How to claim for pothole damage: who is responsible and how to get compensation

Drive pretty much anywhere in the UK for more than a few minutes and you're likely to encounter a pothole.

Some areas might be worse-hit than others but nowhere is free from the blight of bad road surfaces caused by traffic, the weather and authorities scrimping on maintenance.

Even if you are on your guard it can be hard to avoid driving through them and hitting one can be physically and financially painful. It’s estimated that damage caused by potholes costs motorists around £2.8 billion every year.

If potholes have left you with an expensive repair bill, you might be able to claim compensation.

“The authorities have a legal duty to maintain roads so they’re safe for everyone to use,” says Martin Lewis, founder of MoneySavingExpert.com. “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 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.”

What counts as a pothole?

Frustratingly, there is no standard definition of what constitutes a pothole. Instead, potholes are defined by their depth – otherwise they’re considered to be a ‘carriageway defect’.

The definition of a pothole varies between local authorities (Photo: Shutterstock)

The issue here is that different councils have different depths by which they define a pothole. Most councils use 40mm as the minimum depth.

Some councils also have a minimum width for potholes – it varies but they tend to use 300mm as the minimum width.

Who’s responsible for pothole damage to my car?

The local authority has a responsibility to maintain all the roads in its area but motorways and most A roads would be considered part of the national network and are the responsibility of:

England: Highways England

Wales: Traffic Wales

Scotland: Transport Scotland

Northern Ireland: Department for Infrastructure

In London, London red routes are the responsibility of Transport for London

If you’re in doubt as to who is responsible Highways England and Transport Scotland have maps of all the roads that fall under their oversight.