How Do You Claim for Pothole Damage In The UK?
You claim for pothole damage by reporting the pothole to the responsible road authority, gathering evidence of the damage, and submitting a formal claim for compensation.
UK councils pay out millions in pothole damage claims every year, but most claims are rejected because drivers don’t gather enough evidence or don’t know which authority to contact.
Below we cover what kind of damage qualifies, who’s responsible for the road, how to build a strong claim, and when it makes more sense to claim through your car insurance instead.
Most pothole claims fail because drivers lack evidence. Photograph the pothole with something in it to show depth, photograph your damage, note the exact location, and submit a Freedom of Information request to check when the council last inspected that road. If they knew and didn’t act, their defence collapses.
Get a fully comprehensive car insurance quote as a fallback while you wait on the council.
- What kind of damage can you claim for?
- Who is responsible for the road where the pothole is?
- How do you prove the pothole caused the damage?
- How do you submit a pothole damage claim?
- Should you claim through your insurance instead?
- What happens if your pothole claim is rejected?
- Frequently asked questions (FAQs)
What kind of damage can you claim for?
You can claim for any vehicle damage directly caused by a pothole, including tyre blowouts, buckled alloy wheels, broken suspension springs, and steering misalignment.
Common types of pothole damage
Tyres and wheels take the worst of it. A sharp pothole edge can slice a tyre sidewall or crack an alloy rim on impact, and neither can be repaired safely.
Suspension damage is harder to spot. If your car pulls to one side or the steering feels loose after hitting a pothole, the springs, shock absorbers, or tracking may need replacing.
| Damage type | Typical repair cost | Can it be repaired? |
| Tyre blowout | £60-£150 per tyre | No, replacement only |
| Buckled alloy wheel | £80-£150 per wheel | Sometimes, depends on severity |
| Suspension spring | £150-£350 per corner | No, replacement only |
| Steering misalignment | £100-£200 | Yes, realignment |
| Bodywork / exhaust | £100-£500+ | Varies by damage |
What about personal injury?
Cyclists, motorcyclists, and pedestrians can also claim for injuries caused by potholes. The process is the same, but injury claims are usually handled by a solicitor on a no-win, no-fee basis.
Who is responsible for the road where the pothole is?
The authority you claim against depends on the type of road. Local councils maintain most roads in England and Wales, but motorways and major A-roads are managed by National Highways.
England
Your local county or unitary council is responsible for local roads, B-roads, and minor A-roads. National Highways manages motorways and major trunk roads.
Scotland, Wales, and Northern Ireland
In Scotland, Transport Scotland handles trunk roads while local councils cover the rest. In Wales it’s the Welsh Government for trunk roads and local councils for everything else.
In Northern Ireland, the Department for Infrastructure manages all public roads.
How to find the right authority
The quickest way is to report the pothole on GOV.UK, which routes your report to the correct council automatically based on the location.
How do you prove the pothole caused the damage?
Your claim depends entirely on the quality of your evidence. Councils reject most claims because the driver can’t prove the pothole existed, how big it was, or that it caused the specific damage.
Photograph the pothole and the damage
Take photos of the pothole from several angles, with a ruler, coin, or pen placed inside it to show the depth. Then photograph the damage to your vehicle, including close-ups and wider shots.
Record the location and date
Note the exact location (road name, nearest house number, or GPS coordinates), the date, and the time. If your dashcam caught the impact, save the footage immediately.
Get a repair estimate
Ask a garage for a written quote that links the damage to a sudden impact rather than general wear and tear. Two independent quotes strengthen your case.
Check whether the pothole was already reported
Submit a Freedom of Information request to the council asking when the pothole was last reported and when the road was last inspected. If the council knew about it and didn’t fix it, your claim is much stronger.
How do you submit a pothole damage claim?
Start by reporting the pothole, then send your claim to the responsible authority with all your evidence attached.
Step 1: Report the pothole
Use the GOV.UK pothole reporting tool or your council’s own website. This creates a formal record that the defect exists.
Step 2: Write to the Council
Send a letter or email to the council’s highways department. Include the date and location of the incident, a description of what happened, photos of the pothole and vehicle damage, your repair quotes, and a clear statement of the amount you’re claiming.
Step 3: Reference the Highways Act
Under Section 41 of the Highways Act 1980, the highway authority has a duty to maintain roads. If the pothole was reported or should have been found during routine inspections, the council may be liable.
Councils can defend a claim under Section 58 of the same Act by proving they had a reasonable inspection schedule. This is why your FOI request matters, because it tests whether those inspections actually happened.
Should you claim through your insurance instead?
If the repair cost is high and you need to get back on the road quickly, claiming through your own fully comp insurance may be faster than waiting months for a council decision.
When insurance makes sense
Council claims can take three to six months, and many are rejected. If your car is undriveable and you need it for work, an insurance claim gets repairs started within days.
When it doesn’t
An insurance claim counts as a fault claim and may increase your premium at renewal. If the damage costs less than your excess, the claim won’t pay out at all.
Check your policy renewal date before deciding, so you know when any premium increase would kick in.
Can you claim from both?
Yes, you can claim through your insurer to cover immediate repairs and then pursue the council for reimbursement. If the council pays out, you can refund your insurer and protect your no-claims discount.
What happens if your pothole claim is rejected?
A rejection isn’t the end. Most councils reject the first claim using a standard Section 58 defence, but you can challenge it.
Appeal the decision
Write back asking for the specific inspection records that support their defence. If the council can’t produce them, the Section 58 defence falls apart.
Escalate to the Ombudsman
If the council won’t reconsider, you can complain to the Local Government and Social Care Ombudsman. The ombudsman investigates whether the council handled your claim fairly.
Take it to small claims court
For claims up to £10,000 in England and Wales, the small claims track keeps legal costs low. You don’t need a solicitor, and the court fee starts at £35 for claims under £300.
Frequently Asked Questions (FAQs)
There’s no fixed deadline for claiming against a council, but you should submit your claim as soon as possible while the evidence is fresh. For court action, the limitation period is six years for property damage or three years for personal injury.
No, private roads are not maintained by the council or any highway authority. The landowner is responsible, so you’d need to claim against them directly.
Only fully comp insurance covers damage to your own vehicle from potholes. Third-party, fire and theft policies do not cover damage to your own car.
Section 58 of the Highways Act 1980 allows councils to avoid liability by proving they had a reasonable system of road inspections in place. If they can show the road was inspected recently and the pothole wasn’t there, your claim is likely to fail.
There’s no legal minimum depth, but most councils use 40mm as their intervention threshold. A pothole shallower than 40mm is unlikely to result in a successful claim unless you can prove it caused clear damage.
Yes, but it’s harder to prove your case without a contemporaneous report. Report the pothole on GOV.UK as soon as you can, even after the event.
You can claim the full cost of repairs, hire car charges, and any other losses directly caused by the pothole. Most successful claims are between £100 and £500 for tyre and wheel damage.