UK drivers can claim compensation from their local council for vehicle damage caused by potholes. Under the Highways Act 1980, councils have a duty to maintain roads and ensure they are safe for use. This guide will walk you through how to
complain to your lender against your local highways authority if you've incurred damage due to a neglected road defect.
A pothole damage claim is an action taken by a driver against the highways authority (typically their local council) seeking compensation for vehicle damage caused by poor road conditions, such as potholes or other defects. The Highways Act 1980 outlines the responsibilities of councils in maintaining public roads, and drivers have the right to seek redress if these standards are not met.
The Highways Act 1980
Section 41: Duty to Maintain
Section 41 of the Highways Act 1980 mandates that local authorities must keep highways in a condition fit for use. This includes repairing potholes and other road defects within reasonable timeframes, ensuring they do not pose a danger to drivers or pedestrians.
Section 58: Defence of Reasonable Maintenance
Section 58 allows councils to defend against claims if they can prove that their maintenance schedule was reasonable given the circumstances. To avoid liability, the council must demonstrate that it had a regular and systematic inspection programme and acted promptly upon identifying any issues requiring repair.
What Damage Can You Claim For?
You may claim compensation for various types of vehicle damage caused by potholes, including:
- Tyre damage: Potholes can cause punctures or blowouts.
- Wheel/alloy damage: Bent wheels or damaged alloys are common consequences of hitting a deep pothole.
- Suspension damage: Shock absorbers and struts often suffer from impacts with road defects.
- Steering alignment issues: Severe potholes can affect the wheel alignment, leading to increased wear on tyres and steering components.
- Bodywork damage: Paint chips or dents caused by flying debris or direct impact.
In addition to vehicle repairs, you may also claim for any personal injuries sustained while driving over hazardous road conditions.
How to Make a Pothole Damage Claim
1.
Photograph the Pothole: Take clear photos of the pothole from multiple angles, ensuring there is something visible in each shot for scale (e.g., a parked car or traffic cone).
2.
Measure the Pothole (if possible): Use a tape measure to gauge the depth and width of the defect.
3.
Photograph Your Vehicle Damage: Capture images of all affected areas of your vehicle, focusing on any new dents, scratches, or broken parts.
4.
Obtain Repair Quotes: Take your damaged car to an authorised repair centre for estimates and invoices. This will provide evidence of the cost required to fix your vehicle.
5.
Report the Pothole to Your Council: Use your council’s online reporting system or the national Fix My Street website (fixmystreet.com) to report the defect. Providing detailed information about the pothole can help expedite repairs and support your claim.
6.
Submit Your Claim: Once you have gathered all necessary evidence, contact your local council’s highways department with a formal request for compensation based on your documented losses.
Evidence You Need to Collect
To strengthen your claim, ensure you collect full documentation:
- Photos of the pothole (with scale reference items)
- Photos of vehicle damage
- Repair invoices or quotes from authorised repair centres
- Dashcam footage if available
- Witness details who can corroborate the incident
Having this evidence will help demonstrate that the pothole was significant enough to cause harm and that your repairs were necessary.
How to Report a Pothole
Each local council operates an online reporting system for road defects. you can use Fix My Street (fixmystreet.com), which allows anonymous submissions and maintains records of reported issues even if immediate action is not taken. Reporting the pothole promptly helps create a timeline that supports your claim.
The Council's Section 58 Defence
If your local council denies responsibility for your damages, they may invoke Section 58 by arguing that their maintenance practices were reasonable. To challenge this defence effectively, you can submit Freedom of Information (FOI) requests to obtain details about the council’s inspection and repair schedules. This information will help establish whether their procedures met legal standards.
Small Claims Court
If your claim is rejected or unresolved through negotiation with the council, you may proceed to the small claims court for compensation up to £10,000. The process does not require a solicitor; however, it’s advisable to seek independent legal advice before filing a case. Remember, you do not need a
claims management company to handle your claim.
Sources and References
- Department for Transport (2023). "Highways Act 1980."
- Fix My Street website (fixmystreet.com)
- Local Government Association (LGA) guidelines on highway maintenance responsibilities
- Citizens Advice Bureau (CAB): Information on small claims court procedure
By following these steps and gathering thorough evidence, you can effectively pursue compensation for pothole damage from your local council. Always remember to approach the claim process systematically and with patience, ensuring all necessary documentation is in order before escalating to legal action if required.
Key FCA Figures
The FCA confirmed on 30 March 2026: 12.1 million eligible agreements, £829 average compensation per agreement, £7.5 billion total redress at 75% consumer uptake, and £9.1 billion total cost to firms. The scheme covers agreements from 6 April 2007 to 1 November 2024. Two deadlines apply: 30 June 2026 for post-2014 agreements and 31 August 2026 for pre-2014. Final complaint deadline: 31 August 2027.
You can complain to your lender directly for free. You do not need a claims management company.
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MLJ.org.uk (mlj.org.uk) is a free, independent information service. We are not a claims management company, solicitor, law firm, or financial adviser. We do not handle complaints, process claims, charge fees, or accept any percentage of compensation. This information does not constitute legal or financial advice. You can complain to your lender directly for free. You do not need a claims management company. If your lender rejects your complaint, you can escalate to the Financial Ombudsman Service at no cost. For personalised legal or financial advice, consult a qualified professional.