Pothole Claims — Windsor and Maidenhead Borough Council

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Pothole Claims — Windsor and Maidenhead Borough Council

Last updated: 11 April 2026

Windsor and Maidenhead Borough Council is responsible for maintaining the roads within its jurisdiction in Berkshire. Under the Highways Act 1980, section 41, the council has a statutory duty to ensure that highways are kept in a safe condition, which includes repairing potholes promptly.

Windsor and Maidenhead Borough Council's Duty to Maintain Roads

Section 41 of the Highways Act 1980 mandates that local authorities such as Windsor and Maidenhead Borough Council have a legal obligation to maintain roads within their boundaries. This includes regular inspections and timely repairs, ensuring that drivers can use these roads safely without risk of damage caused by potholes.

How to Report a Pothole to Windsor and Maidenhead Borough Council

Reporting a pothole is an essential first step in making a claim for any damages incurred. To report a pothole, you should visit the council’s official website at https://www.rbwm.gov.uk/home/transport-and-streets/roads-and-highways. This page provides detailed instructions on how to submit your report along with necessary documentation such as photographs of the pothole and its location.

Making a Pothole Damage Claim Against Windsor and Maidenhead Borough Council

When making a claim, it is crucial to gather evidence that supports your case. Start by photographing the pothole from multiple angles, showing its size and condition at the time you encountered it. Next, obtain repair quotes for any damage sustained due to the pothole; these should be from reputable mechanics or dealerships.

The timeline for submitting a claim is important as well. Under the Limitation Act 1980, you have up to three years from the date of the accident to file your claim. It’s advisable not to delay in seeking repair quotes and initiating communication with Windsor and Maidenhead Borough Council.

What If Windsor and Maidenhead Borough Council Rejects Your Claim?

If Windsor and Maidenhead Borough Council rejects your claim, they might invoke Section 58 of the Highways Act 1980 as a defence. This section allows the council to argue that it had in place a reasonable inspection and maintenance regime at the time of the incident.

However, if you believe their rejection is unjustified, you can escalate your case to the county court. It’s important to note that you do not need a claims management company for this process; many individuals successfully handle such cases on their own with proper evidence and documentation.

Sources and References

Highways Act 1980
Limitation Act 1980
Windsor and Maidenhead Borough Council website: https://www.rbwm.gov.uk/home/transport-and-streets/roads-and-highways

Frequently Asked Questions

Who is responsible for maintaining roads with potholes in Windsor and Maidenhead?

Windsor and Maidenhead Borough Council is responsible for maintaining roads under the Highways Act 1980, which includes addressing issues like potholes to ensure safety and proper road conditions.

What can I do if my car was damaged by a pothole on a road managed by Windsor and Maidenhead Borough Council?

If your vehicle sustains damage due to a pothole on a road maintained by Windsor and Maidenhead Borough Council, you may be able to make a claim for compensation. You should report the incident to the council and gather evidence such as photographs of the pothole and any repair receipts.

How does the Highways Act 1980 apply to potholes on roads in Windsor and Maidenhead?

The Highways Act 1980 section 41 mandates that highway authorities, such as Windsor and Maidenhead Borough Council, have a duty to maintain roads. This includes addressing issues like potholes promptly to ensure road safety and compliance with legal standards.

What kind of evidence is necessary for making a claim against Windsor and Maidenhead Borough Council for pothole damage?

To support your claim, you should gather detailed photographic evidence showing the condition of the pothole at the time of the incident. Additionally, keep records of any repair bills or other expenses incurred as a result of the damage.

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.