Some UK drivers who have put in a claim after a pothole caused damage to their car have been paid up to £2,500 in compensation, according to Money Saving Expert (MSE). Martin Lewis and his team of finance specialists at MSE say they've heard success stories from motorists who have received compensation payouts.
One MSE reader, called Colin, said: "After looking at the guide on MSE... the result is that my car is now repaired and the council fully reimbursed me for my repair costs (over £2,500). This would have been so much harder if it hadn't been for your website, so thank you."
Another said: "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."
It comes as MSE put out a new post today (March 31), urging drivers to consider making a claim if their car is damaged after hitting a pothole. Taking to X, MSE said: "Don't let a hole in the road put a hole in your wallet."
It added: "The latest figures show there's a record £18 billion pothole repair backlog! But whoever controls the road has a legal duty to do so correctly – if they don't, they should pay for repairs."
Under the Highways Act 1980, the responsibility to maintain roads and the liability to pay for damages if they fail to do so generally rest with whoever controls the road, whether a public authority or a private landowner. Under Section 41 of the Act, the local Highway Authority has a duty to maintain highways maintainable at public expense.
If an accident occurs due to a failure to maintain these roads, for example, potholes, the authority is generally liable to pay compensation. However, authorities can escape liability under Section 58 of the Act if they can prove they took "reasonable" care to ensure the highway was safe, such as by having a proper inspection and repair system in place
Martin Lewis said: "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."
What you need to make a claim
Before you can make a claim, MSE says there is criteria to check. It explains: "To be a pothole, it usually needs to be at least 4cm deep. You need to prove it was the pothole. Check who's responsible – then report it. You can claim if your vehicle's damaged and the authority responsible for the road failed to properly maintain it. If you've hit a pothole, consider telling your insurer."
Drivers should gather evidence as soon as possible, as MSE says: "The first thing to do is start collecting proof, pronto. No matter which authority you're claiming from, the overall goal's the same – to gather enough evidence to prove its negligence."
This includes taking pictures of the pothole and measuring its depth, only if it is safe to do so. Also, MSE recommends taking pictures of your car and the damage, the pothole's position in the road, and any nearby road signs.
MSE says a 'fast claim' is the quickest way to claim. For this, you need to know which authority is responsible for the pothole you hit and have already reported it.
A statement on Gov.uk reads: "You may be able to claim compensation if your vehicle has been damaged by a road. The organisation you contact depends on where the road is and the type of road. You cannot claim compensation if debris from another vehicle caused the damage. Contact your insurer instead." Contact the organisation responsible to tell them:
- What was the damage.
- Why you think they are responsible.
- The specific location where the damage took place - the road name and the nearest marker post number or feature which identifies the part of the road you were on.
- The date and time the damage was caused.