Pothole Claims Against Leicester City Council

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Pothole Claims Against Leicester City Council

Last updated: 11 April 2026

When you encounter a pothole in Leicester that causes damage to your vehicle, it’s important to know how to proceed with making a claim against the responsible authority. Leicester City Council is the unitary authority responsible for maintaining roads within its jurisdiction under the Highways Act 1980.

Leicester City Council's Duty to Maintain Roads - Highways Act 1980 Section 41

Under section 41 of the Highways Act 1980, Leicester City Council has a statutory duty to ensure that all public roads within its area are maintained in a safe condition. This means that the council is responsible for repairing potholes and other defects that could cause damage to vehicles or pose a danger to road users.

How to Report a Pothole to Leicester City Council - Use https://www.leicester.gov.uk/transport-and-streets/

The first step in making a claim after encountering a damaging pothole is to report it to the relevant authority. You can do this by visiting the Leicester City Council website at . This page provides detailed information on how to report a pothole, including contact details and an online form.

Making a Pothole Damage Claim Against Leicester City Council - Evidence Needed, Repair Quotes, Timeline

To make a successful claim against Leicester City Council for pothole damage, you need to gather several pieces of evidence:

Photographs: Take clear photographs of the pothole from different angles and distances.
Damage Documentation: Document any vehicle damage immediately after the incident. Include photos of tyre punctures, wheel or alloy damage, bodywork scratches, and suspension issues.

it’s essential to get repair quotes from certified mechanics or dealerships. These quotes will serve as proof of the cost incurred due to pothole damage.

The legal time limit for making a claim is three years from the date of the incident (Limitation Act 1980). You should act promptly and submit your evidence within this timeframe.

What If Leicester City Council Rejects Your Claim? - Section 58 Defence, County Court

If Leicester City Council rejects your pothole damage claim, they may use section 58 of the Highways Act as a defence. This allows them to argue that their inspection and maintenance regime was reasonable at the time of the incident.

However, if you believe your case is strong, you can escalate it to the county court. It’s important to note that you do not need a claims management company for this process; handling the claim yourself or with legal advice from solicitors is often sufficient.

Sources and References

Highways Act 1980: Section 41 and Section 58
Limitation Act 1980
Leicester City Council website:

Frequently Asked Questions

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

Yes, if you suffered vehicle damage due to a pothole in an area maintained by Leicester City Council, you can submit a claim directly to them without needing a claims management company. Under the Highways Act 1980, local authorities like Leicester City Council have a legal duty to maintain roads properly.

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

To support your claim against Leicester City Council for pothole damage, gather photographic evidence showing the condition of the pothole and its location. Additionally, obtain repair estimates from qualified mechanics to substantiate the extent of damage to your vehicle.

How does Leicester City Council defend themselves in a pothole claim?

Leicester City Council may use Section 58 of the Highways Act 1980 as a defense by showing they had a reasonable inspection and repair regime in place at the time of your accident. They must demonstrate that their maintenance practices were up to standard.

Who is responsible for maintaining roads in Leicester?

Leicester City Council is responsible for maintaining roads within its jurisdiction, including repairing potholes and ensuring road safety under the provisions of the Highways Act 1980. If you encounter a hazardous pothole, it's important to report it to them.

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.