Pothole Claims Against Aberdeen City Council

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Pothole Claims Against Aberdeen City Council

Last updated: 16 April 2026

Aberdeen City Council, the local authority responsible for maintaining roads in Scotland's third-largest city, plays a crucial role in ensuring that drivers can travel safely. Under Section 41 of the Highways Act 1980, Aberdeen City Council has a statutory duty to maintain highways within its jurisdiction. This means that they are legally obligated to keep roads in good condition and address issues such as potholes promptly.

Aberdeen City Council's Duty to Maintain Roads

Section 41 of the Highways Act 1980 outlines the legal obligation of highway authorities, including Aberdeen City Council, to maintain highways within their jurisdiction. This statutory duty requires that the council regularly inspects roads and takes appropriate action to address issues such as potholes. If a driver sustains damage due to an improperly maintained road, they have the right to seek compensation under this legislation.

How to Report a Pothole to Aberdeen City Council

If you encounter a pothole on a road managed by Aberdeen City Council, it is important to report it immediately. You can do so through their dedicated services page at https://www.aberdeencity.gov.uk/services/roads-transport-and-parking. Reporting the issue helps ensure that the council is aware of and addresses dangerous conditions as soon as possible.

Making a Pothole Damage Claim Against Aberdeen City Council

When you incur damage to your vehicle due to a pothole, you can pursue a claim against Aberdeen City Council. To do this effectively, gather evidence such as photographs of the pothole at the time of the incident and repair quotes from reputable mechanics or body shops. It is essential to act within three years of the date of the damage (as per the Limitation Act 1980) to ensure your claim remains valid.

What if Aberdeen City Council Rejects Your Claim?

If Aberdeen City Council rejects your pothole damage claim, you can escalate it further by filing a case in the county court. The council may use Section 58 of the Highways Act 1980 as a defence, arguing that they had a reasonable inspection and maintenance regime in place at the time of the incident. However, this does not mean your claim is automatically dismissed. You can still pursue legal action with the help of independent solicitors or directly through the court system.

You do not need a claims management company to handle your pothole damage claim; you can manage it independently by gathering evidence and following the appropriate procedures.

Sources and References

"Highways Act 1980, Section 41." Legislation.gov.uk.
"Limitation Act 1980." Legislation.gov.uk.

Frequently Asked Questions

Can I make a pothole damage claim against Aberdeen City Council?

Yes, you can make a pothole damage claim against Aberdeen City Council if your vehicle was damaged due to a defective road surface on their responsibility. Under the Highways Act 1980, they are responsible for maintaining roads and ensuring that any defects such as potholes are repaired in a timely manner.

What evidence do I need for a pothole claim against Aberdeen City Council?

To support your pothole damage claim against Aberdeen City Council, you should gather photographic evidence of the pothole and its location at the time of the incident. it is useful to have repair quotes or receipts showing the cost of repairs for your vehicle.

How does the Highways Act 1980 apply to pothole damage claims against Aberdeen City Council?

Section 41 of the Highways Act 1980 states that highway authorities, such as Aberdeen City Council, have a duty to maintain roads and ensure they are safe for use. If you can prove that the council failed in this duty by not repairing or marking a dangerous pothole, you may be entitled to compensation.

What should I do if my claim against Aberdeen City Council is denied?

If your claim against Aberdeen City Council for pothole damage is denied, it’s important to review the reasons provided and gather additional evidence or seek legal advice. You may need to provide further documentation or engage in dispute resolution processes offered by the council.

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.