Potholes are a huge problem in the UK. Motorist surveys repeatedly find that as many as nine in 10 drivers have been affected by pothole damage in some way. And, according to the Institute of Advanced Motorists, potholes are the biggest issue facing UK drivers. It’s likely potholes are a factor in the rising popularity of the best SUVs, as well.
Data from the RAC shows the scale of the pothole-related car damage problem. It was called out to 5,978 car breakdowns caused by potholes between July and September of 2023 – the most for that quarter since records began.
The government is at least implementing some measures to deal with the problem, allocating £8.3 billion of funding to local authorities over the next 11 years to repair potholes and roads in poor condition generally. In the meantime, if ever your car is damaged by a pothole, you can make a claim against the responsible authorities. In this guide, we explain how.
Latest news…
The government has announced new measures to crack down on overrunning roadworks in a bid to ease congestion. The plans include extending the current £10,000 per day fine for overrunning roadworks to cover weekends and bank holidays rather than just workdays, while also increasing fines for failure to follow roadwork protocol.
The Department for Transport has pledged to redirect any funding generated from the scheme – which could amount to £100 million over 10 years – back into the repair and resurfacing of roads across the country.
‘After investing an extra £8.3 billion to resurface roads across England, the largest ever increase in funding for local road improvements, this government continues to back drivers with these new measures from our Plan for Drivers,’ Transport Secretary Mark Harper said.
‘Our new proposals seek to free up our roads from overrunning street works, cut down traffic jams and generate up to £100 million extra to resurface roads up and down the country.’
In conjunction with the new measures to crack down on roadworks, the government has also revealed plans to digitise Traffic Regulation Orders (TROs), which include road closures, roadworks and parking space availability, so that motorists can receive them via their sat-nav ahead of time.
What damage can be done by a pothole?
The sharp drop and rough edges of a pothole can do all sorts of damage to a car. They can cause bulges and blisters in tyres, or tear chunks of rubber off them. They can break wheels, they can even loosen or break suspension components.
They can break windows and damage bodywork. A really deep one could even crack open the oil sump at the bottom of the engine, or damage the exhaust and any other components mounted low down or underneath the car.
The latest cars can be particularly vulnerable to damage caused by potholes because they generally have low-profile tyres that provide less cushioning against impacts. An issue compounded by the fact that many cars now have firm, sporty suspension.
What causes potholes?
Potholes usually start to develop around a fissure in the road surface, a weakness in the foundations, or a badly resurfaced repair. The physical weight of the traffic passing over that weak spot gradually causes the Tarmac to break up, opening the pothole. Potholes can also be caused by heavy rain or thawing ice but, again, those forces can only act on an existing weak spot.
The UK isn’t the only country that suffers from potholes, however our roads are particularly susceptible to them. Our frequent wet weather and sharp cold snaps are a factor, as is the sheer volume of traffic. Utilities companies not coordinating repair work doesn’t help either, as it means the roads are dug up more often.
But perhaps the biggest issue is that our roads are often poorly drained and aren’t especially well built in the first place. Many European countries build roads with foundations several times deeper and stronger than those of UK roads, therefore they’re less prone to developing potholes.
How bad is the UK’s pothole problem?
Potholes affect everybody. In March 2022, singer Rod Stewart was filmed fixing the potholes in his street. A month later, an 89-year-old woman who doesn’t even drive stumped up £4,000 to repair her cratered road, after seeing drivers mount the pavement to avoid the potholes, and getting no joy from the property company responsible for road maintenance.
KwikFit commissioned research in 2020 that estimated the annual cost to British motorists for repairing car damage caused by potholes was £1.25 billion. And the 2022 edition of the Asphalt Industry Alliance ALARM report suggested that 83% of claims made against local authorities for car damage caused by roads in England were related to potholes. That’s despite 1.7 million potholes being repaired in 2020/2021 alone.
The roads in certain areas of the country are worse than others. Their condition depends on local authorities funding and what their spending priorities are. No doubt you’ll be well aware of the state of the roads in your area.
How do you make a claim for pothole damage?
Claiming for car damage caused by a pothole isn’t the work of a moment, but it costs very little – if anything – and could reimburse you for the cost of repairs in full. Here’s how you go about it.
Find out who is responsible for the road’s maintenance
Different authorities have responsibility for different types of road. National Highways looks after major inter-city routes likes motorways and dual carriageways. Local councils are responsible for smaller A-roads, B-roads and unnumbered roads, both in towns and in the countryside.
Gather as much evidence as you can
If you think your car has been damaged by a pothole, stop as soon as it’s safe to do so. Write down what happened while it’s still fresh in your memory, then take photos of the damage that’s been done, plus the pothole that you hit.
Also take some wide shots that show your car in relation to the pothole. And get the testimony of any witnesses.
Once you’ve done that, it’s best to call out a breakdown service so they check whether or not your car is still safe to drive.
Get quotes for repairing the damage
Get as many written quotes as possible for repairing the damage. This serves two purposes – you get the best price but also have a written record of the costs that will back up your claim. An engineer’s report describing the damage and giving an opinion on how it was caused can also be valuable evidence.
If you can’t be without your car, you’ll probably have to pay for repairs yourself and treat a claim as recovering the costs. If you have the car repaired through your insurance policy, you may be able to claim back your excess payment.
Notify the authorities
Early in the process, you can report the pothole via the government’s Report A Pothole webpage.
To file a claim for the damage, write a letter or email to the appropriate authority outlining where the damage was caused, exactly what damage was done and what it’s going to cost (or has already cost) to repair. Include any notes and photos you took at the scene, quotes or invoices and engineers’ reports.
What happens next?
The authorities are obliged to reply within 14 days. You’ll usually get a refusal to pay under Section 58 of the Highways Act 1980.
But don’t worry. It’s merely a default response stating that reasonable steps were taken to maintain the road – and that’s the legal point you can appeal against.
Now you have to determine whether the authority fulfilled their Section 58 obligations. Ask them to prove when the road was last inspected and if it was up to standard. Also try to find out if the stretch of road concerned has been a problem area for some time by looking up press and social media reports. This could add weight to your case.
Do you have a case?
If the answers provided by the authorities aren’t up to scratch and you think you have a solid case against them, write back outlining why that’s the case and reiterate your costs.
At that point, the authority will either pay up, make an offer, or leave you pursue them via the small claims court. That made sound daunting, but small claims are relatively easy and inexpensive to make. And most authorities would rather pay up than defend themselves, especially as many don’t have the resources to do so.
How to avoid pothole damage
Sometimes there’s no option but to drive through a pothole, risking damage to your car in the process. But there are some steps you can take to minimise the risk. Always be alert and read the road ahead so you can see potholes coming and plot a course around them, and be particularly vigilant in bad weather.
New potholes are most likely to open up during heavy rain or after a winter thaw, but extreme heat can cause them as well. They often appear from a distance as dark patches or puddles where there wouldn’t normally be any.
Has your car been damaged by potholes? Get in touch with us to let us know if you were successful at making a claim.
