Pothole Damage Claim UK - How to Claim Against the Council

Hitting a pothole can cause expensive damage to your car in a fraction of a second: buckled alloys, split tyres, bent suspension arms, cracked bumpers and knocked-out tracking are all common. The good news is that if the road was poorly maintained, you may be able to recover the cost from the highway authority responsible for it. This guide explains, in plain English, how a pothole damage claim works in England and Wales, what evidence you need, why so many claims are initially rejected, and how to give yourself the best chance of being paid.

This is general legal information and not advice on your individual case. For a free, no-obligation chat about your situation, call MCR Solicitors on 0161 466 1280.

Can you claim for pothole damage to your car?

Yes, in principle. Highway authorities in England and Wales have a legal duty to maintain the public roads they are responsible for. If they fail to do so and a defect such as a pothole damages your vehicle, you can bring a claim for the cost of repairs and related losses.

However, a pothole claim is not automatic. The law gives councils a specific defence (explained below), and a large number of claims are turned down at the first stage. Success usually depends on two things: proving the pothole was genuinely dangerous, and showing that the authority did not have a reasonable system of inspection and repair in place. Understanding both points from the outset is what separates a paid claim from a rejected one.

Who is responsible for the road?

Before you can claim, you need to identify the correct authority. Responsibility depends on the type of road:

• Motorways and major trunk A-roads in England are managed by National Highways (formerly Highways England). In Wales, trunk roads are the responsibility of the Welsh Government, managed through its trunk road agents.
• Most other roads – local A-roads, B-roads, residential streets and country lanes – are maintained by the local highway authority, usually your county council, unitary authority or metropolitan borough (in Greater Manchester, for example, that is your local council).
• Private roads and unadopted roads are not maintained at public expense, and a claim against a council will not succeed. Responsibility may rest with the landowner or a management company.

If you claim against the wrong body your claim will simply be rejected, so it is worth confirming who is responsible. You can usually find out by contacting the local council or checking who manages the road online.

The law behind pothole claims: the Highways Act 1980

Pothole claims in England and Wales are built on the Highways Act 1980.

Section 41: the duty to maintain

Under Section 41 of the Highways Act 1980, the highway authority is under a duty to maintain the highways it is responsible for. A pothole that is deep or wide enough to be dangerous can amount to a breach of that duty. To succeed, you generally need to show that the road was in a dangerous condition and that the danger caused your damage.

Section 58: the council’s statutory defence

The critical provision for most claimants is Section 58. This gives the authority a complete defence if it can prove that it had taken such care as was reasonably required to make sure the road was not dangerous. In practice, this means the council will point to its inspection and maintenance regime: how often the road is inspected, what intervention levels it uses to decide which defects to repair, and how quickly it acts once a defect is found.

This is why claims are so often refused. If the council can show it inspected the road at reasonable intervals in line with its policy, that no dangerous defect was recorded at the last inspection, and that it repaired defects promptly once reported, the Section 58 defence may defeat your claim even though the pothole genuinely damaged your car. The battleground in most pothole cases is therefore whether the authority’s system was reasonable and whether it actually followed that system.

What counts as a “dangerous” pothole?

There is no single legal measurement that automatically makes a pothole actionable, and depth thresholds vary between authorities and between road types. Many councils use intervention levels set out in their own highway maintenance policy, often informed by national guidance such as the Well-managed Highway Infrastructure code of practice. As a rough guide, deeper and wider defects on busier carriageways are more likely to be treated as dangerous, but the key question a court asks is whether the defect presented a real, foreseeable danger to road users – not simply whether it exceeded a fixed number of millimetres. Always record the actual dimensions of the pothole so the danger can be assessed on the facts.

How to make a pothole damage claim, step by step

The stronger your evidence at the scene, the harder it is for the authority to reject your claim. Follow these steps.

1. Gather evidence at the scene (safely)

Only do this if it is safe to stop. Then collect as much of the following as you can:

• Photographs of the pothole from several angles, ideally showing the surrounding road.
• Measurements of the pothole’s width and depth. Placing a ruler, tape measure or a common object (such as a coin or a shoe) next to it helps show scale.
• The exact location – road name, nearest house number or landmark, and the direction of travel. A dropped pin from a maps app is useful.
• Photographs of the damage to your vehicle, including close-ups of tyres, wheels and any leaking fluids.
• The date and time of the incident and the weather and light conditions.
• Witness details if anyone saw what happened.
• Dashcam footage, if you have it – this can be extremely valuable.

2. Report the pothole

Report the pothole to the responsible authority. You can report defects on most local roads and on the strategic network via gov.uk (search “report a pothole”), which directs you to the correct council, or via National Highways for motorways and major trunk roads. Reporting creates a record and helps protect other road users. Keep a copy of your report and any reference number.

3. Keep every repair receipt and cost

Obtain a written invoice or receipt for all repairs. Keep records of related, reasonable losses too, such as recovery or towing charges, a hire car while your vehicle was off the road, and any garage diagnostic fees. You can only recover losses you can prove, so paperwork matters.

4. Submit a written claim to the authority

Write to the highway authority setting out what happened, where and when, the damage caused, and the amount you are claiming, enclosing your evidence and receipts. Many councils have an online form for highway damage claims. Be factual and keep copies of everything.

5. Request the inspection and maintenance records

This is the step most people miss, and it is often decisive. Ask the authority for its inspection and repair history for that stretch of road – when it was last inspected, what was found, its inspection frequency and intervention policy, and any previous reports of the same defect. If they will not provide it voluntarily, you can make a Freedom of Information request. These records let you test whether the Section 58 defence really holds up. If the road was overdue an inspection, or the pothole had been reported before and left unrepaired, your claim becomes much stronger.

6. If your claim is rejected

Do not assume a rejection is the end of the road. Councils frequently reject claims on a standard Section 58 basis, but that defence can be challenged if their records reveal gaps – missed inspections, prior complaints, or a repair that was flagged but not carried out. This is the point at which specialist legal advice is most valuable, and where a solicitor can review the disclosed records, press the argument, and if necessary issue a court claim.

How much can you claim, and what about the small claims process?

You can claim the reasonable cost of putting right the damage the pothole caused, plus reasonable associated losses. Typical heads of claim include:

• Repair or replacement of damaged wheels, tyres, suspension and steering components.
• Wheel alignment and tracking.
• Recovery and towing costs.
• Reasonable car hire while your vehicle was being repaired.
• Any excess you paid if you claimed on your own insurance.

Most vehicle-damage pothole claims are modest in value and, if they proceed to court, are dealt with on the small claims track of the County Court, which is designed for lower-value claims to be resolved without heavy legal costs. The upper limit for the small claims track can change, so check the current threshold on gov.uk before assuming your claim falls within it. On the small claims track you generally cannot recover most of your legal costs even if you win, which is an important practical consideration for smaller claims.

Personal injury from a pothole

Potholes do not only damage cars. Cyclists, motorcyclists and pedestrians can suffer serious injuries. If you were injured because of a dangerous highway defect, you may have a personal injury claim in addition to any claim for damage to your bike or vehicle. Injury claims are assessed differently and can be considerably higher in value, so they warrant early legal advice.

Time limits: do not leave it too late

Strict time limits apply under the Limitation Act 1980:

• For a claim for damage to your vehicle or property, the limitation period is generally six years from the date of the incident.
• For a personal injury claim, the limitation period is generally three years from the date of the injury (or the date you knew it was linked to the defect). Different rules apply for children and for people who lack mental capacity.

Even though these periods sound generous, evidence such as the state of the pothole disappears quickly once the road is repaired, so it is always best to act promptly. If you are unsure which limit applies to you, take advice early rather than risk missing a deadline.

Should you claim on your insurance or against the council?

If the damage is serious you may be tempted to claim on your own motor insurance. Before you do, weigh up the drawbacks: claiming may cost you your excess, could affect your no-claims discount, and might increase future premiums. Because pothole damage is usually the fault of the highway authority rather than the driver, many people prefer to claim directly against the responsible council or National Highways. If you do claim on your insurance first, you can still seek to recover your excess from the authority. A solicitor can help you choose the most cost-effective route.

Why choose MCR Solicitors for your pothole claim

Pothole claims turn on detail: the right authority, the right evidence, and a proper challenge to the council’s Section 58 defence. At MCR Solicitors in Manchester, our personal injury and civil litigation team can review your evidence, identify the correct highway authority, obtain and scrutinise inspection records, and pursue your claim – including any personal injury element – through to settlement or court where appropriate.

To discuss your pothole damage or injury claim with an experienced solicitor, call MCR Solicitors today on 0161 466 1280 for a free, no-obligation initial chat, or contact us through our website.

Frequently asked questions about pothole damage claims

Can I claim against the council for pothole damage to my car?

Yes. If a pothole on a publicly maintained road damaged your vehicle and the highway authority failed in its duty to keep the road in a safe condition, you can claim the cost of repairs. The authority may defend the claim by proving it had a reasonable inspection and maintenance system, so strong evidence and the road’s inspection records are key.

How much does it cost to make a pothole claim?

Many pothole vehicle-damage claims are low in value and are handled through the small claims track, which keeps costs down but also means you usually cannot recover most legal fees even if you win. For larger claims or where you have been injured, the position is different. Speak to a solicitor about the most cost-effective approach for your circumstances; check gov.uk for current court fees and small claims limits.

What evidence do I need for a pothole claim?

Photographs of the pothole from several angles, measurements of its width and depth with something for scale, the exact location, photos of the damage to your vehicle, the date and time, any witness details or dashcam footage, and receipts for all repairs and related costs. The authority’s inspection and repair records for that road are also important.

Why do councils reject pothole claims?

Councils commonly rely on the statutory defence in Section 58 of the Highways Act 1980, arguing they had a reasonable inspection and repair system in place. A rejection is not necessarily the end – if the road was overdue an inspection or the pothole had been reported before and left unrepaired, that defence can often be challenged. This is where legal advice helps.

How long do I have to make a pothole claim?

For damage to your vehicle, the limitation period is generally six years from the date of the incident. For a personal injury caused by a pothole, it is generally three years. Because evidence disappears once the road is repaired, it is best to start your claim as soon as possible rather than wait.

Should I report the pothole even if I plan to claim?

Yes. Reporting the pothole to the council or National Highways – for example via the “report a pothole” service on gov.uk – creates an official record, protects other road users, and can support your claim. Keep a copy of your report and any reference number you are given.

Ready to find out if you have a claim? Call MCR Solicitors on 0161 466 1280 for a free initial consultation.