What are your rights if your car is damaged by a pothole – and will the council pay? Road rules explained
POTHOLES can cause all sorts of chaos for drivers.
But who is responsible for the damage they cause to cars?
Cars can often be left scratched and damaged due to bad roads – and now experts have revealed who should pay up.
Expert Liam Waine, a partner in the dispute resolution team at the leading legal firm of Stephensons, said it largely depends on who is responsible for the maintenance of the road.
He told The Sun Online: “Generally, within England, Scotland and Wales, local roads, B roads and smaller A roads are the responsibility of the local council.
“Motorways, trunk roads and major A roads are the responsibility of Highways England.
“In Greater London, roads listed as red routes are the responsibility of Transport for London.
“Motorways and A roads in Scotland are the responsibility for Traffic Scotland and in Northern Ireland all roads are the responsibility of Dfl Roads.”
Anyone wanting to make a claim would need to show that the relevant authority had failed to keep the roads safe, as laid out under the Highways Act 1980 and any other road maintenance policies local councils or Highways England have in place.
Mr Waine said: “The driver will be seeking to argue that the relevant authority has been negligent in failing to adopt or follow the statutory requirements and/or their own rules or policies.”
In any circumstance though the driver is going to have to provide proof not only the extent of the damage caused but that the damage was caused by a pothole.
To do this, Mr Waine advises that motorists need to get their vehicle to a garage as soon as possible, asking they provide a written report detailing the damage and identifying the cause of it.
He added: “If it is safe to do so, drivers should try and get evidence of the pothole by taking photographs and measurements and also the details of the road in question.”
Any complaint made to a local authority could be rejected by them but this is not necessarily the end of the matter, as further action can be possible.
Mr Waine said: “If any complaint to an authority results in a claim being rejected then a driver may want to make a request for information under The Freedom of Information Act 2000 to the relevant authority for all the evidence and records relating to maintaining the particular road in question.
“This may result in a claim being successful if it can be shown by disclosure of information that the authority did not have an adequate maintenance record which confirms they adhered to statutory duties and their own policies.”
Taking action over a one-off occurrence is likely to be much easier than if a claim is made for wear and tear over a length of time caused by repeatedly driving over a pothole that has not been repaired.
Mr Waine explained that while this is not impossible, the situation is far more complicated.
He said: “There could be an argument that a driver who has knowledge of a particular pothole that has not been repaired to be ‘contributory negligent’ for not avoiding it, if it can be shown it was safe to do so.”
“Again, this will be a question of evidence and every case will depend on its own facts.”
The issue of potholes in roads is a growing problem, not only for motorists, but cyclists as well, with the cost of repairing the damage often running into hundreds of pounds.
AA spokesperson Luke Bosdet told The Sun Online: “Low satisfaction scores among residents show just how irritated they are by the state of repair of their local roads, and the length of time it takes to fix the potholes.
“Councils are under enormous financial pressure, that’s understood. But roads that are safe, don’t wreck vehicles and waste council money in compensation claims and administration, and that don’t send people to hospital or worse have got to be up in the higher priorities of local authority spending.”
Recent public satisfaction figures from 50 councils revealed that just 28 per cent of local residents are satisfied with the speed of repairs to potholes and other damage on roads in England.
It also revealed only 32 per cent are happy with the condition of their road surfaces and 34 per cent are satisfied with the quality of repair to damaged roads – when it gets done.
Overall, just 22 per cent say that on average the pothole count on their local roads can be described as satisfactory.
The plague of potholes can, sadly, cause bigger problems than simply damaging a car or bicycle.
In some cases, it can be the cause of deaths on the road.
Cyclist Jennifer Ann Dyer, 36, died after she was “catapulted” from her bicycle when it hit a pothole.
East Sussex assistant coroner James Healy-Pratt concluded in his report at the end of his inquest on May 12, 2022: “This young lady and mother lost her life due to a collision between her bicycle and a van. That collision was solely and proximately caused by a defective pothole,” adding that her death was “avoidable”.
