Most car pothole damage claims are denied. Here’s how to get yours paid out
1. Gather the evidence
If you are a motorist wanting to make a claim for a repair bill for damage related to a pothole, or a cyclist making a claim for damage or personal injury after hitting one, the first thing you should do is note where the pothole is located, the time and date of the incident, and take a photo of the pothole.
A hole must be at least 5 cm deep to be considered a hole in the eyes of the municipality.
And it’s not just the depth and size of the hole that municipalities will try to use to refuse to pay out compensation.
Local authorities can defend a claim if they successfully argue that the pothole did not pose an obvious hazard – or if they were unaware of it, despite having a reasonable system of inspection and repair.
To increase your chances of a successful claim, it is will help show whether the pothole was an obvious hazard or not.
Where possible, take photos on site, in case the council repairs the pothole before you can return to take them.
If you did not do this at the time of the incident, you can return to the scene to take photos.
You should also take a photo of the damage the pothole caused to your vehicle (or to your person, if you were injured).
If possible, take your car to a garage and ask for a written mechanic’s report for the expected costs to fix the problem caused. If your engine is no longer drivable, call a reputable repair center and ask for a quote.
2. Find out who is to blame
In order to claim compensation, you must first know who must pay for the damage.
If the pothole is on a motorway or main road, there is a good chance it is a National Highways (formerly Highways England) problem.
For local roads you must investigate which municipality is responsible.
Once you have identified the party you need to contact, request a copy of the highway maintenance schedules and the number of incidents reported on the road in question over the past 14 days as evidence that the road has not been properly maintained or that there is a pothole in the road surface. t addressed.
3. Make the claim
You will need to make a formal claim with your local authority or national highways authority and most responsible parties will have a template that you can request from them.
4. What to do if you do or do not receive a compensation offer
After you file the claim, you should be notified whether damages will be awarded.
You can still reject the bid value if you believe it is not sufficient, especially if you have evidence that the pothole has already been reported but the responsible party has not acted to correct the problem.
If the municipality refuses compensation, you can seek legal advice or take a case to court.
However, this can be a time-consuming process and is probably only worth it if the repair costs are significant.
5. Last option: file a claim through your insurance
If you have comprehensive coverage, you can claim the pothole damage on your insurance policy.
However, it’s worth considering the cost of the damage, your excess payments and whether this action will affect your no-claim bonus.