Pothole Claims Against Oldham Metropolitan Borough Council

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Pothole Claims Against Oldham Metropolitan Borough Council

Last updated: 11 April 2026

Oldham Metropolitan Borough Council is the highway authority responsible for maintaining roads in Greater Manchester, and under its statutory duty as outlined by the Highways Act 1980 section 41, it must ensure that public highways are safe and well-maintained. This responsibility extends to addressing issues such as potholes, which can cause significant damage to vehicles.

Oldham Metropolitan Borough Council's Duty to Maintain Roads - Highways Act 1980 Section 41

Under the Highways Act 1980 section 41, Oldham Metropolitan Borough Council is legally obligated to maintain its roads in a reasonable state of repair. This means that the council must inspect and address potholes promptly to prevent damage to vehicles. If you have incurred damage due to a pothole on one of their maintained roads, it falls under this statutory duty.

How to Report a Pothole to Oldham Metropolitan Borough Council

To report a pothole in Oldham, visit the council’s website at https://www.oldham.gov.uk/info/200219/roads_and_pavements. Here, you can submit an online form detailing the location and severity of the pothole. Promptly reporting such issues helps ensure that they are addressed as quickly as possible, reducing the likelihood of further damage to vehicles.

Making a Pothole Damage Claim Against Oldham Metropolitan Borough Council

If your vehicle has sustained damage due to a pothole on a road maintained by Oldham Metropolitan Borough Council, you can make a claim against them. To build a strong case, it is crucial to gather evidence:

Photograph the Pothole: Take clear photographs of the pothole from multiple angles and note its location.
Report It: Use the council’s online form or contact their customer service line as soon as possible after discovering the pothole.
Get Repair Quotes: Obtain repair estimates from reputable mechanics to document the extent of the damage.
Submit Your Claim: Provide Oldham Metropolitan Borough Council with all relevant documentation, including photographs and repair quotes.

What If Oldham Metropolitan Borough Council Rejects Your Claim?

If your claim is rejected by Oldham Metropolitan Borough Council, they may rely on the section 58 defence under the Highways Act 1980. This section allows them to argue that a reasonable inspection and maintenance regime was in place at the time of the incident. However, you do not need a claims management company; instead, if necessary, you can escalate your case to the county court with the help of legal representation.

Sources and References

"Highways Act 1980" - Section 41
Oldham Metropolitan Borough Council website: https://www.oldham.gov.uk/info/200219/roads_and_pavements
"Limitation Act 1980"

Frequently Asked Questions

Who is responsible for maintaining roads in Oldham and what does this mean if I get pothole damage?

Oldham Metropolitan Borough Council is responsible for maintaining roads within its jurisdiction under the Highways Act 1980. This means that if you suffer vehicle damage due to a pothole, you may be able to claim compensation from Oldham Metropolitan Borough Council.

What does the Highways Act 1980 say about my rights regarding potholes in Oldham?

The Highways Act 1980 outlines that highway authorities have a duty to maintain roads. If you encounter a pothole and suffer damage as a result, you can claim against Oldham Metropolitan Borough Council under this legislation.

What evidence do I need if I want to make a claim for pothole damage in Oldham?

To support your claim for pothole damage in Oldham, you should gather photographic evidence of the pothole at the time of the incident, obtain estimates or receipts for vehicle repairs, and keep any correspondence with Oldham Metropolitan Borough Council. It is also advisable to report the pothole to them immediately after the incident.

How can I prove that Oldham Metropolitan Borough Council was negligent in maintaining roads where a pothole caused damage?

To prove negligence on the part of Oldham Metropolitan Borough Council, you must demonstrate that they failed to meet their duty under the Highways Act 1980. This involves showing evidence of the condition of the road at the time and proving that the authority had prior knowledge of the pothole or should have known about it due to its size and visibility.

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