Pothole claims

Pothole claims
How to claim for pothole damage

You encounter a pothole, and a dreadful clunk follows – your car is damaged, and repairs will be costly. The authority responsible for the road is legally obligated to keep it in good condition, and if they fail, they should cover the repair costs. In 2023, pothole-related vehicle damage reached a five-year peak, costing drivers an enormous £474 million, according to new data from the AA. Our detailed guide will help you claim compensation.

Reclaiming for pothole damage – what are the issues?

If you’ve encountered a divot or crack that has damaged your car, filing a claim can seem intimidating, and many drivers are unsure where to begin. However, if the authority responsible for road maintenance failed to do their job properly, you might be able to successfully claim the full cost of repairs.

You can only make a claim if the authority was at fault. Potholes are unavoidable, especially in winter, so the crucial question is whether the authority could and should have repaired it before your car was damaged.

Reporting a pothole is a civic duty. If the authority was negligent and didn’t perform the necessary checks, claiming for repairs can exert pressure on them to maintain the road in a safe condition. However, keep in mind that this involves taxpayer money, and in the short term, these claims can strain local councils. You’ll need to decide for yourself what the right course of action is.

Our usual campaigns focus on reclaiming money you’ve wrongly paid, not on damages, which this guide addresses. A culture of seeking compensation can be harmful, especially when taxpayers bear the cost, so we need to be cautious.

Nevertheless, authorities are legally obligated to keep roads safe for everyone. If they fail to do so and your car gets damaged, they should help cover the repair costs.

It’s crucial to understand that you can only make a claim if the authority responsible for the road has been negligent. For instance, if a cannonball falls from a truck and creates a pothole that damages your car two minutes later, you cannot claim compensation because the authorities couldn’t have prevented it.

Even if you’re eligible to claim, you face a decision. Some believe that seeking compensation takes away funds needed to fix roads, while others argue that claiming encourages authorities to improve roads to avoid future claims.

Due to significant user interest in understanding pothole rights, we’ve created this guide to provide information in a responsible, non-aggressive, and user-friendly manner. It’s up to you to decide whether to utilize this information.

Pothole claims – the need-to-knows

Before you proceed with filing a claim, it’s essential to read the following information. It’s crucial not to overlook this step, as it contains important details about eligibility and the necessary actions to take prior to submitting your claim.

1 – A pothole is a road defect that causes an immediate risk or hazard – and usually needs to be at least 4cm deep

Potholes typically form when water infiltrates the road surface, freezes, and subsequently expands, creating gaps that eventually turn into large holes.

For a hole to be classified as a pothole, it generally needs to be at least 40mm deep, which is roughly the height of two stacked 20p coins. If the hole you encountered isn’t that deep, you can still file a claim, although it might be more challenging.

If your vehicle has been damaged by a different type of road defect, such as loose pavement, you might still have grounds for a claim by following the detailed process outlined below. However, your success will depend on how the responsible authority categorizes the road defect.

2 – You need to prove it was the pothole wot dunnit

Encountering a pothole typically results in harm to a vehicle’s tires, wheels, or axles, and it’s usually apparent right away that there’s an issue.

To seek compensation for the damage, you must demonstrate that the pothole was the direct cause. This means showing that the repairs you’re paying for are specifically due to your encounter with the pothole. Request a written statement from your mechanic to support this claim.

If your car already had an existing issue that was exacerbated by the pothole, you can still file a claim, but you won’t be reimbursed for the entire repair cost.

3 – Check who’s responsible – then report it

Immediately after encountering a pothole, it’s crucial to alert other drivers. Reporting the pothole, regardless of whether you plan to file a claim, contributes to road safety (and if you decide to file a claim later, it demonstrates that you fulfilled your civic responsibility).

Even if you believe you won’t be eligible for compensation after hitting a pothole, always report it. It’s essential to exert pressure on the authorities to address these issues. Reporting isn’t just about imposing financial consequences when repairs aren’t made; it’s about ensuring they are aware of the road conditions.

Various authorities are responsible for maintaining different types of roads, so it’s important to know who to contact. The table below indicates the responsible parties for each type of road. To find out what road you’re on, first check the road name on a map or sat-nav. If you’re still stuck, you can contact Highways England for help.

When you call up the relevant company, ask if claim forms can be sent to you, or if you can download them online.

How to report a pothole
AREA AND TYPE OF ROAD	WHO’S RESPONSIBLE	HOW TO REPORT THE POTHOLE
England, Scotland, Wales – local roads, B roads, smaller A roads (1)	Council	Call the council or report via its website. For England & Wales, you can find the council by postcode on the Gov.uk website. For Scotland, check the Mygov.scot website.
England – Motorways, trunk roads (major A roads) (1)	Highways England	Email info@highwaysengland.co.uk or call 0300 123 5000
Greater London – Roads listed as ‘red routes’	Transport for London	Report it on the Transport for London website or call 0343 222 1234
Scotland – Motorways, A roads	Traffic Scotland	Report it on the Traffic Scotland website or call 0800 028 1414
Northern Ireland – all road types	DfI Roads	Report it on the NI Direct website or call 0300 200 7899
(1) Broadly speaking, councils take care of smaller A roads and Highways England looks after major A roads, although it’s impossible to say categorically and exceptions apply. Check Highways England’s network map to see the roads it’s responsible for.

 

4 – You can claim if your vehicle’s damaged and the authority responsible for the road failed to properly maintain it

In the UK, highway authorities and agencies have a legal duty to ensure roads are maintained to a safe standard, which includes repairing potholes.

While there isn’t a specific law addressing claims for pothole damage, there are regulations mandating that authorities keep the roads safe. When making a claim, you will argue that the authorities have neglected this responsibility.

• In England and Wales, the relevant legislation can be found in Parts 42-58 of the Highways Act 1980.
• In Scotland, it’s Part 1 of the Roads (Scotland) Act 1984.
• In Northern Ireland, it’s Article 8 of the Roads (Northern Ireland) Order 1993.

For most pothole claims, there’s a step-by-step procedure you can follow. But if your claim’s unsuccessful, the last resort is to go to the small claims court – except in Northern Ireland, where there is an ombudsman.

5 – If you’ve hit a pothole, consider telling your insurer

While this guide focuses on how to claim compensation for pothole damage from the responsible authority, it’s also important to think about filing a claim with your car insurance provider. Even if you choose not to claim through your insurance, or you only have third-party coverage, you should consider whether to inform your insurer.

• Should I claim on my insurance?

It’s clear that filing a claim with your car insurance is generally simpler than seeking compensation from the entity responsible for road maintenance, and it doesn’t involve making a claim against taxpayer funds. However, it’s important to consider the expense of the damage, your deductible, and any potential impact on your no-claims bonus.

Remember that you cannot make claims through both channels—if you pursue a claim with your car insurance, attempting to claim compensation from the responsible party would be redundant. Any compensation received from the responsible authority would, due to a legal technicality, be redirected to your insurer.

• Should I notify my insurer otherwise?

Insurance companies recommend that drivers inform them right away if they experience damage from potholes, even if they do not plan to file a claim. Typically, you will have around five to six months to submit an insurance claim, allowing you to first try seeking compensation from the responsible authority.

However, it’s important to note that notifying your insurer might, in some situations, lead to an increase in your premium for the next year, even if you don’t end up making a claim. While this potential impact is difficult to measure (and some major insurers have indicated that reporting a pothole claim wouldn’t affect next year’s premium), it’s a factor worth considering.

Vehicle damaged by a pothole? First gather evidence…

The initial step is to begin gathering evidence immediately. Regardless of the authority you’re addressing, the primary objective remains consistent: to accumulate sufficient proof to demonstrate its negligence.

If safe, take photos and measure the pothole’s depth

If you have a tape measure available and it’s safe to use (please avoid doing this on a motorway), measure the depth of the pothole and record it. If the depth is 40mm or greater (about the thickness of two 20p coins), it’s definitely worth pursuing further. If it’s shallower, you should still proceed, but you might not recover the entire repair cost. Also, measure the width of the pothole.

Take photos as soon as possible, or as soon as it’s safe to do so. If you don’t have a camera at the moment, you can always return later. Important things to capture in your photos include:

• Close-ups of the pothole. While we don’t recommend halting traffic, prompt action is crucial. A few photographs capturing both the width and depth of the pothole should suffice. If feasible, measure the depth with a tape measure and photograph it with the tape measure placed inside the hole.If measuring isn’t an option, use a common object like a newspaper, place it in the pothole, and mark the depth on the object to provide a reference.
• The pothole’s position in the road. Capture a few mid-range photographs of the pothole from various angles to illustrate its lane placement on the road. Ensure the images clearly show the visible potholes.
• Road signs. Capture additional images of the immediate roadway, including any road signs present. Photos of nearby landmarks, such as schools and notable buildings, will aid in accurately identifying the location.
• Your car. To document the damage, capture multiple clear photos of any items that are broken, cut, dented, or scratched.

Be careful! You don’t have the right to walk on the motorway…

It might seem like common sense, but if you encounter a pothole on a motorway or a major road in the UK, stopping to snap a photo isn’t an option. Doing so is not only hazardous but also illegal, as walking unsanctioned along motorways is prohibited. Additionally, halting in risky areas and exiting your vehicle can be dangerous.

Instead, consider finding a safe vantage point, like a nearby bridge, from which you can capture images of the signs and the surrounding area without putting yourself at risk.

Take notes and gather the paperwork

Gathering documentary evidence can significantly strengthen your case, so aim to compile as much supporting documentation as you can. Consider the following items (though it’s okay if you don’t have something for every point):

• The pothole’s exact position. Record its precise location, including its position on the road and, if relevant, which lane it’s occupying. Measure the distance from the curb in meters. Identify any significant landmarks on either side of the road. If there’s a notable building close by, such as a church or school, make sure to note its name.
• The accident itself. Document the instant you encounter the pothole. Note the precise time and date, and provide details about the conditions at the time—such as weather and traffic. Aim for thorough accuracy.
• Did anyone see you hit the pothole? If they did, and if you can get in touch with them, request a written statement from them. For instance, if the pothole was not visible from a distance or if it was evidently dangerous, ask them to confirm these details in writing. This could strengthen your claim in the future.
• A map-like sketch. If possible, try to make a quick drawing of the pothole, including the section of road it’s on, and add a few buildings or signs on either side. The sketch doesn’t need to be perfect—there’s no need for it to be a masterpiece like a Van Gogh.

Whenever possible, jot down your notes right after the event occurs, and make sure to include the date. In the unfortunate event that you need to appear in court, notes made ‘contemporaneously’—meaning those created at the moment an event takes place—are typically regarded as more credible.

Keep a record of the damage to your car

This part is essential. Keep in mind, you’re not seeking general compensation; rather, you’re requesting reimbursement for the expenses related to your car repairs.

After having your car inspected and repaired, be sure to keep a copy of the invoice. It should be detailed and dated. If you can, request that the mechanic provide a written statement confirming that the damage was due to a pothole; this documentation can be very beneficial for you later.

Next, try submitting a ‘fast claim’ for pothole damage

A ‘fast claim’ is the most efficient method for filing a claim. By this point, you should know which authority is responsible for the pothole you encountered and should have already reported the issue (if you haven’t done so yet, make sure to report it now). Additionally, you should have collected all relevant evidence (if not, gather it as soon as possible).

Now, it’s time to proceed with the claim. The quickest and easiest approach is typically to use the claims process provided by the responsible authority, which usually involves completing a form. However, not all authorities offer this option, and even if they do, it might not always be successful. Nonetheless, it’s always a good idea to start with this method.

Here’s how to file a fast claim – and remember, if you’re not sure who to claim from and report the pothole to, check here:

• Councils in England, Wales or Scotland. When you report a pothole, some councils will provide you with a form to fill out. If this isn’t the case, you can verify if your council offers expedited claims by visiting their website. A full list of council websites can be found on the Gov.uk website. If your council doesn’t have a fast claims system, go to How to make a full claim.
• Transport for London. You should be sent a form after reporting the pothole – if it doesn’t arrive, call 0343 222 1234. There are separate forms for drivers and cyclists. Once you’ve sent it off, TfL’s insurance provider Gallagher Bassett will investigate your claim. There’s no official timeframe for you to get a response though.
• Highways England. Again, you should be sent a form when reporting the pothole. If not, call 0300 123 5000. After you send the completed form in, the agency will acknowledge receipt within 21 days and has 90 days to respond.
• Major roads in Scotland. All three agencies that look after motorways and A roads in Scotland should send you a form when you report a pothole – if not, call Amey (south-west Scotland) on 0800 521 660 or Bear Scotland (north-east, north-west and south-east Scotland) on 0800 028 1414. Amey says responses generally take 20 working days – Bear Scotland gives no firm timeframe.
• Traffic Wales. If you asked for a form when reporting the pothole, you should have been sent an information pack and claim form – if you didn’t or it hasn’t arrived, call 0300 123 1213.
• DfI Roads (Department for Infrastructure unit that manages and maintains Northern Ireland’s transport network). You can download the form directly from the NI Direct website.
• Private roads. Claiming for pothole damage on a private road generally works in a similar way, but it’s a slightly different process.

Submitting your fast claim

Submitting a claim quickly offers a significant benefit: speed. The process is straightforward—complete the form provided by the authority and send it back with any required evidence. To strengthen your claim, it’s advantageous to include any additional evidence you possess. At a minimum, you should provide:

• Copies of repair invoices and proof of payment.
• Copies of your mechanic’s statement on cause of damage.
• A note (or map) of the pothole’s location.
• Note of the date and time the damage occurred.
• Photos of the damage.
• Photos of the pothole if possible.
• Notes from anyone who saw the incident.

To bolster your position, we have also provided a concise template letter to accompany the form. This letter succinctly summarizes your situation and indicates that you are prepared to escalate the matter if compensation for the damage to your vehicle is not provided. While sending this letter is optional, it demonstrates that you are well-informed and ready to pursue further action if necessary.

FREE template letter. Download a short letter to make your fast claim faster.

How long will claiming for pothole damage take?

The timeline can vary significantly—it might be a prolonged journey. While some claims have been approved in just four weeks, others can take seven or even eight months.

It’s important to remain patient and resilient. There are instances where claimants receive no updates for several months, only to suddenly get a letter confirming their compensation. Perseverance and patience will be essential throughout this process.

What are my chances of success?

Let’s get straight to the point—filing a claim for pothole damage can be quite involved, and achieving a successful outcome isn’t assured. Even professionals acknowledge that the process can be demanding.

Nevertheless, recovering the cost of repairs is indeed possible, and we’re optimistic that as more individuals pursue this route, it will become more streamlined. In numerous instances, claimants have managed to secure the full amount needed for repairs, with some even pursuing their cases through the court system. Others, after a protracted process, have chosen to accept partial settlements.

In summary, there is a reasonable chance of having your damages covered, though it may require patience and there are no guarantees.

How far back can you claim?

If you encounter a pothole that damages your vehicle, it’s best to make a claim as soon as possible. Officially, you have up to six years to file for damages through the small claims court (or five years in Scotland). This is the maximum time limit for retrospective claims.

If the incident occurred years ago and you didn’t gather any evidence at the time, making a claim now is unlikely to be successful. On the other hand, if you did collect evidence but either didn’t file a claim or were turned down, you might still have an opportunity to pursue a full claim by using a Freedom of Information request, as detailed below.

Keep in mind, however, that success is not guaranteed, and pursuing a full claim can be time-consuming and require significant paperwork.

What about private roads?

Occasionally, drivers might encounter a pothole on a roadway managed by a private entity, such as a supermarket that oversees the road or parking lot providing access to its premises.

Here, the same legal principle applies – the private company in question has a legal duty to keep the road safe. The rules are set out in the Occupiers Liability Act 1984 for England, Wales and Northern Ireland. In Scotland, it’s the Occupiers’ Liability (Scotland) Act 1960.

Hurrah – the claim’s submitted

Once you’ve submitted the form, it might be some time before you receive a response. When you do get a reply, it will typically involve one of these three scenarios:

1 – You win and get full costs back – victory!

If this happens, congratulations! Your claim’s finished.

2 – You get a partial offer of compensation

Be ready to make compromises – it can save you both time and effort. If the authority provides only a partial amount for repairs instead of covering the full cost, it’s important to recognize that pursuing additional funds might be time-consuming and doesn’t guarantee a successful outcome.

Consider whether the offered amount meets your needs and if it’s worth the time and energy to seek the full sum. You might respond with, “I believe a higher offer would be more appropriate,” to see if a better deal can be reached. If the revised offer still falls short, proceed with the steps outlined in How to make a full claim.

3 – Your claim is rejected

There’s a good chance your initial claim might be rejected. If that happens:

Don’t get discouraged – it’s quite a common outcome. Organizations often reject claims at first, even if they’re likely to succeed upon further review.

In the event of a rejection, the authority might reference Section 58 of the Highways Act 1980 in their response. This section states:

“A court must consider whether the highway authority knew or could reasonably have been expected to know that the condition of the highway in question was likely to pose a danger to its users.”

While this may seem convincing, don’t be discouraged right away. Even if the authority or agency was unaware of the pothole due to it not being reported, you still have the opportunity to pursue a successful claim. You may be able to demonstrate that the road was not properly maintained. The following section will guide you on how to achieve that.

Rejected (or unable to fast claim)? How to make a full claim for pothole damages

If your initial claim was unsuccessful or you didn’t manage to file one promptly, your next course of action is to submit a comprehensive claim. Be prepared, as this process can be quite complex. We’ll guide you through each step and provide template letters to simplify the procedure.

Essentially, you will need to file a Freedom of Information request to determine whether the authority was adhering to its scheduled inspections and road repairs. If you can demonstrate that it failed to do so, you can argue that the authority should cover the cost of your repairs.

Typically, if you can establish the authority’s negligence, they will agree to pay. However, in some situations, you may have to take the matter to small claims court.

Here’s the process, broken down in to five steps…

Step 1: Get the road repair policy and inspection history

This is all about digging into the detail to help give your claim a bigger chance of success.

You’re going to use the Freedom of Information (FOI) Act to get information from the authority responsible for maintaining the road the pothole was on. This act enables you to request data from public sector bodies and they have to give it to you by law.

Don’t stress—it may seem complex, but it’s really straightforward. We’ve prepared a template letter for you to use, so we’ve taken care of the challenging part.

Your FOI request will get two pieces of information from the authority:

• Its inspection logs that show how it maintained the road that damaged your vehicle.
• Its policy for inspecting and repairing its roads. (In many cases, this will be the same as the national policy, but sometimes it differs so it’s best to check).

Occasionally, an authority might indicate that you don’t need to file a Freedom of Information (FOI) request to obtain certain information, yet submitting one can still be beneficial. By making an FOI request, the authority is legally obligated to respond within 20 working days. Although the process isn’t flawless—sometimes responses can be delayed—many people find that using the FOI Act is the most reliable method to ensure their request is not overlooked.

How to make your FOI request

The easiest method to submit a Freedom of Information (FOI) request is via email. There’s no need for formal language; simply indicate that you’re making an FOI request and include your questions. To simplify the process, we’ve prepared a template letter for you. Just complete your details and send it along.

Warning: While FOI requests are free across most of the UK, it’s worth noting organisations in Scotland can charge a fee of 10% of the difference if they think it’ll cost them more than £100 to track down the information you need. For example, if it will cost them £200, you’ll be charged £10 – 10% of the difference between £200 and £100.

If this affects you, they’ll have to tell you what it’ll cost first – then it’s up to you to decide if it’s worth paying given there’s no guarantee your claim will be successful. For more details, go to the Scottish Information Commissioner’s website.

If you do decide to send in an FOI request, use our template below.

FREE template letter. Download our FOI request for councils letter to send off.

In theory, you could direct your request to any individual within the authority, who should then forward it appropriately. However, in practice, it’s more effective to contact the FOI department directly. You can usually find their contact information on the authority’s website. If it’s not listed, give them a call and inquire about it.

The authority has 20 working days to respond to your request. Usually, you’ll get a response before the 20 days is up. If you don’t, send a reminder on the 20th day. If they still don’t play ball, complain to the Information Commissioner’s Office.

Step 2: Look at how the road was maintained

After receiving the information from your FOI request, you’ll need to meticulously examine the details provided. Keep in mind that this is not a task to be rushed; set aside some time and perhaps brew yourself a cup of tea for the process.

Begin by reviewing the inspection logs, as they will reveal the frequency with which the road you encountered problems on was examined and maintained. Pay attention to the following crucial details:

How often were inspections done, and how were they done? Don’t just look at the frequency of inspections. Check the following:

• How were they carried out – by foot or in a van?
• If it was in a van, how fast was the van travelling? Was this too fast to see a pothole?
• Was there just one driver or a driver and an inspector?
• Did the road have a history of problems? If so, were inspections done more frequently?
• If the authority also had to do safety patrols, how were these carried out, and how frequent were they?

If the pothole had already been reported, what action was taken?

• How did the authority define the risk created by the pothole? How was it categorised?
• If it was known about, how long did it take to fix the pothole?
• If repairs were made, did it fix the pothole so that it was no longer a hazard?
• If no repairs were made, how long had the authority known about it before you hit it?

Step 3: Check if the authority followed its own policy and if that policy met national standards

When an authority responds, it should outline its policy for road maintenance. There are two key aspects to examine: first, review its policy for inspecting and repairing roads, and second, ensure that this policy aligns with national standards.

The goal is to determine if the authority exhibited negligence. If the road where your pothole occurred wasn’t inspected frequently enough or repaired in a timely manner, you may have a strong case. Carefully review the road maintenance policy and inspection records, comparing them thoroughly.

If you believe you have a valid claim, you must construct a solid argument. Investigate any inconsistencies between the authority’s stated maintenance policy and their actual practices. While the authority might have explanations for some discrepancies, identifying numerous inconsistencies will strengthen your position. Focus on these critical elements:

Claiming from a council?

It can be somewhat perplexing that councils across England, Scotland, and Wales have the autonomy to establish their own road maintenance policies, despite these often being influenced by a national code of practice. Therefore, when making a claim with a council, it’s crucial to thoroughly review the specific policy they provide. Pay special attention to:

• How it defines road defects (for instance, potholes).
• How quickly these defects should be repaired (for example, 24 hours or 28 days).
• How often inspections should be carried out.
• Once they’ve emerged, how quickly these defects should be identified.
• How inspections should be undertaken (for example, by a slow-moving vehicle with a camera).

There is also a separate document called the ‘Well-managed highway infrastructure’ code of practice which sets out national standards. However, even if the council followed its own rules, there’s a chance its rules weren’t adequate – so you might still be able to argue negligence.

Claiming from Highways England?

Highways England’s policy comes from two documents – the Network Management Manual and the Routine and Winter Service Code. Yes, they sound like a cure for insomnia – but know the right sections and they’ll give you extra ammunition.

• Safety inspections
• What the winter code says. Potholes should be identified and verified within 24 hours on motorways with heavy traffic, or seven days on less busy carriageways (see flow diagram 2.1 on page 24). The Network Management Manual tells Highways England how to do safety inspections.
• What the manual says. In Part 3 (specifically section 3.1.2.5 on Safety Inspections), it is specified that regular visual checks should be performed by two trained individuals working together from a slow-moving vehicle.The section further notes: “In certain scenarios, such as in town centers, major shopping areas, subways, footbridges, and complex road junctions, inspectors may need to walk in order to verify suspected issues or to complete the inspection process.”

  Additionally, it is stated that: “Safety inspections also encompass highway structures and tunnels. They must detect any evident deficiencies that pose or could potentially pose a risk to the public, necessitating immediate or urgent action.”

• What this means.  The vehicle must be driven at speeds of no more than 40mph during the inspection. If the road where the vehicle was damaged involved a complicated intersection, inspectors might have needed to conduct foot inspections.Additionally, if the pothole responsible for the damage posed a significant hazard, it should have been repaired within 24 hours of being identified.In the absence of two available inspectors, the inspection can be carried out by one person with the aid of a data capture device.

  Should your FOI request reveal that inspections were conducted at speeds exceeding 40mph, or that a single inspector was used without a data capture device to substitute for a second person, this information can support your claim.

• Pothole repairs
• What the winter code says. The code refers to potholes as ‘category 1 defects’ (see part 2.1.1 on page 23) and sets out various requirements.
• What it means. Potholes must be addressed within 24 hours of detection or reporting if they pose an “immediate or imminent risk of… damage to a third party’s property or equipment,” according to regulations. Permanent fixes should follow within 28 days if necessary.This requirement extends to potholes on nearby footpaths and cycle tracks managed by the agency, potentially allowing cyclists to seek compensation if impacted. Regardless of the road’s classification by Highways England, the above repair deadlines apply.

Claiming from Traffic Wales?

Traffic Wales is the governmental body tasked with overseeing the upkeep of motorways and principal trunk roads throughout Wales. When you need to report a pothole, you should contact this agency. However, your claim will ultimately be forwarded to the Welsh Government’s claims investigation unit for further handling.

Traffic Wales adheres to the Trunk Road Maintenance Manual for its road maintenance procedures. This manual isn’t accessible online and must be requested directly. In response to a Freedom of Information (FOI) request, you should receive Part 2: Routine Maintenance of Highways. We’ve highlighted the relevant sections from this document that may support your claim.

• Safety inspections
• What the maintenance manual says (p12, sec 1.1.4.1). Safety inspections aim to uncover defects that could pose a risk to public safety, necessitating prompt or urgent action. Moreover, extra safety inspections might be needed based on reports or complaints from the police, various organizations, or the general public.
• What this means. Road safety inspections that failed to detect a pothole which then caused damage to your vehicle should have identified it. If the pothole was not flagged before you encountered it, the responsible authority must provide a valid explanation. This could include the possibility that inspections were conducted according to schedule and standards, but the pothole formed after the last inspection and had not been reported by others.The manual outlines the recommended inspection frequency for various types of roads.
• What the manual says. Roads classified under inspection categories A and B are required to undergo a safety inspection every seven days. Meanwhile, roads in category C must be inspected for safety every 28 days.
• What this means. In Wales, motorways such as the M4, M48, and A48 (M) are classified as category A roads, necessitating weekly inspections. While the majority of primary routes fall into categories A and B, there is no specific list for category C roads in the manual. Additional information on road categories and their corresponding maintenance schedules can be found on page 9 of Part 2: Routine Maintenance of Highways.The manual further outlines the procedures for conducting these inspections.
• What the manual says. Inspections are typically conducted via mobile units traveling at a slow pace, with occasional on-foot inspections when necessary. The frequency of these inspections will depend on the significance of each specific road.
• What this means. Inspections need to be performed while the vehicle is moving at speeds below 40mph. If it turns out that inspections were conducted at speeds of 40mph or higher, or if they were required to be done on foot but weren’t, this information could support your claim.
• Safety patrols

Alongside standard safety inspections, Wales should implement additional ‘safety patrols’ to enhance overall security.

• What the manual says (p12, 2.1.4). “Safety patrols will be conducted on Category A roads (including weekends and public holidays) in between the weekly safety inspections.”
• What this means. These patrols offer more comprehensive assessments compared to standard safety inspections. If they weren’t conducted on the road that caused damage to your vehicle, or if they were conducted but the pothole wasn’t recorded and fixed, this can significantly strengthen your claim.
• Pothole repairs

A key responsibility for Traffic Wales is to address potholes efficiently and effectively. According to the manual, these potholes are classified as ‘category 1’ defects because they pose an immediate danger to motorists.

• What the manual says (p10, sec 1.1.3.3). Category 1 defects are defined as: “Defects that need immediate action due to their potential to cause an immediate or imminent risk.”

  Additionally, for Category 1 permanent repairs: “Whenever feasible, the Permanent Repair should be carried out at the time the defect is discovered or confirmed. If immediate repair isn’t possible, it should be addressed as quickly as possible within the allowable timeframe.”

• What this means. In essence, this indicates that potholes need to be made safe within 24 hours and permanently repaired within 28 days. Therefore, it’s important to verify whether Traffic Wales has adhered to this regulation.

Claiming from Bear Scotland, Amey and Scotland Transerv?

Amey, responsible for road maintenance in north-east, north-west, and south-west Scotland, and Bear Scotland, which handles maintenance in south-east Scotland, are contracted by Transport Scotland. Transport Scotland is the governmental organization overseeing the nation’s motorways. These agencies manage the upkeep of major trunk roads, carriageways, and motorways.

Transport Scotland indicates that while the contracts are fundamentally similar, minor variations exist depending on the specific regions each agency serves. Nevertheless, the sections we’ve highlighted are consistent across all the contracts.

You can see the contracts for each region on Transport Scotland’s website. Again, they sound like a cure for insomnia, but the right sections will give you extra ammo and you don’t have to read them start to finish – we’ve picked out the most relevant bits below.

• Safety inspections
• What the contracts say. “Safety Inspections shall be carried out at frequencies not exceeding seven days on all Trunk Roads” to “identify Category 1 Defects” – that includes potholes. Inspections should check “all that can be seen from a slow moving vehicle within the boundary of the Trunk Road”.
• What this means. If you find that any maintenance companies did not inspect the road frequently enough or missed identifying the pothole during their inspections, this can strengthen your claim. Additionally, if you discover that the inspection vehicle was moving at speeds over 40 mph, this is another issue to highlight, as such speeds make it more likely for a pothole to be overlooked.
• Pothole repairs

From the outset, the contract stipulates that Scottish ministers mandate the relevant agency to “minimize the risk of harm, disruption, and destruction to third-party property.”

This is a foundational argument you can leverage. However, the crucial details lie in the specifics. We’ve provided a summary, but you can access the full information through the links below.

• What the contract says. “The Operating Company’s inspection team… or initial Incident Response Resources shall make the Category 1 Defect safe when identified”. Temporary or permanent repairs should be carried out no later than “06.00 on the day following identification for Category 1 Defects on carriageways” and “within 24 hours of identification for all other Category 1 Defects”. If a temporary repair’s been carried out, a permanent repair must be carried out “no later than 28 days after identification”.
• What this means. If a pothole that caused damage to your vehicle was either reported beforehand or identified during an inspection, it should have been entered into the Amey or Bear Scotland system within 24 hours. Following this, it should have been fixed within the designated timeframe. In cases where immediate repairs aren’t possible, the agencies are required to post warning signs. If you were informed that the defect couldn’t be addressed right away, verify whether any signs were put up and if they were sufficiently visible. If the signs were lacking in visibility or clarity, this could strengthen your case.

You can review the summarized contract sections for the two maintenance companies handling north-east, north-west, south-east, and south-west Scotland by following these links:

• North-west Scotland. Click this Transport Scotland link and go to schedule 7 part 1, section 2.2 on page 1,073.
• North-east Scotland. Click this Transport Scotland link and go to schedule 7 part 1, section 2.2 on page 1,048.
• South-east Scotland. The current contract with Bear Scotland has not yet been made available, but click this Transport Scotland link to see the previous contract with Amey, and go to schedule 7 part 1, section 2.2 on page 1,096.
• South-west Scotland. The current contract with Amey has not yet been made available, but click this Transport Scotland link to see the previous contract with Scotland Transerv, and go to schedule 7 part 1, section 2.2 on page 1,085.

For each area, schedule 1 part 1 of the contract gives you a definition of a category 1 defect (it will be on page 2 or 3). It says category 1 defects are those which “present an immediate or imminent hazard” – so potholes fall under this category.

Claiming from Northern Ireland’s Department for Infrastructure (DfI)?

The DfI (formerly the Department for Regional Development) has a division called DfI Roads that maintains over 15,500 miles of public roads in Northern Ireland. Most of the motorways are managed by two DBFO (Design, Build, Finance, Operate) companies – Amey Roads NI and Highway Management City.

DfI Roads is bound by a set of rules that dictate how it should inspect roads and how quickly it should fix potholes. These are included in a wider document called Road Maintenance Standards.

• Safety inspections

DfI Roads has to inspect certain types of road at specific frequencies. For example, motorways have to be inspected daily from Monday to Saturday.

It’s a little different for other types of road. The table show how often these other types should be inspected:

Safety inspections for roads & car parks
Type of road	Traffic level/location	Description	Number of inspections required
Carriageways	High traffic	5,000+ vehicles a day	Once a month
	Medium traffic	1,500 to 5,000 vehicles a day in urban areas 500 to 5,000 vehicles a day in rural areas	Once every two months
	Low traffic	Under 1,500 vehicles a day in urban areas Under 500 vehicles a day in rural areas	Once every four months
Car parks	Towns/city centres	–	Once a month
	All others	–	Once every two months

Source: Road Maintenance Standards for Safety

• Pothole repairs

The Road Maintenance Standards for Safety specify the timeframe within which potholes must be repaired once they are detected, based on their depth. These timelines start from the moment DfI Roads either identifies the pothole or receives a public report and records it in their system.

Pothole repair timescales
Type of road	Traffic level/location	Description	Pothole response times  to repair or make safe
			Potholes 100mm+ deep	Potholes 50 to 100mm deep	Potholes 20 to 50mm deep
Carriageways (urban)	High traffic	5,000+ vehicles a day	Next calendar day	Next calendar day	Five working days
	Medium traffic	1,500 to 5,000 vehicles a day	Next calendar day	Five working days	Four weeks
	Low traffic	Under 1,500 vehicles a day	Next calendar day	Five working days	Four weeks
Carriageways (rural)	High traffic	5,000+ vehicles a day	Next calendar day	Five working days	Five working days
	Medium traffic	500 to 5,000 vehicles a day	Next calendar day	Five working days	Four weeks
	Low traffic	Under 500 vehicles a day	Five working days	Four weeks	Next available time or review condition at next inspection
Car parks	Towns/cities	–	Next calendar day	Next calendar day	Five working days
	All others	–	Next calendar day	Five working days	Four weeks

Source: Road Maintenance Standards for Safety

What about motorways?

In Northern Ireland, the management of motorways operates a bit differently. The majority of these roads are overseen by two DBFO companies: Amey Roads NI and Highway Management City.

Surface defects on those parts of the network under DBFO control fall into two categories: Category 1 and Category 2. Category 1 defects are defects which require prompt attention because they represent an immediate or imminent hazard. Category 2 defects are defects which do not represent an imminent hazard and can be dealt with under normal planned programmes of work.

Category 1 defects should be corrected or made safe at the time of inspections, if reasonably practicable. If it is not possible to correct or make safe at the time of inspection, repairs of a temporary or permanent nature shall be carried out as soon as possible and in any case within a period of 24 hours. If a temporary repair is carried out, it should be inspected regularly and made permanent within 28 days.

For the segments of the motorway network that remain under the management of the DfI, such as the M2 Ballymena Bypass and the M12, response times are consistent with those observed on other major traffic routes.

After reviewing the fine print, compile a list of any inconsistencies between the expected actions of the authority and what they actually performed. If you identify one or more notable discrepancies, your claim is likely to be strong.

Check the authority meets national standards

Once you’ve examined if the authority adhered to its road maintenance and inspection policy, the next step is to verify whether the policy itself aligns with national standards.

This is relevant only for councils, as each one has its own unique set of standards. If you’re making a claim against a different entity, you can bypass this step and proceed directly to Step 4: Submit Your Claim.

Although individual councils can make their own rules, there’s a separate document called the Well-managed highway infrastructure code of practice which sets out national standards. Even if the council in question followed its own rules, there’s a chance its rules weren’t adequate – so you might still be able to argue negligence.

Fortunately, you don’t need to read the national guidance in full – we’ve highlighted parts that could support your claim

Safety inspections

• What the code says (p40, sec A.5.7.1). “Safety inspections are designed to identify all defects likely to create danger or serious inconvenience to users of the network or the wider community.”Such defects should include those that are considered to require urgent attention as well as those where the locations and sizes are such that longer periods of response would be acceptable.”

  It adds on p94, sec B.5.2.1 that councils “should determine the most appropriate way to undertake inspections” including “inspections from a slow moving vehicle or, in busy urban areas… walking should be used”.

• What this means. The term ‘defects’ in this context refers specifically to potholes. Certain potholes that pose significant risks require immediate action. If the pothole that caused damage to your vehicle is categorized as such and was not repaired within a reasonable and urgent timeframe, your claim is likely to be strong.

  According to the code, a ‘slow-moving vehicle’ typically refers to those traveling at speeds under 40mph. Therefore, if the road inspection was conducted at speeds greater than this or if it should have been done on foot and was not, this could further support your claim.

Frequency of safety inspections

The previous guideline to the Well-managed Highway Infrastructure Code of Practice, known as the Well-maintained Highways Code of Practice, specified the inspection frequency for various types of roads by local authorities. Unfortunately, the current code is less prescriptive on this matter.

However, it does provide a framework for local authorities to establish their inspection intervals and outline their procedures for addressing discovered potholes:

• What the code says (p41, sec A.5.7). “The [safety inspection] regime should be developed based on a risk assessment and provide a practical and reasonable approach to the risks and potential consequences identified.”Frequencies for safety inspections of individual network sections or individual assets should be based upon consideration of” several factors, including type, consequence of failure, incident and inspection history, and the approach of adjoining authorities.

What this means

• P42, sec A.5.8.1. “All defects [potholes] observed during safety inspections that provide a risk to users should be recorded and the level of response determined on the basis of risk assessment.” 
• P93, sec B.4.15.3. “Authorities should have an effective public communications process that provides clarity and transparency in their policy and approach to repairing potholes. This should include a published policy and details of… the prevention, identification, reporting, tracking and repair of potholes.” 
• P93, sec B.4.15.4. “To provide clarity, authorities should adopt dimensional definitions for potholes based on best practice as part of their maintenance policy.”

Local authorities need to take into account the needs of the most at-risk road users, along with the type and volume of traffic, when planning their safety inspections. Additionally, they should consider access needs—such as roads leading to schools or hospitals—when deciding how to document and address potholes.

Identifying potholes

• What the code says (p42, sec A.5.8). “The degree of risk from a pothole depends upon not merely its depth but also its surface area and location.”The code categorises the degree of risk like this:

  – “Defects which are considered to require urgent attention should be corrected or made safe at the time of the inspection, if reasonably practicable.”

  – “Defects that do not represent an immediate or imminent hazard or risk of short term structural deterioration may have safety implications, although of far less significance than those which are considered to require urgent attention.”

  It adds that making safe those requiring urgent attention “may constitute displaying warning notices, coning off or fencing of” and that, if temporary repairs were made, permanent repairs “should be carried out within a reasonable period”.

• What this means. If you can provide proof that the pothole you encountered needed immediate repair but wasn’t addressed or made safe after being identified, it will strengthen your claim.Generally, potholes are categorized as defects needing prompt attention. However, if the pothole you encountered was deemed not to present an immediate or imminent danger, the responsible authority will have specific response times for addressing such issues. You should be able to find this information in your Freedom of Information (FOI) response.

If you believe the council’s road maintenance policy does not meet national standards, you can leverage this discrepancy as a strong argument in your claim.

Step 4: Submit your claim

Deep breath… it’s time to up the ante and submit your full claim. Don’t worry, we’ve done a lot of the legwork for you with our free template letter.

In your letter, you should present your case based on all the information you’ve gathered up to this point. Maintain a calm tone and use neutral language to ensure the letter remains professional, which is important in case it needs to be referenced in future legal proceedings (though we hope it doesn’t come to that).

Clearly articulate that you are entitled to compensation for the repair costs because the authority is responsible, and outline why you believe their actions have been negligent. You should then argue either that the authority did not adhere to its own road maintenance and inspection procedures, or that its procedures did not comply with national standards—or occasionally, that both issues are present.

Regardless of whom you are addressing, make sure to refer to the evidence supporting your claim. For example, if you believe the road was not inspected often enough, cite specific parts of the road’s repair history to substantiate your claim.

Finally, include all relevant evidence you have collected. To summarize, here’s a checklist of items to include…

• Copies of repair invoices and proof of payment.
• A copy of the mechanic’s statement on the cause of damage.
• A note (or map) of the pothole’s location.
• A note of the date and time the damage was caused.
• Photos of the damage you’re claiming for.
• Photos of the pothole if possible.
• A copy of the road maintenance policy, if quoting it.
• A copy of the road repair history, if quoting it.

FREE template letter. Download our letter for councils to send off with your full claim.

Step 5: After you’ve submitted your claim…

Initially, you’ll typically receive an acknowledgment of your claim. You might be referred to a company that processes claims on behalf of the council, which could result in a delay of a few months before you get a reply. If this is not the case, you can generally expect a response within approximately a month.

When you do receive a reply, one of the following three scenarios will occur:

• You win and get full costs back – victory! The authority will send you a letter and a cheque. Case closed. You’ve got your money back and don’t need to read on. Well done!
• You get a partial offer – be prepared to compromise. The agency may propose covering only a portion of the repair expenses. In such a case, be prepared to negotiate—doing so can save you both time and effort. Pursuing the matter in court from this point could be costly and doesn’t ensure a favorable outcome.
• You claim is rejected. Even with all your effort, there’s still a possibility that the authority could outright deny your claim. Occasionally, they will provide a comprehensive explanation for their decision. This explanation might be as extensive as the Magna Carta itself – for instance, there was an instance where a council issued a 200-page rejection letter to a driver who had requested £40.

Still unsatisfied? Try the small claims court

If you’ve navigated the entire claims process and your claim is still turned down, your options are somewhat limited (except if you’re filing a claim in Northern Ireland). However, you do have the option to escalate your claim to the small claims court—referred to as the sheriff’s court in Scotland.

Don’t be daunted by images of judges and formal attire—the small claims court is designed to be a straightforward way to pursue legal action for amounts up to £10,000 (£5,000 in Scotland) against a company or individual. It’s important to be sure of your case before proceeding, as there are costs associated with losing.

For detailed information on small claims procedures in England, Wales, and Scotland, refer to our Small Claims Court guide.

If you’re claiming in Northern Ireland…

If your claim pertains to Northern Ireland, you have the option to escalate it with the Department for Infrastructure (DfI).

Should you still find that there are differences between the expected maintenance actions by the DfI and their actual practices regarding the road where you encountered the pothole, you can respond in writing. In your communication, detail these inconsistencies and formally indicate that you are lodging an official complaint.

If you’re unsatisfied about the general way your claim was handled, you can also complain to the DfI Roads Claims Unit. This is more about delays and communication though, rather than the decision itself.

If you’ve gone through the complaints process and haven’t found a satisfactory resolution, there is an additional option available to you, unlike in other parts of the UK.

You can take your case further by contacting the free Northern Ireland Public Services Ombudsman (NIPSO). It will provide you with an independent adjudication – if this goes against you, then unfortunately it’s highly likely any court action will be unsuccessful.