Claiming for Pothole Damage to Your Car (UK)

A jarring pothole can wreck a tyre, buckle a wheel, or damage your suspension. The authority responsible for the road may have to pay — but they will not make it easy. Here is how to claim successfully.

Who is responsible

Most roads are maintained by the local council; major A-roads and motorways by National Highways (or the devolved equivalent). They have a legal duty under the Highways Act 1980 to maintain the road — but they have a defence if they can show they had a reasonable inspection and repair system in place.

Gather evidence at the scene (safely)

• Photograph the pothole with something for scale, and its location.
• Note the date, time, exact location, and road conditions.
• Get repair quotes/invoices for the damage and keep the damaged part if possible.
• Report the pothole to the authority (this also helps the next driver).

The key tactic: ask for inspection records

Before or alongside your claim, make a request for the authority's inspection and maintenance records for that stretch of road. If they cannot show timely inspections and that the defect was reported but not repaired in a reasonable time, their statutory defence weakens — and your claim strengthens.

A claim letter template

Dear [Council / Highways authority],

Re: Pothole damage claim — [location], [date/time]

My vehicle was damaged by a pothole at the above location, measuring approximately
[size]. I enclose photographs and repair costs of £[amount]. Under the Highways
Act 1980 you have a duty to maintain the road.

Please settle my claim. I also request your inspection and repair records for this
location for the [12] months before the incident.

Yours faithfully,
[Your name and contact details]

If the authority rejects you on the "reasonable system" defence, the inspection records are your best counter — and the small claims court is well used to pothole cases backed by photos and quotes.