , 00:01

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Potholes can be a nuisance (Image: In Pictures via Getty Images)

Potholes are not only annoying, but they can also be very dangerous - and potentially costly - if you accidentally hit one.

The type of damage that can be caused includes damaged shock absorbers, broken suspension springs and distorted wheels. Today (January 15) is National Pothole Day and new figures from the AA show pothole damage to vehicles has reached a five-year high.

They AA dealt with 631,852 pothole-related incidents in 2023 and the damage is estimated at almost half a billion pounds (£474,000,000). So what can you do if you’ve hit one and your car needs repairing? Experts at Which? have issued the following advice.

Can you claim compensation from your council?

You may be able to claim back the repair costs from the local authority responsible for maintaining the road. Check online to see the process for your local council.

Which? said: "Again, you'll need a receipt or a quote, and details of where the pothole is, including that potential picture. If the council rejects your claim, you can appeal its decision. If it rejects your appeal, you can take it to the small claims court."

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How to claim for pothole damage

• Make a note of exactly where the pothole is, take photos showing the depth of it any damage caused.

• Report the pothole to your highways agency or local authority.

• Keep all receipts for repair work. If you haven't needed to get the damage fixed urgently, get a quote.

• Make a claim. Don't be afraid to negotiate with the council on costs for repairs.

• If your claim is rejected, see if you can appeal the decision.

• Consider taking your pothole claim to the small claims court - but seek legal advice first.

Does car insurance cover pothole damage?

Yes, you can claim back the cost of repairs on your car insurance - but Which? says you should think carefully before doing this. Insurers will class it as "at fault" which means you'll have to pay an excess.

Which? said: "If the cost of your repairs is lower than your excess, there's no point in making a claim. Then there's the fact you'll forfeit any 'no claims' bonus you may have had on your policy, so it could be more expensive when you renew.

"If you do claim, you'll need a record of repair costs: a receipt if you've already paid, or a quote if you're paying later. It can also help to note down the time and date you hit the pothole, and to take a picture of it if it's safe to do so."

Levi Winchester