Do local councils have to fix potholes? How to claim and your rights explained

POTHOLES can be an expensive nightmare for drivers - with tyres, wheels and steering likely to be damaged even at the slowest speeds.

But if your motor is damaged by a hole in the road, who is responsible for the damage and stress caused? Here's what you need to know about your rights and the claims process…

1

How do I report a pothole?

Reporting a pothole in England and Wales is very easy and simple.

It can be done via the .

All you have to do is enter the postcode where the pothole is.

If you don't know the postcode you can use the Royal Mail postcode finder which is also on the site to keep things easy.

If the pothole is on a "major road" such as an A road or motorway you have to contact Highways England.

They can be contacted either by email or telephone (0300 123 5000) although details are on the website.

If the pothole is in Scotland you have to report it to the .

For A roads and motorways you have to contact Traffic Scotland, which can be contacted either by email or telephone (0800 028 1414).

For people in Northern Ireland, reporting a pothole can also be done via their where people can stick a pin in a map to show where the pothole is.

Who is responsible for damage to my vehicle?

Responsibility generally lies with the local authority who have a responsibility to maintain all the roads in their area.

You may be able to claim compensation from these authorities if your vehicle suffers damage due to a pothole.

However, if the damage was caused by other debris on the road, you are not entitled to compensation, but you can make a claim with your car insurance provider.

Most councils have different depths by which they define a pothole, often leading to claims being contested.

Most use a minimum 40mm depth as their standard measure, which is about the same as two 20p coins stacked on top of each other.

Other councils have a minimum width, which can vary, but most say 300mm.

Can I make a claim for damage?

It is important to have as much evidence as possible about the pothole and how much damage has been caused before making your claim.

If possible, measure the depth and width of the pothole and note its exact position in the road.

It is also a good idea to place a shoe or other object next to the hole before taking a photograph to act as an easy frame of reference.

Remember – if the incident happened on a motorway, you should not visit the site again or attempt to take any photographs - not only would this be incredibly dangerous, it is also illegal.

In your claim, you must note the time and date of the incident, a full description of what happened, any witnesses’ details, the exact location of the pothole in question, and all the damage to your vehicle with photographs.

Also include copies of all receipts relating to repair work.

While you might be able to claim for the cost of any repairs, it’s important to remember that the relevant highway authority does have a statutory defence.

They can’t be held responsible for a pothole they didn’t know about, either because it hadn’t been reported to them, or because it wasn’t picked up by them during their regular checks.

Martin Lewis says: "Authorities have a legal duty to maintain roads so they're safe for everyone to use. If they don't and your car is damaged, they should help pay the costs to repair it.

"It’s important to understand you can only claim anyway if the authority responsible for the road has been negligent.

"So if a cannon ball drops off a truck, causing a pothole which two minutes later damages your car, you’ve no right to claim - there’s nothing the authorities could’ve done to prevent that."

And whether or not you are making a claim, it is always best practice to report potholes to the relevant authority to ensure roads are kept safe for other drivers.

If your claim for compensation is rejected and you feel this was unfair, you still have the right to take the matter to a small claims court.

But only do this if you think you have a sure-fire win otherwise you may end up paying hefty court costs.