How to claim for pothole damage
If pothole damage has damaged your car, motorcycle or pushbike, you’re not alone. Latest figures show 400,000 potholes have been reported across Scotland in the past four years 1, while Northern Ireland recorded almost 107,000 potholes in 2024.2
The RAC estimated in it’s most recent report that there are at least one million potholes across the UK.3
Figures from the AA show more than 1,700 drivers a day have their vehicles damaged by road defects, with the average cost of repair at £300.4
So, who do you turn to claim compensation for pothole damage? Read on to find out who to contact and what is involved in the claims process.
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To claim compensation for pothole damage, take photos of any damage to the car and the pothole. Your claim may fail if you can’t show the council is liable, e.g. it repairs the hole before you get evidence.
What damage can potholes cause?
The AA says, ‘the total cost of pothole damage to vehicles was £579m in 2024’ 4. Damage can affect tyres, wheels, steering, suspension and undercarriage components, including the exhaust system and oil pan. Potholes can cause injury or even death to cyclists and motorbike riders.
What should I do if I hit a pothole?
If you hit a pothole, pull over to the side of the road.
If there is damage, any compensation claim you might make will largely depend on the pothole damage evidence you collect, so if it’s safe try to do the following:
- Note the pothole’s location – write down or take photos of the road name, serial numbers on nearby telegraph poles, streetlights and marker posts and any feature identifying the part of the road you were on. What3words.com can help you identify your exact location.
- Note the time the damage happened, plus the weather and traffic conditions.
- If you are on a quiet road and it's safe to do so, use a tape or ruler to measure the pothole’s depth and size. Alternatively, use anything at hand – like a water bottle – that can show the pothole’s scale.
- Take photos of the pothole – close up and from a distance to show the surroundings. (If you don’t have a camera or mobile phone with you, sketch a diagram and then return later to take photos.)
- Get photos of the damage to your vehicle.
- Ask witnesses for their contact details to describe what they saw in writing.
Should I take my car to a mechanic?
Take your car or motorcycle to a garage if you have any immediate concerns about how it is driving. For example, a pothole might have damaged the tyres, causing the steering wheel to vibrate. Ask the mechanics to check for pothole damage.
What should I do if my car needs repairs?
Keep any receipts from repairs and ask your garage to put in writing that a pothole caused the damage. Remember that some damage may only become apparent when time has passed.
How do I report a pothole?
Help out other road users by reporting the pothole online. Doing so, hopefully, gets the hole filled quicker but should also give you a clue about who you should contact to claim for damage. The organisation will be a highways authority of some kind, which is usually a local council.
Under the Highways Act 1980, local councils must keep local roads safe. Which roads are their responsibility and how to report potholes will be listed on their websites. Motorways and A-roads are the responsibility of National Highways.
Find who to contact on gov.uk website. You can also report a local problem and see if others have reported it on FixMyStreet.com.
Who should I contact to claim for damage caused by a pothole?
The two main ways to claim for pothole damage are from the local council responsible for the road concerned or your insurer – but you cannot claim from both.
Whichever way you go, to be successful in your claim, you will need to show the following:
- The pothole caused the damage.
- You weren’t driving dangerously.
- Your car wasn’t in disrepair.
How do I claim for pothole damage from the council
A local council will pay for pothole damage if there is enough evidence to prove it was negligent on roads it is responsible for maintaining. So:
- Go to the council’s website and follow their procedure for claiming compensation. You may be sent a form to fill out or complete it online.
- You may be asked to provide evidence – send all the details you collected about the pothole, plus invoices for repairs and any comment about pothole damage from the mechanic who carried out repairs.
- Tell your story – explain what happened, the vehicle you were driving, where you hit the pothole, the damage it caused and the evidence you’re presenting.
What should I do if my pothole claim is rejected?
If your pothole claim is rejected, you can appeal this decision, you will need to provide evidence that the council has fallen short in carrying out its responsibilities.
Any evidence that might show the council has fallen short in carrying out its responsibilities, will help your damages claim.
1. Making a Freedom of Information request
You will need to make a Freedom of Information request to get the following information, covering the two years before the date the pothole damaged your vehicle:
- Inspection logs showing how the council maintained the road.
- The council’s policy for inspecting and repairing its roads.
2. Gather all the information
Check if the council has followed its road maintenance policy, focusing on things like:
- How it performed road safety inspections.
- Whether the road in question had a history of problems. (Go to the independent website FixMyStreet to find out what other drivers say about the road.)
- Defects on that road in the past two years.
- Complaints and queries the council received.
- Any action the council took, if someone reported the pothole.
Then, if that also fails, you could take the issue to the small claims court, but you should take legal advice before you do.
How do I claim for pothole damage from my insurer?
There is also the option to report damage to your insurer. However, remember that this approach could affect your insurance policy’s no-claims discount and your premium. You will also need to pay an excess.
Find out more about our Rias Car insurance
[2] Irishnews.com
[3] RAC Pothole Index
[4] https://www.theaa.com