How to get your council to pay up if your car is damaged by a pothole: The simple steps to follow as it’s revealed Britain’s roads are the worst they’ve been for five years

Pothole damage to cars has hit a five-year high – and racked up a total repair bill of at least £474 million last year. But with only one in four claims demanding councils foot the repair bill being successful, how can you fight back?

Edmund King, president of the AA, says: ‘If you are willing to be tenacious it is worth seeking compensation.’

The first step is to take details of the event. You need to note the date and time of when you hit the pothole and its exact location. Ideally, if it is possible, take a photograph of the crater using your mobile phone and include this with tape measurements of the crater. If you cannot take photos there and then return later if you find the opportunity. A pothole needs to be 2ins deep to be termed a pothole by councils.

Councils often try to avoid paying compensation by claiming you are the first to have reported a problem

Next, go to a garage and get it to provide a written repair quote. Take photos of any damage, to be included with the claim for compensation. You also need to visit websites such as Fix My Street or Fill That Hole to see if others have also reported a fault in the road where the car got damaged.

Councils often try to avoid paying compensation by claiming you are the first to have reported a problem – but if others have too you have a much stronger case.

RAC spokesman Simon Williams says: ‘The chances of being successful in claiming compensation will significantly depend on whether the pothole has already been reported. Councils have a statutory defence in that they cannot be held liable for a defect they are not aware of.’

Armed with all this information you are then ready to make the claim. You should be able to download or fill in a claims form from your local council website. Citizens Advice and your library can help if unsure about who to contact.

If the damage was done on a motorway, then it is National Highways you should be contacting – and not a local authority. Williams says: ‘If your claim is rejected you may consider going to small claims court.’ When making a claim there is a minimum application fee of £35 – that can be reclaimed if successful in a demand for compensation.

The AA received 632,000 call-outs last year for vehicles damaged by road defects – which was up 16 per cent on the previous year. Most suffered punctures or blowouts costing at least £100 to fix but other damage caused by hitting a road crater, such as breaking the car’s suspension, cost £1,000 or more to repair. 

Some two million potholes  will pop up on our roads this year, and they are caused by freezing wet weather and council cuts to road repairs.

Law firm Lime Solicitors says local authorities have been forced to give out more than £30 million in compensation over the past five years to motorists injured by potholes.

While the majority are for problems such as neck injuries, fatalities also occur. Research by campaign body Motorcycle Action Group has found on average four motorcyclists a year die due to poor road maintenance – with a further 70 suffering  life-changing injuries.

The AA joined forces on Monday with other groups – including the British Motorcyclists Federation, the National Motorcyclists Council, British Cycling, advanced motorist organisation IAM RoadSmart and vehicle manufacturer JCB to form the new action group Pothole Partnership – demanding that road repairs are made more permanent.

Some two million potholes will pop up on our roads this year

The Government has pledged £8.3 billion over the next 11 years to help local councils fill craters – which it believes is enough to plug more than 10million holes. But the trade body Asphalt Industry Alliance believes £ 12.6 billion is required if we are to repair all damaged roads in Britain.

CYCLISTS HATE POTHOLES TOO

It’s not just drivers that hate potholes. Cyclists also run the risk of damaging their bicycles and sustaining severe injuries if knocked off after hitting a crater.

If that happens, you can seek compensation for personal injury and property damage but it is not always clear who is responsible for the incident.

Manchester-based law firm Fletchers owns Cycle SOS, which offers cyclists legal assistance.

Lena Farnell, legal team leader at Cycle SOS, says: ‘The responsibility of the repair of potholes lies with the local Highways Authority. This will usually be a county, city or borough council. However, councils do not have a duty to immediately fix every defect in the road, as it could be that they were unaware of the problem. Each council follows their own set of guidelines in relation to pothole repairs and the exact protocol can vary.’

To have the highest chance of a successful claim, it is vital that you collect as much evidence as you can to back up your claim.

Charity Cycling UK advises that after making yourself safe, take a photograph of the pothole and include a landmark in the photo so an authority can’t dispute its location.

You should also measure the length, breadth and depth of the pothole, taking a photo of a ruler or a prop to show the size. Take photos of any injuries to your body and any damage to your bike.

Also note when and where the cycling pothole incident occurred and get statements from any witnesses.

You are not required to report the pothole, but doing so will make it safer for other cyclists. You can do this via www.gov.uk/report-pothole.

You can file a fast claim form and send it to the authority responsible or instruct a specialist solicitor to help you with your pothole claim. Cycle SOS says most of its cyclist pothole claims are funded through a no-win no-fee agreement.

However, insurance may cover any professional fees if you decide to claim for damage following a pothole collision.

Bicycle insurance from Aviva, for example, offers cover for legal expenses up to £50,00 as an optional add-on. This can be used if you are pursuing a local authority for damage to your bike.

But you may also be able to claim for damage to your bike on your insurance or with specialist insurers such as Cycle Plan Bicycle. It offers bicycle insurance that can help cover the cost of repairs and replacements to your damaged bike.