Can You Claim for Pothole Damage to a Car?

As a driver in the UK, you will no doubt find yourself avoiding numerous potholes during your journey. In fact the problem is so bad that in a report released by the Asphalt Industry Alliance, it warns that an astonishing 18% of roads in Britain will be undriveable in the next five years in what’s being dubbed a ‘national pothole crisis’.

It is thought there are around 1.7 million potholes across the UK - and that number is set to rise. Have you been the victim of pothole damage? And if so, did you make a successful claim? With the roads quite literally crumbling away, you’d be right to feel concerned. 

In this article, we explain if you can claim for pothole damage, who is liable for the damage caused to your car, and what information you need to make a claim for compensation. Read on to find out more… 

What is a pothole?

A pothole starts as a crack in the road’s surface and over time, develops into a fully formed (often circular in shape) hole. When rainwater seeps into the small hole and traffic repeatedly drives over it, the tarmac comes loose. The pothole then increases in size until it is large enough to cause damage to oncoming vehicles.

Certainly, continuous spells of cold and wet weather contribute to the severity of potholes, which is why the spring tends to be the worst time of year to experience road surface problems such as these.   

How to report a pothole

You can report a problem pothole via the GOV.UK website where you’ll need to enter the postcode of the road in question. 

This process is applicable to potholes in England and Wales only. To report a pothole in Scotland you’ll need to contact the local council, or you can report a pothole in Northern Ireland using the government services website.     

Can you claim for damage caused by a pothole?

Yes, you can claim for pothole damage to a car - or vehicle of any kind - but it does depend on the severity and circumstances, and of course your claim may not be successful. 

To help clear things up, you can claim if your vehicle has come into contact with a pothole in the road which has caused damage, but cannot claim if your car has been damaged by pothole debris from another vehicle. In this instance, you’ll need to contact your car insurance company instead.

How deep does a pothole have to be to claim for damage?

In order to claim for pothole damage, the hole itself must be a certain size. These may vary slightly between councils, but on average the depth of the hole must be at least 40mm deep (the equivalent height of two 20p pieces on top of each other) and at least 30cm wide.       

Who is liable for damage if your car hits a pothole?

Your local authority (such as the County Council in your area) is responsible for damage caused by potholes and has a duty to ensure the roads are drivable. 

Four key national authorities also have the overarching responsibility to ensure roads across the UK are maintained; they are Highways England, Traffic Wales, Transport Scotland and Department for Infrastructure (Northern Ireland).  

Will the council pay for damage from a pothole?

As we’ve already explained, you can indeed claim for pothole damage from your local council, but the claim may not necessarily be a successful one. Firstly, check the pothole policy on the council website to find out where you stand and if you can claim negligence on their part.

Secondly, check that the local council’s pothole policy meets the standards outlined by national authorities, such as Highways England. From here you can establish a case ready to make a formal claim.  

What type of vehicle damage can be caused by potholes?

When you make a claim for pothole damage, you’ll need to record the type of damage caused to your vehicle. The most common form of damage caused by potholes is to the tyres, quite often resulting in a puncture.

Here are some of the main types of vehicle damage as a result of potholes:

• Punctured tyre (or a complete blowout)
• Bent or cracked wheels (and alloy damage)
• Steering problems, such as pulling to one side or ‘vibrating’ (tracking alignment issues)
• Suspension faults (such as unusual noises)

How to claim for pothole damage

In most cases, you’ll need to contact the local council to make a claim for pothole damage to your vehicle. However, for major A-roads and motorways it is likely you’ll need to contact one of the national authorities (such as Highways England) instead.

If you’re in London and hit a pothole that causes damage while driving in a red route area, then your best bet is to contact Transport for London with your compensation claim.  

What do I need to claim for pothole damage?

If you wish to progress with a claim for pothole damage, then you’ll need evidence for your submission. It's best to outline all the key details including how, when and where your vehicle was damaged, so consider the following:

• The date and time the damage occurred
• Whereabouts the pothole is (you should provide a specific location, such as road name and/or marker post number)
• Details of what initial damage was caused to your vehicle (including pictures)
• A mechanic’s report if your vehicle was taken to a garage or assessed at the roadside
• Any accompanying repair quotes to fix the damage 

Of course you may be asked for more details to help prove the damage to your vehicle was caused by a pothole. Although it is not recommended that you return to the pothole specifically to take photos and put yourself at risk on the roadside, unless deemed safe to do so.

Claiming for pothole damage on car insurance

It is of course possible to claim for pothole damage on your car insurance instead. If you have fully comprehensive insurance then it's worth weighing up how cost effective it is to make a claim. 

Remember that any claim you make on your car insurance means you’ll have to pay the agreed excess fee and it could also affect your no-claims bonus too. 

How to prevent pothole damage

While avoiding some potholes is hard to do, it’s worth understanding that the faster you drive through a hole in the road’s surface, the more likely your vehicle is to suffer damage. Here’s our top five tips to preventing pothole damage:

1. Stick to the speed limit and slow down if you spot a pothole
2. Be wary in the wet weather as puddles can mask a problem pothole
3. Keep both hands on the steering wheel at all times; if you are to hit a pothole this will help to keep the vehicle steady 
4. Pay attention to your tyres; ensure they are the correct pressure and the tread depth is a minimum of at least 1.6mm
5. Reduce the risk of damage from pothole debris by keeping a distance of at least two seconds from the vehicle in front 

Pothole damage repairs at an approved dealership

Don’t let pothole damage keep you off the road for too long, here at Wilsons Epsom we can get you back behind the wheel as quickly as possible. Our dedicated Accident Repair Centre means we can fix any make and model of car or van - no matter what damage a problem pothole may have caused to your vehicle.

As a manufacturer approved dealer, you’ll receive the same high level of workmanship you’d expect at any main brand dealership thanks to our expert team of technicians. Don’t delay and get your free quote today to find out how much your repair will cost - call us on 01372 736110 or email [email protected].