How to claim for pothole damage on your car and who is responsible?
With a whopping £200 million being allocated in the Budget to fixing the UK’s potholes – on top of the £500 million already allocated – potholes are suddenly a hot topic.
Especially as for many people, they’re not a major priority in a cost of living crisis.
The pothole problem has been made worse by the winter freeze, with cars suffering burst tyres, damaged alloys and cracked wheel arches – let alone the life-changing injuries they can cause cyclists.
Last November, the AA recorded an extra 225 breakdowns due to potholes in just one month.
According to the government, the extra money should mean that four million additional potholes can be fixed, saying: ‘Better roads enable faster and safer journeys for all users, contributing to productivity gains.’
But what exactly are potholes and how are they formed?
And can you claim compensation if your car is damaged by one?
Spring budget 2023: Key points
- Seven key takeaways from today’s Budget
- Energy price guarantee to remain at £2,500 for the next three months
- 30 hours of free childcare for every child over the age of 9 months
- Pension changes coming in 2023 – from payment rises to tax cuts
To get the latest from the budget announcement visit Metro.co.uk's Metro's Budget news hub.
Here’s what you need to know.
What is a pothole are how are they formed?
Potholes are ‘a menace to road users,’ according to the RAC.
The organisation’s tongue-in-cheek guide to potholes explains the different types – from the ‘Great British Pothole’ (your classic circular hole in the road) to ‘The Sniper’ – one that’s hard to spot until you hit it.
Let’s not forget ‘The Alcatraz’ – a pothole or cluster of them so called because there’s no escaping them due to their size, location or number.
Potholes are caused when water seeps through the surface of the road. When this freezes, it expands, cracking and damaging the road surface. In time, the weight of traffic will break up the road, causing a pothole.
Check out Shropshire Council’s graphics to see how potholes develop.
How can I report a pothole?
The RAC has teamed up with FixMyStreet to enable pothole reporting.
You can enter the postcode or street name here to begin your report, or you can do so direct on the National Highways site.
If you prefer to phone, call National Highways on 0300 123 5000.
Cyclists can check pothole locations and report them at Fill That Hole.
How can I claim for pothole damage?
The RAC says that if your car is damaged by a pothole, you may be able to claim compensation – but the chances of being successful ‘will significantly depend on whether the pothole has already been reported.
‘This is because councils have a statutory defence in that they cannot be held liable for a defect they are not aware of – either because it has not been reported to them or it has not been picked up their own system of inspection and maintenance.’
That’s another good reason to report potholes.
If your car is damaged by a pothole, take photographs of the damage and keep copies of receipts for any repairs.
Here’s who the RAC advises you to contact to claim:
- On a major A-road or motorway in England, contact Highways England on 0300 123 5000 or by emailing info@highwaysengland.co.uk
- On a major road or motorway in Scotland, find the right authority on the Transport Scotland website
- On a major road or motorway in Wales, contact Traffic Wales on 0300 123 1213 or contact@traffic-wales.com
- On a major road or motorway in Northern Ireland, contact the Department for Infrastructure
- On any other road, contact the council that is responsible for the road. You can look up the relevant council at the GOV.UK website
You can also try your insurance company if your cover is fully comprehensive.
The RAC says: ‘In your claim, tell them about the issue and, if they believe you have a valid claim, they will normally send you a damage report form. You will then have to fill the form in and send it to the address on the form.’
Cycling UK has detailed advice for cyclists on claiming – including the use of no win, no fee solicitors.
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