
Pothole Claims
How to claim for pothole damage
You hit a pothole and hear a horrible clunk – your car's been crocked and it's going to cost you. But whoever controls the road has a legal duty to maintain it to a fit standard, if they don't, they should pay for repairs. Our step-by-step guide shows you how to claim.
Reclaiming for pothole damage - what are the issues?
Potholes are a plague on Britain's roads. The Local Government Association claimed in 2016 that it would take 14 years to clear the backlog of potholes, despite councils filling in almost two million per year. The Government has pledged more than £6 billion to try and tackle the problem by 2021.
Whenever we ask you what you'd like us to campaign on, huge swathes of you say 'potholes, potholes, potholes'. So we wrote this 10,000-word guide to help (though you don't need to read every word).
If you've hit a divot or a crack and your car's damaged, the process of filing a claim can seem daunting, and many drivers don't know where to start. But if the authority responsible for maintaining the road failed to do so properly, it's possible to successfully claim for repairs in full.
Of course, you can only claim if the authority was at fault. Potholes are inevitable, particularly in winter, so the key question is whether it could and should have fixed it before your car hit it.
Remember, in reporting a pothole, you're being a good citizen. And if the authority was negligent and didn't do the checks it should have, claiming for repairs can help put pressure on the powers that be to keep the road safe and in good condition. Equally though, this is taxpayers' money and in the short term, claims can put councils under real pressure, so you'll need to decide for yourself what the right thing to do is.
Read on for our key pothole reclaim need to knows...

Pothole claims – the need-to-knows
Before you get into actually making a claim, here are the big questions answered.
Still not had your question answered? Let us know in the Pothole claims forum discussion and we'll try to add it to this section.

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'Claim now settled for the £735 worth of damage – thanks MSE'
It can be a long slog, but don't be put off – we've seen many successes, but here are couple of the best:
Two mangled alloys and one tyre, £735 worth of damage. Claim now settled for the full amount after initially being thrown out. Thank you MSE for the pothole claim guidelines.
- Mrchewie
The best advice is persevere. The forms sent to me were phrased to make me give up before I started. However I was so angry I completed every step (hurdle) and eventually I was compensated for the replacement wheel and tyre I required.
- Ca55ie
Before you start, keep in mind that it isn't always easy to claim for pothole damage. While there are successes, there are many instances where claims are rejected too.
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Is it right to claim? Martin's view...

Our usual campaigns are about reclaiming money you've wrongly paid – not damages, which this guide is about. A compensation culture is dangerous and we need be wary of this, especially when taxpayers are footing the bill.
Yet the authorities have a legal duty to maintain roads so they're safe for everyone to use. If they don't and your car's damaged, they should help pay the costs to repair it.
It's important to understand you can only claim anyway if the authority responsible for the road has been negligent. So if a cannon ball drops off a truck, causing a pothole which two minutes later damages your car, you've no right to claim – there's nothing the authorities could've done to prevent that.
Even if you are eligible to claim, you have a decision to make. Some argue that compensation deprives authorities of much-needed cash to fix roads – others that the more people pursue their rights, the more incentive there is for authorities to improve the roads to avoid dealing with claims.
After huge user demand to know pothole rights, we've delivered this guide for our users, we hope, in a responsible, non-militant, easy-to-use way. You must decide whether to use them.
Damage from a pothole? Gather evidence
The first thing to do is start collecting the proof, pronto. No matter which authority you're claiming from, your overall goal's the same – to gather enough evidence to prove the authority was negligent.
If safe, take photos and measure the pothole's depth
If you've a tape measure handy, and if it's safe (please don't try this on a motorway), measure the depth of the pothole and note it down. If it's 40mm or more deep (roughly the height of two 20p coins) then bingo – it's definitely worth pursuing. If it's less, it's still worth continuing, but you might not get the full cost of repairs back. Measure the width too.
Take pictures straightaway, or as quickly as it's safe to do it. If you don't have a camera when it happens, you can always come back. Things to photograph include:

Close-ups of the pothole. We don't advocate stopping traffic, but it's vital to act quickly. A handful of pictures showing the width and depth of the pothole should be OK. If you can, measure the depth with a tape measure, then take a picture with the tape measure inside it.
If that's not possible, get any standard-sized object (a newspaper could do the job), put it inside the pothole, and mark the depth on it to give you a metric.
The pothole's position in the road. Take some mid-range pictures of its position in the road from different angles, showing which lane it's in. Check the pothole's visible in these.

Road signs. Get more pictures of the immediate stretch of road including road signs. Photographs of nearby landmarks such as schools and prominent buildings will help pinpoint the spot.
Your car. You'll need to show the damage done, so take several clear pictures of anything that's broken, severed, dented or scratched.
Take notes and gather the paperwork
Any documentary evidence will boost your case, so it's important to collect as much supporting paperwork together as possible. Here are some of the things to consider (although don't worry if you don't have something for every point):
- The pothole's exact position. Make a note of its location – eg, where it sits in the road, which lane it's in (if that applies) and how many metres it is from the pavement. Note any landmarks on either side of the road. If there's a prominent building nearby (say a church or a school), ensure you get its name.
- The accident itself. Keep a record of the moment you hit the pothole. Write down the exact time and date, and try to describe the conditions – the weather, traffic and so on. Be as accurate as you can.
- Did anyone see you hit the pothole? If they did, and if it's possible to contact them, ask if they'll put something in writing for you. For example, if it was impossible to see the pothole on approach, or if it was clearly a hazard, ask if they'll confirm this. This may help your claim further down the line.
- A map-like sketch. If you can, do a quick sketch of the pothole, the stretch of road it's on and a couple of buildings or signs either side. Don't worry too much about the quality, it doesn't have to be a Van Gogh.
If you can, try to make any notes as soon as possible after the event, and date them. If the worst comes to the worst and you have to go to court, 'contemporaneous' notes (ie, those written at the time something happened) are generally considered more reliable.
Keep a record of the damage to your car
This bit's crucial. Remember, you're not claiming for general compensation as such, you're reclaiming the cost of repairs to your car.
When you get your car looked at and then repaired, keep a copy of your bill and make sure it's clearly itemised and dated. If possible, ask the mechanic to put it in writing that the damage was caused by a pothole – if you can, it'll really help later on.
Try a fast claim first
This is the quickest way to claim from an authority. If you've already done it, and it's not been successful, you'll need to make a full claim, which takes longer. See below for full info on How to make a full claim.

By now you should know which authority's responsible for the pothole you hit, and you should have reported it (if not, go back and do so now). You should also have gathered a variety of evidence (again, if not, go back and do so).
Now it's time to claim. The simplest and fastest way of doing this is by using the authority's own claims process – normally it just means filling in a form. Not every authority lets you do this, and if they do, it's not always successful. But it's always worth trying first.
Forumite reduceditem was successful doing this, posting:
I claimed from Glasgow City Council for pothole damage that required both coil springs to be replaced. They sent me out a form that I completed and returned with photos.
Several weeks later, they sent me a letter simply asking me to send them my garage repair bill. Some time after that I got my cheque.
Here's how to file a fast claim – and remember, if you're not sure who to claim from and report the pothole to, check here:
- Councils in England, Wales or Scotland. Some councils will send you a form to complete when you report a pothole. If not, you can check whether your council allows fast claims by looking on its website. A full list of council websites can be found at Gov.uk. If your council doesn't have a fast claims system, go to How to make a full claim.
Transport for London. You should be sent a form after reporting the pothole – if it doesn't arrive, call 0343 222 1234. There are separate forms for drivers and cyclists. Once you've sent it off, TfL's insurance provider Gallagher Bassett will investigate your claim. There's no official timeframe for you to get a response though.
Highways England. Again, you should be sent a form when reporting the pothole. If not, call 0300 123 5000. After you send the completed form in, the agency will acknowledge receipt within 21 days and has 90 days to respond.
Major roads in Scotland. All three agencies that look after motorways and A roads in Scotland should send you a form when you report a pothole – if not, call Amey (south-west Scotland) on 0800 521 660 or Bear Scotland (north-east, north-west and south-east Scotland) on 0800 028 1414. Amey says responses generally take 20 working days – Bear Scotland gives no firm timeframe.
Traffic Wales. If you asked for a form when reporting the pothole, you should have been sent an information pack and claim form – if you didn't or it hasn't arrived, call 0300 123 1213.
DfI Roads (Department for Infrastructure unit that manages and maintains Northern Ireland's transport network). You can download the form directly from the NI Direct website.
Private roads. Claiming for pothole damage on a private road generally works in a similar way, but it's a slightly different process.
Submitting a fast claim
The advantage in submitting a fast claim if you can is that it's just that – fast. The only thing you have to do is fill in the form you were sent by the authority and send it off, along with any evidence they request. However, it's helpful at this stage to include any additional evidence you have to boost your case.
To strengthen your claim, we've also created a short template letter to send alongside the form, which briefly outlines your case and makes it clear that if you don't receive compensation for the damage to your car, you're ready to take it further. Although you don't have to send this, it'll show the authority you've done your homework and are prepared to take it on.
FREE template letter. Download a short letter to make your fast claim faster.

Hurrah – the claim's submitted
After you've sent the form off, it may take a while to hear back. When you do, one of the following three things will happen:
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How to make a full claim
If you weren't able to make a fast claim – or you did, and it was rejected – the next step is to make a full claim. Be warned though, it's not a simple process. We'll take you through it step by step and give you template letters to make it as straightforward as possible.
In a nutshell, you're going to make a Freedom of Information request to find out if the authority was inspecting and repairing the road as often as it was meant to. If you can prove it wasn't, you can argue it should pay for your repairs.
Often the authority will pay up if you've proved its negligence, but in a few cases you might need to go to the small claims court.
Get the road repair policy and inspection history
This is all about digging into the detail to help give your claim a bigger chance of success.
You're going to use the Freedom of Information (FOI) Act to get information from the authority responsible for maintaining the road the pothole was on. This act enables you to request data from public sector bodies and they have to give it to you by law.
Don't worry – it sounds complicated, but it's actually quite simple. We've created a template letter you can use below, so we've already done the hard bit for you.
Your FOI request will get two pieces of information from the authority:
Its inspection logs that show how it maintained the road that damaged your vehicle.
Its policy for inspecting and repairing its roads. (In many cases, this will be the same as the national policy, but sometimes it differs so it's best to check).
Sometimes the authority may say you don't need an FOI request to get this info, but it's easier to do one all the same. Using an FOI request means the authority legally has to respond within 20 working days. The system's not perfect – sometimes it takes longer anyway – but most people find that using the FOI Act's the easiest way of making sure their request isn't lost in the system.
How to make your FOI request
The simplest way of submitting an FOI request is to email the authority – technically, you don't have to use any special form of words, just say you're making an FOI request and ask them your questions. To save you the hassle, we've put together a template letter for you to send – just fill in your details and send it off.
Warning: While FOI requests are free across most of the UK, it's worth noting organisations in Scotland can charge a fee of up to 10% if they think it'll cost them more than £100 to track down the information you need.
If this affects you, they'll have to tell you what it'll cost first – then it's up to you to decide if it's worth paying given there's no guarantee your claim will be successful. For more details, go to the Scottish Information Commissioner's website.

FREE template letter. Download our FOI request for councils letter to send off.

Although in theory you can send your request to anyone at the authority and they should pass it on to be dealt with, in practice it's best to contact the FOI department directly. This should be listed on the authority's website – if not, call it up and ask.
The authority has 20 working days to respond to your request. Usually, you'll get a response before the 20 days is up. If you don't, send a reminder on the 20th day. If they still don't play ball, complain to the Information Commissioner's Office.
Be mindful of the impact of FOI requests, which can put real pressure on councils. Only submit one if you couldn't use a fast claim.
Look at how the road was maintained
Once you've got the response to your FOI request, you'll need to go through the information you're sent with a fine-tooth comb. Be warned, this is NOT a five-minute job, so take a seat and make yourself a cuppa.

The first thing to check is the inspection logs, which should tell you how often the road you came a cropper on was inspected and repaired. Here are the key things you're looking for:
How often were inspections done, and how were they done? Don't just look at the frequency of inspections. Check the following:
- How were they carried out – by foot or in a van?
- If it was in a van, how fast was the van travelling? Was this too fast to see a pothole?
- Was there just one driver or a driver and an inspector?
- Did the road have a history of problems? If so, were inspections done more frequently?
- If the authority also had to do safety patrols, how were these carried out, and how frequent were they?
If the pothole had already been reported, what action was taken?
- How did the authority define the risk created by the pothole? How was it categorised?
- If it was known about, how long did it take to fix the pothole?
- If repairs were made, did it fix the pothole so that it was no longer a hazard?
- If no repairs were made, how long had the authority known about it before you hit it?
Check if the authority followed its own policy and if that policy met national standards
When the authority responds it should send out its road maintenance policy. There are two things you need to check here: first, what its own policy is for inspecting and repairing roads, and second, whether this meets national standards.
The idea here is to see if the authority was negligent. If it didn't inspect the road your pothole was on as often as it should have, or didn't repair it as quickly as it should have, you've got a decent case. Sit down with the road maintenance policy and inspection logs in front of you and go through them line by line, matching up how they compare.
If you believe you have a case, you'll need to build an argument. You need to see if there are any discrepancies between the authority's maintenance policy and what it actually did. The authority may have a justification for some discrepancies, but the more you can find, the better your chance of success. Here are the key things to look out for:
Once you've gone through the small print, make a list of any discrepancies you've found between what the authority was SUPPOSED to do and what it ACTUALLY did. If you've found one or more significant discrepancies, your claim's got a good chance.
Check the authority meets national standards
After looking at whether the authority followed its own road maintenance and inspection policy, there's one more thing to check – does the policy itself meet national standards?
This only applies to councils, which each operate their own different standards. If you're claiming from anyone else, skip this step and go straight to Step 4: Submit your claim.
Although individual councils can make their own rules, there's a separate document called the Well-managed highway infrastructure code of practice which sets out national standards. Even if the council in question followed its own rules, there's a chance its rules weren't adequate – so you might still be able to argue negligence.
Submit your claim
Deep breath: it's time to up the ante and submit your full claim. Don't worry, we've done a lot of the legwork for you with our free template letter.
The letter you send will set out your argument using everything learned so far. Remember, try to keep calm and use neutral language, nothing too emotive. This'll help if your letter is ever used in court proceedings down the line (though let's hope it never gets that far).
You need to state clearly that you're owed for the cost of repairs as the authority is liable, and explain why you believe it has been negligent. You'll then have to argue either that the authority failed to follow its own road maintenance and inspection policy, or that its policy failed to match national standards (or, very occasionally, both).
Whoever you're claiming from, make sure you closely refer to the evidence throughout your claim. If you think the road wasn't inspected frequently enough, for example, quote the relevant part of the road's repair history to prove that's the case.
Finally, ensure you include all the relevant evidence you've collected. To recap, here's a checklist of everything to include...
- Copies of repair invoices and proof of payment
- Copy of mechanic's statement on the cause of damage
- A note (or map) of the pothole's location
- A note of the date and time the damage was caused
- Photos of the damage you're claiming for
- Photos of the pothole if possible
- Copy of the road maintenance policy, if quoting it
- Copy of the road repair history, if quoting it
FREE template letter. Download our letter for councils to send off with your full claim.

When you've submitted your claim, one of three things will happen
First, you'll usually get a confirmation of receipt of your claim. You may be passed on to a firm that handles claims for the council in question, in which case it could be a couple of months before you get a response. If not, it's usually about a month before you hear back.
When you get a response, one of these three things will happen:
You win and get full costs back - victory! The authority will send you a letter and a cheque. Case closed. You've got your money back and don't need to read on. Well done! Let us know how you did it in the Pothole claims forum thread.
You get a partial offers - be prepared to compromise. The authority might make a partial offer for the repair costs. If this happens, be willing to compromise – it will save you time and hassle. Taking it to court from here can be an expensive process and you're not guaranteed to win.
You claim is rejected. Despite all your hard work, there's still a chance the authority may flat out reject your claim. Sometimes, they'll send a detailed explanation of why they won't make an offer. It might look like the Magna Carta – in one case, a council sent a 200-page refusal letter to a driver who'd claimed for £40.
Still unsatisfied? Try the small claims court

If you go through the whole process and they still reject your claim, your options are unfortunately limited (unless you're making a claim in Northern Ireland). You do have the right to take your claim to the small claims court – sheriff's court in Scotland – though.
Don't think automatically of judges and wigs – the small claims court is the low-hassle way to take legal action for up to £10,000 (£5,000 in Scotland) against a firm or individual. But you need to be confident you've got a case before you start, as there are fees if you lose.
You can see full info for small claims in England, Wales and Scotland in our Small Claims Court guide.
How did your pothole claim go? We want to know what you think of this guide, and also hear how your pothole claim went. Please leave your feedback, suggest improvements and tell us your experiences in the Pothole Claims forum thread.

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