How to claim for pothole damage

16 June 2010 11:32:33

Winter 2009 left Britain's roads riddled with potholes.

Potholes caused misery over the winter months, with more than 1.6m forming on the UK's roads thanks to the harsh weather. Councils have filled in hundreds of thousands of the holes, but the nation's highways are still strewn with dangerous breaks in the tarmac. With new figures showing that just one in nine drivers who sought compensation for damage caused by motorway potholes over the past year were triumphant, motoring expert Honest John has provided advice on how to increase the chances of success.

The state of Britain's roads

Potholes tend to form in cold weather, when cold water seeps into cracks in the road and expands when it freezes. This causes the surface to break up, leaving deep holes which can be dangerous for motorists, cyclists and pedestrians alike. According to the latest Annual Local Authority Road Maintenance (ALARM) survey, the extreme weather of winter 2009 led to a massive rise in the number of potholes. The survey, which collates information from local authority highways departments in England and Wales, found that there had been a 40% increase in the number of potholes. It also estimated that it would take at least 11.5 years to complete the backlog of repairs at the current funding level.

Poor rate of compensation success

Motorists who damage their vehicles by driving through a pothole may initially rely on their breakdown cover to get them safely to a garage, but standard policies do not usually pay out for repairs. One option is to claim compensation from the Highways Agency, which is responsible for maintaining motorways and trunk roads, or the local council. However, new figures show that the majority of such claims are unsuccessful.

According to statistics obtained via a Freedom of Information request, just one in nine drivers who sought compensation for damage caused by motorway potholes over the past year was successful. For instance, a total of 49 claims were submitted for damage incurred on the M1, but just five motorists received any payment.

A spokesman for the Highways Agency insisted that it thoroughly investigates all compensation claims. "It is for the driver to provide evidence that damage was caused to their vehicle by a pothole," he revealed. "If maintenance records show that the road was properly maintained and there is no evidence of a defect, then it is right that we deny the claim."

Increasing your chances

While the prospects of securing compensation may seem bleak, independent consumer motoring expert Honest John has published some tips which may help drivers to make a successful claim. Most importantly, the website explains that motorists will usually only have a legitimate claim if the council was aware of the relevant pothole before their car was damaged. To check whether this is the case, drivers can visit fixmystreet.co.uk or potholes.co.uk, where they will be able to find out whether or not the pothole had been reported.

Honest John also advises motorists to report any potholes they spot via the same two websites, which pass the information on to the relevant authority. The pothole should then be repaired within a matter of days. If it is not and further damage is caused to vehicles, then the council is responsible.

"Evidence suggests that cases are being rejected where a driver can't prove that a pothole was the source of the damage," a spokesman for Honest John confirmed. "Therefore, it is imperative that the driver goes through the proper channels to report the poor road conditions to the relevant council if they are going to be successful with their claim."

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