Likelihood of getting compensation for pothole damage?
Discussion
Hit a deep pothole yesterday which slightly dented a rim and damaged the sidewall rendering the tyre damaged beyond repair.
I looked up the location and someone had reported the pothole to the local council on the 9th March, the council acknowledged the report but have done nothing about the pothole, no paint etc around it:
I took pics of the pothole and damage and submitted a claim. I just wondered if there is a particular way to go about it in order to win, or will the council just weasel out of it like I've heard from so many people.
I looked up the location and someone had reported the pothole to the local council on the 9th March, the council acknowledged the report but have done nothing about the pothole, no paint etc around it:
I took pics of the pothole and damage and submitted a claim. I just wondered if there is a particular way to go about it in order to win, or will the council just weasel out of it like I've heard from so many people.
I succeeded once - two tyres and a wheel repair.
However, I think that the council needs to have known about the pothole for a number of weeks and failed to fix it for you to be able to claim. If that report was the first time they knew about it, it's probably not long enough.
You don't lose much by trying though.
However, I think that the council needs to have known about the pothole for a number of weeks and failed to fix it for you to be able to claim. If that report was the first time they knew about it, it's probably not long enough.
You don't lose much by trying though.
It was discussed on the radio a while back. If your incident is the first reported then they claim they didn’t know about it and will add it to a list to be repaired - outcome no payout.
If as in your case it’s been reported then they have 30 days to assess and repair. As your case falls within that period they will claim they haven’t had time to fix it yet - outcome no payout.
If it was reported over 30 days ago and they haven’t done anything you might get something.
Maybe a FOI to see if it had been reported sooner, but their records were “incomplete”?
If as in your case it’s been reported then they have 30 days to assess and repair. As your case falls within that period they will claim they haven’t had time to fix it yet - outcome no payout.
If it was reported over 30 days ago and they haven’t done anything you might get something.
Maybe a FOI to see if it had been reported sooner, but their records were “incomplete”?
I tried this years ago with Essex CC. I actually managed to get through to someone in Highways (they keep well hidden now). The bloke said I'd have to prove it. I said that would mean needing to have a camera with GPS constantly pointing at every wheel. He said yes.
Edited by Simpo Two on Tuesday 24th March 11:49
blueg33 said:
Which council. There was an article on the radio last week. Gloucestershire for instance are the worst and pay almost nil compensation.
Our motoring group had a talk from a representative of Gloucestershire Highways & he was actually proud of the county's record on rejecting a very high proportion of claims for damage to vehicles by potholes. Their most common rejection is not knowing about the existence of the pothole. Glosphil said:
blueg33 said:
Which council. There was an article on the radio last week. Gloucestershire for instance are the worst and pay almost nil compensation.
Our motoring group had a talk from a representative of Gloucestershire Highways & he was actually proud of the county's record on rejecting a very high proportion of claims for damage to vehicles by potholes. Their most common rejection is not knowing about the existence of the pothole. At midnight, pitch black, 60mph road, the pothole blew out a front tyre, bent the wheel and tore the sidewall of a rear tyre. They claimed they weren't liable as it was on the scheduled maintenance list. Cost me the best part of £1.5k
Glosphil said:
Our motoring group had a talk from a representative of Gloucestershire Highways & he was actually proud of the county's record on rejecting a very high proportion of claims for damage to vehicles by potholes.
That's a superb case of not knowing one's audience! What a twit.blueg33 said:
They refused to compensate me on a pothole they knew about - they had painted a white line around it.
At midnight, pitch black, 60mph road, the pothole blew out a front tyre, bent the wheel and tore the sidewall of a rear tyre. They claimed they weren't liable as it was on the scheduled maintenance list.
I can understand them trying to dodge if they'd painted a line round it, but 'being on the scheduled maintenance list' doesn't make sense. First, the pothole is there and presenting a hazard, secondly all they'd have to do is put everything on the 'scheduled maintenance list' and be exempt from everything.At midnight, pitch black, 60mph road, the pothole blew out a front tyre, bent the wheel and tore the sidewall of a rear tyre. They claimed they weren't liable as it was on the scheduled maintenance list.
The sad fact is that councils can't afford to pay claims - despite all the money saved from not maintaining the roads properly to start with. It's almost as if they'd spent all their time, money and resources for the last 30 years on speed limits and traffic calming isn't it. Oops.
blueg33 said:
They refused to compensate me on a pothole they knew about - they had painted a white line around it.
At midnight, pitch black, 60mph road, the pothole blew out a front tyre, bent the wheel and tore the sidewall of a rear tyre. They claimed they weren't liable as it was on the scheduled maintenance list. Cost me the best part of £1.5k
The council has had 2 weeks to paint a line around it which I think is a reasonable time frame. Had an email to say they've acknowledged the claim and will take up to 3 months for a response.At midnight, pitch black, 60mph road, the pothole blew out a front tyre, bent the wheel and tore the sidewall of a rear tyre. They claimed they weren't liable as it was on the scheduled maintenance list. Cost me the best part of £1.5k
New tyre fitted anyway at a cost of £110.85. I suspect the pothole will catch a lot of people out because it's right by a junction to turn right, so a lot of people much like myself will be braking and therefore loading up the front tyres while looking at the junction to see if it's clear.
robemcdonald said:
It was discussed on the radio a while back. If your incident is the first reported then they claim they didn t know about it and will add it to a list to be repaired - outcome no payout.
If as in your case it s been reported then they have 30 days to assess and repair. As your case falls within that period they will claim they haven t had time to fix it yet - outcome no payout.
If it was reported over 30 days ago and they haven t done anything you might get something.
Maybe a FOI to see if it had been reported sooner, but their records were incomplete ?
Is OP absolutely sure it was that pothole? Could it have been one a little further up the road that has been reported in February? If as in your case it s been reported then they have 30 days to assess and repair. As your case falls within that period they will claim they haven t had time to fix it yet - outcome no payout.
If it was reported over 30 days ago and they haven t done anything you might get something.
Maybe a FOI to see if it had been reported sooner, but their records were incomplete ?
Simpo Two said:
I tried this years ago with Essex CC. I actually managed to get through to someone in Highways (they keep well hidden now). The bloke said I'd have to prove it. I said that would mean needing to have a camera with GPS constantly pointing at every wheel. He said yes.
I succeeded once with them but it's very different with Essex CC now, you have very little chance (IMO). Edited by Simpo Two on Tuesday 24th March 11:49
They have forms seemingly designed to waste your time and put you off claiming.
Then they basically reply, "no we inspected it and according to our risk matrix it's fine". Then you say "how can it be fine when it punctured my tyre, dinged the wheel and broke my suspension spring?" and they just refer you back to the results of the inspection.
Why do councils get time to find out about a pot hole being a danger but when someone on a building site etc would be liable for damage or injury to the public the second something went wrong. Its not as if those massive pot holes spring up overnight, they start off small and grow with every passing vehicle over the weeks, councils have plenty of time to check the roads and repair before they get that big.
Yes I know its the money right, they haven't got any so we just have to lump it......Hang on I might just have found a potential source for the funds in my area.
Trafford Council is committing significant funds to reach net-zero by 2038, with a major £1.2 billion strategy to decarbonize Trafford Park through heat networks and low-carbon technologies. Key investments include over £120m for retrofitting public buildings and millions for electric vehicle infrastructure, while £20m is being invested in sustainable leisure centre transformations
Yes I know its the money right, they haven't got any so we just have to lump it......Hang on I might just have found a potential source for the funds in my area.
Trafford Council is committing significant funds to reach net-zero by 2038, with a major £1.2 billion strategy to decarbonize Trafford Park through heat networks and low-carbon technologies. Key investments include over £120m for retrofitting public buildings and millions for electric vehicle infrastructure, while £20m is being invested in sustainable leisure centre transformations
Milton Keynes Labour Council are crowing about fixing 6000 potholes next year.
Its a reasonable sized area, but assuming 6000 potholes spread over, say, 300 working days equates to 20 per day.
I could prolly do that myself given the quality of the work. Here is one that i took a photo after a week of being 'fixed'. Muppets.
Its a reasonable sized area, but assuming 6000 potholes spread over, say, 300 working days equates to 20 per day.
I could prolly do that myself given the quality of the work. Here is one that i took a photo after a week of being 'fixed'. Muppets.
Have a read here - I got reimbursed for a tyre from West Sussex CC in a very similar situation (WSCC were evidently aware of the pothole and hadn't fixed it): https://www.pistonheads.com/gassing/topic.asp?h=0&...
Funk said:
Have a read here - I got reimbursed for a tyre from West Sussex CC in a very similar situation (WSCC were evidently aware of the pothole and hadn't fixed it): https://www.pistonheads.com/gassing/topic.asp?h=0&...
I have been in contact with West Sussex CC over the past four months about damage to a car in our family. They have now confirmed they have suspended the option to claim for damage due to the number of false claims .The area I reported is not repaired, currently it has a road cone in the hole and I reported the hole in November of 2025.
There was a case in March 26 where a chap used section 56 of the highways act to force a council to repair holes.
Ie he took them to court and a judge agreed.
This isn't the part to get compensation though - just get the repair done.
I've also seen a few articles suggesting that councils can no longer rely on their "reasonableness" defence of road maintenance (to defend against repair costs) when their maintenance schemes are demonstrably not fit for purpose.
However I can't seem to see anything that's gone to court yet, so it could just be random facebook ai nonsense.
Ie he took them to court and a judge agreed.
This isn't the part to get compensation though - just get the repair done.
I've also seen a few articles suggesting that councils can no longer rely on their "reasonableness" defence of road maintenance (to defend against repair costs) when their maintenance schemes are demonstrably not fit for purpose.
However I can't seem to see anything that's gone to court yet, so it could just be random facebook ai nonsense.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff