Potholes are a huge problem in the UK, but there’s good news from the 2024 Autumn Budget. The Chancellor Rachel Reeves has confirmed an additional £500 million to help tackle the state of the UK’s roads – £180 million more than the manifesto promised.
Drivers will be cheered by the news, especially anyone who’s had their car damaged by road damage. The tagline for the Budget is ‘fixing the foundations to deliver change’, so tackling the state of the roads seems like a good starting point.
Finances for these repairs are being funded by deferring the A27 bypass in Sussex. Louise Haigh, Secretary of State for Transport, previously said: ‘For too long, this country has suffered from a pothole plague. Our roads have become a constant and visible reminder of the decline in our country’s infrastructure, which stunts economic growth.’
AA President Edmund King said: ‘The government knows that all road users are fed up with potholes and has the opportunity to make a step change in the spiral of decline by adopting and advocating measures to permanently fix the problem rather than the past patchwork approach.’
The scale of the pothole problem
Motorist surveys repeatedly find that as many as nine in 10 drivers have been affected by pothole damage in some way, so any extra investment in this is very welcome news. And, according to the Institute of Advanced Motorists, poor road conditions remain the biggest concern facing UK drivers. It’s likely pothole damage is a factor in the rising popularity of the best SUVs, as well.
Research from RAC recently revealed that more than a quarter of drivers (27%) say their vehicle has suffered damage as a result of potholes in the past 12 months. This figure rises to 32% if you live in a rural area.
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 pothole damage 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.
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?
The UK pothole problem is worsening, with a growing impact on motorists nationwide. In 2024, the annual cost for repairing car damage caused by potholes reached over £1.5 billion, up from £1.25 billion in 2020, according to the latest Asphalt Industry Alliance report. Despite over 1.9 million potholes being repaired in the previous year, around 80% of claims against local authorities for vehicle damage still relate to poor road conditions.
The situation varies across regions, as local council budgets and priorities significantly affect road maintenance, leading many drivers to face a constant struggle with deteriorating surfaces.
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 in the first place
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.
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