Following on from recent reports of the pothole epidemic in the UK, the question arises regarding how to find relief from the repercussions.

Solving the issue of our crumbling roads is the priority for the long term, but what about the damage done now?

Hole-d on

The RAC reported that the main concern for the majority of drivers in Britain was damage to vehicles caused by potholes.

Maintenance and the condition of roads have become the top issue for almost six in 10 people.

Vehicle damage from the issue includes punctures, bent wheels and broken suspension springs.

These were the most common damages caused by potholes and estimated to cost drivers £460 on average.

With this in mind, Connor Campbell at Independent Advisor Car Insurance has shared their tips on how to claim for pothole damage.

Surveying the situation

Connor Campbell, an expert at Independent Advisor Car Insurance says:

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

“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.

“It’s important to note that making a pothole claim on your car insurance will affect your no-claims bonus.”

How to claim

  1. Gather evidence
  • 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 note the time and date of the incident and the location of the pothole ( the road it’s on, any surrounding landmarks or reference points, or its specific location using an app such as what3words).

  1. Find the right local authority
  • If the pothole is in England or Wales and is on a local or more minor road, contact the local council over the phone or via their website
  • If the pothole is in England and is on a motorway or an A-road, contact Highways England on 0300 123 5000 or [email protected] (this does not apply to all major roads in England)
  • If the pothole is in Greater London, report it 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, use the Traffic Wales online map or email [email protected]
  • If the pothole is in Scotland and is on a local road, 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, call Traffic Scotland on 0800 028 1414 or email [email protected]
  • If the pothole is in Northern Ireland: report it online, using the NI Direct online map
  1. 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.

  1. Make your claim to the local authority
  • In 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
  • In Wales: the relevant council for potholes on local roads or Traffic Wales for potholes on motorways and A-roads
  • In Scotland: the relevant council for potholes on local roads or Traffic Scotland for potholes on motorways and A-roads
  • In Northern Ireland: 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.

  1. 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.

  1. Wait for an offer

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

Not good enough

What happens if your pothole damage claim is rejected?

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

1. 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.

2. 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.

3. 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.

 

For more motoring insurance advice, you can click here.