Pothole Claims Against National Highways

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Pothole Claims Against National Highways

Last updated: 11 April 2026

National Highways is the national highway authority responsible for maintaining England’s motorways and major A-roads. If you suffer damage to your vehicle due to a pothole on one of these roads, understanding how to make a claim against National Highways is crucial.

National Highways's Duty to Maintain Roads

Under Section 41 of the Highways Act 1980, National Highways has a statutory duty to maintain highways within its jurisdiction. This means that they are responsible for ensuring that these roads are in good repair and free from defects like potholes that could cause damage to vehicles.

How to Report a Pothole to National Highways

If you encounter a pothole on one of the motorways or major A-roads managed by National Highways, it is important to report it immediately. You can do this through their dedicated reporting system available at https://nationalhighways.co.uk/road-safety/report-a-problem/. Reporting the issue helps prevent further damage to vehicles and ensures that necessary repairs are carried out promptly.

Making a Pothole Damage Claim Against National Highways

To make a pothole damage claim against National Highways, you need to gather evidence and follow these steps:

Photograph the Pothole: Take clear photos of the pothole from different angles. Include images showing the extent of the damage it caused to your vehicle.

Report It to National Highways: Use their online reporting system to notify them about the issue. Provide as much detail as possible, including the location and date of the incident.

Get Repair Quotes: Obtain repair quotes from authorised service centres or garages for any damage incurred due to the pothole. Keep all receipts and invoices related to repairs.

Submit a Claim with Evidence: Compile your evidence (photos, repair quotes) into a formal claim letter addressed to National Highways. Include details such as the date of the incident, location, and extent of vehicle damage.

Timeline for Action: It is important to act quickly after sustaining damage from a pothole. The Limitation Act 1980 sets a three-year time limit for bringing personal injury or property damage claims in England and Wales.

What if National Highways Rejects Your Claim?

If your claim is rejected by National Highways, they may use Section 58 of the Highways Act 1980 to argue that their inspection and maintenance regime was reasonable. To counter this defence, it is crucial to provide full evidence showing how the pothole caused significant damage.

If negotiations with National Highways do not resolve your claim, you can escalate the matter to a county court. However, it is essential to note that you do not need a claims management company for this process. You can handle the claim yourself or seek legal advice from solicitors if needed.

Sources and References

"Highways Act 1980" - UK Government
"Limitation Act 1980" - UK Legislation
National Highways: https://nationalhighways.co.uk/road-safety/report-a-problem/

Frequently Asked Questions

Can I make a pothole damage claim against National Highways?

Yes, you can make a claim for pothole damage if it was caused by a defect on a road maintained by National Highways under their responsibilities outlined in the Highways Act 1980. However, you do not need a claims management company to help; instead, gather evidence such as photographs of the pothole and any repair quotes.

What does the Highways Act 1980 have to do with pothole damage claims against National Highways?

The Highways Act 1980 sets out that National Highways has a duty under Section 41 to maintain roads. If a road defect leads to vehicle damage, this act provides the legal framework for making a claim.

What evidence is needed for a pothole damage claim against National Highways?

To support your claim, it's important to gather photographic evidence of the pothole at the time of the incident and obtain repair estimates from authorised garages. You should also report the pothole to National Highways as soon as possible.

How does National Highways defend against a pothole damage claim?

National Highways can use Section 58 of the Highways Act 1980 to argue that they had a reasonable inspection and repair regime in place. They must prove that they were carrying out regular checks and responding appropriately to any issues.

Important: MLJ.org.uk is an independent information resource. We are not a claims management company, solicitor, law firm, or financial adviser. We do not process claims, take fees, or provide advice. Where the law gives you a right to complain or claim directly (to a lender, council, FOS, court, or regulator), you can do so without paying a third party. MLJ.org.uk is operated by Copious Ltd, registered in England and Wales, company number 11437826.