TL;DR
As an FCA-authorised expert broker that has helped over 750,000 drivers, WeCovr understands the frustrations of UK road users. A sudden, bone-jarring thud from a pothole can mean expensive repairs and a complex decision about your motor insurance. This guide explains how to claim for damage and protect your policy.
Key takeaways
- Gather Evidence (Safely): Your claim is only as good as your evidence. If you can stop safely without causing a hazard to yourself or others, take these steps immediately.
- Photograph the Pothole: Take multiple, clear pictures from several angles. Crucially, include an object of a known size in the photo (like a shoe, a 50p coin, or a drink can) to give a clear sense of scale.
- Measure the Pothole: If you have a tape measure and it is completely safe to do so, measure the depth and width. Most councils consider a pothole to be an actionable defect if it is at least 40mm deep (roughly the height of two 20p coins stacked). Note this measurement down.
- Photograph the Location: Take wider shots to show the road, nearby landmarks, road signs, or a house number. This proves exactly where the pothole is and makes it easy for the council to identify.
- Photograph the Damage: Take clear, well-lit pictures of the damage to your vehicle (the burst tyre, the cracked alloy wheel, etc.).
As an FCA-authorised expert broker that has helped over 750,000 drivers, WeCovr understands the frustrations of UK road users. A sudden, bone-jarring thud from a pothole can mean expensive repairs and a complex decision about your motor insurance. This guide explains how to claim for damage and protect your policy.
Pothole Peril: How UK Drivers Can Claim for Car Damage and Protect Their No-Claims Bonus
The state of Britain's roads is a constant source of frustration for drivers. A jarring encounter with a pothole can lead to hundreds, or even thousands, of pounds in damage. Navigating the aftermath involves a crucial choice: do you claim from the local authority, pay for it yourself, or make a claim on your car insurance?
This comprehensive guide will walk you through every step, helping you make the most cost-effective decision while protecting your valuable No-Claims Bonus (NCB). We'll cover your rights, the claims process, and how your insurance policy really works in these situations.
The Shocking Scale of the UK's Pothole Problem
Potholes are more than just an inconvenience; they are a costly and dangerous epidemic on UK roads. According to the RAC, their patrols attended a staggering 30,000 pothole-related breakdowns in 2023 alone, the highest number since 2018. This highlights a worsening trend that directly impacts drivers' safety and finances. The primary cause is the cycle of moisture seeping into cracks in the road surface, which then freezes and expands in cold weather, weakening the asphalt. Heavy traffic then breaks it down, forming a pothole.
The Asphalt Industry Alliance (AIA) ‘ALARM’ survey provides further grim reading. Their 2024 report estimated that it would take 10 years and cost over £16.3 billion to clear the backlog of carriageway repairs in England and Wales. This long-term neglect, combined with more frequent extreme weather events, means the problem is set to continue.
Key Statistics on UK Potholes (2023-2024 Data)
| Statistic | Figure | Source |
|---|---|---|
| Pothole-Related Breakdowns Attended | ~30,000 in 2023 | RAC |
| One-Time Cost to Fix All Potholes | £16.3 Billion | AIA ALARM Survey 2024 |
| Average Pothole Compensation Payout | £250 - £300 | Various Council Data |
| Roads Reported in Poor Condition | 1 in 5 (20%) | AIA ALARM Survey 2024 |
These figures paint a clear picture: the risk of encountering a damaging pothole is higher than ever. Understanding your options for redress is therefore essential for every UK driver.
What Damage Can Potholes Cause to Your Vehicle?
A single impact can cause a cascade of mechanical issues, some of which may not be immediately obvious. It's vital to know the signs of pothole damage to ensure your vehicle remains safe to drive.
Common Types of Pothole Damage:
- Tyres: The most common casualty. The force of the impact can pinch the tyre against the wheel rim, causing an immediate puncture or a latent bulge in the sidewall. A bulge indicates internal structural failure and means the tyre needs immediate replacement, as it is at high risk of a blowout.
- Wheels: Alloy wheels, common on modern cars, are particularly vulnerable. A sharp impact can cause cracks, chips, or buckling. A buckled or bent wheel is unsafe; it may not hold air correctly and will cause significant vibration through the steering wheel, affecting handling and safety.
- Suspension: Your car's suspension (including shock absorbers and springs) is designed to absorb impacts. However, a severe jolt from a pothole can exceed its limits, leading to broken coil springs, damaged shock absorbers, or bent control arms and other suspension components. Telltale signs include the car feeling unusually bouncy, drifting in corners, or making clunking noises over bumps.
- Steering & Tracking (Wheel Alignment): A heavy impact can easily knock out your vehicle's wheel alignment. Symptoms include the steering wheel vibrating, your car actively pulling to one side, or the steering wheel being off-centre when driving straight. Poor alignment causes rapid and uneven tyre wear, costing you more money in the long run.
- Exhaust System: A deep pothole can scrape the underside of your car, potentially cracking the catalytic converter or denting the exhaust pipe. This can lead to leaks, loud noises, and failed emissions tests during your MOT.
- Electric Vehicles (EVs): EVs present a unique and serious risk. They are often significantly heavier than their petrol or diesel counterparts, which places greater stress on tyres and suspension components. Critically, a severe underside impact from a deep pothole risks damaging the floor-mounted battery pack. This is the single most expensive component of an EV, and a replacement can cost thousands, sometimes even writing the vehicle off.
Action Point: If you hit a pothole hard, your immediate priority is safety. Pull over as soon as it is safe to do so. Check for any visible damage to your tyres and wheels. When you drive away, turn off the radio and listen carefully for any new noises, feel for vibrations through the steering wheel, and check if the car is pulling to one side. If you notice any of these signs, get the car checked by a qualified mechanic as soon as possible.
Option 1: Claiming Compensation from the Responsible Authority
Before even thinking about your insurance, your first port of call should be to seek compensation from the body responsible for maintaining the road. This is usually the local council for local roads or a national body for major trunk roads. A successful claim means you get reimbursed for your repair costs without any negative impact on your motor insurance policy.
Who is Responsible for the Road?
| Road Type | Responsible Body |
|---|---|
| Motorways & Major A-Roads (England) | National Highways |
| Motorways & Major A-Roads (Scotland) | Transport Scotland |
| Motorways & Major A-Roads (Wales) | Traffic Wales (Welsh Government) |
| All Roads (Northern Ireland) | Department for Infrastructure (DfI) |
| All other local roads (A, B, C, unclassified) | The relevant local council/authority |
A Step-by-Step Guide to Claiming from the Council
-
Gather Evidence (Safely): Your claim is only as good as your evidence. If you can stop safely without causing a hazard to yourself or others, take these steps immediately.
- Photograph the Pothole: Take multiple, clear pictures from several angles. Crucially, include an object of a known size in the photo (like a shoe, a 50p coin, or a drink can) to give a clear sense of scale.
- Measure the Pothole: If you have a tape measure and it is completely safe to do so, measure the depth and width. Most councils consider a pothole to be an actionable defect if it is at least 40mm deep (roughly the height of two 20p coins stacked). Note this measurement down.
- Photograph the Location: Take wider shots to show the road, nearby landmarks, road signs, or a house number. This proves exactly where the pothole is and makes it easy for the council to identify.
- Photograph the Damage: Take clear, well-lit pictures of the damage to your vehicle (the burst tyre, the cracked alloy wheel, etc.).
- Note Down Details: Record the exact date, time, and weather conditions. Use a mapping app like what3words to get a precise location reference. Note down the names and contact details of any witnesses.
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Report the Pothole: Even if you don't claim, it's your public duty to report the pothole to the responsible authority. This prevents it from happening to someone else and creates a record that the authority has been made aware of the defect. You can do this on the council's website or via independent portals like FixMyStreet. Keep a record of your report confirmation.
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Get Repair Quotes: Obtain at least two detailed, written quotes for the repair work from reputable garages. The quotes should clearly itemise the parts and labour costs. Do not authorise the repair yet, unless the car is undriveable. If you must repair it, keep the damaged parts as evidence.
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Submit Your Formal Claim: Draft a formal letter or email to the highways department of the responsible authority, or use their dedicated online claims portal if they have one. Your submission must be professional and factual. Include:
- A clear, concise description of the incident: "On [Date] at [Time], my vehicle, a [Make, Model], registration [Number Plate], struck a deep pothole at [Exact Location], causing damage to..."
- All the evidence you gathered: photos, measurements, witness details.
- Copies of your repair quotes.
- A clear statement of the total amount you are claiming.
The Council's Defence: Section 58 of the Highways Act 1980
Do not be surprised if the council rejects your claim initially. Their most common defence is under Section 58 of the Highways Act 1980. This provides them with a statutory defence if they can prove two things:
- They had a reasonable system of inspection and maintenance in place for that class of road.
- They were not aware of that specific pothole before your incident (or had not had a reasonable amount of time to fix it since becoming aware).
If they use this defence, you can challenge it. Submit a Freedom of Information (FOI) request to the council. Ask for their road inspection policy, the schedule of inspections for that specific road for the past 12 months, and all recorded defects and repair logs for that section. If their records show they failed to inspect the road according to their own schedule, or that the pothole had been reported previously but not fixed in time, your claim becomes much stronger.
Option 2: Claiming on Your Car Insurance for Pothole Damage
If the council rejects your claim, the damage is too severe to wait, or the repair bill is simply too high for you to cover, you may need to turn to your car insurance policy.
However, this decision should not be taken lightly. From an insurer's perspective, hitting a pothole is a single-vehicle incident. With no other party to hold liable, a claim for pothole damage is almost always classified as an 'at-fault' claim. This has significant consequences for your policy.
Understanding Your UK Motor Insurance Policy and Legal Obligations
Before claiming, you must understand what your policy covers. In the UK, it is a legal requirement under the Road Traffic Act to have at least Third-Party Only insurance for any vehicle used on public roads.
Types of Car Insurance Cover and Pothole Damage
| Type of Cover | Pothole Damage to Your Car Covered? | Explanation |
|---|---|---|
| Comprehensive | Yes | This is the highest level of cover. It protects against damage to your own vehicle in an accident, including that caused by potholes. It also covers third-party liability, fire, and theft. |
| Third Party, Fire & Theft (TPFT) | No | This cover only protects you if your car is stolen or damaged by fire. It does not cover 'accidental damage' to your own vehicle, which includes hitting a pothole. |
| Third Party Only (TPO) | No | This is the minimum legal requirement. It only covers injury or damage you cause to other people, their vehicles, or their property. It offers no cover for your own vehicle. |
Therefore, you can only claim for pothole damage to your own car if you have a comprehensive motor policy. This is also true for most van insurance and motorcycle insurance policies.
The Financial Impact of a Pothole Insurance Claim
Making that call to your insurer triggers three main financial consequences: your excess, your No-Claims Bonus, and your future premiums.
1. The Policy Excess
The excess is the fixed amount you must contribute towards any claim before the insurer pays the rest. It is made up of two parts:
- Compulsory Excess: A figure set by the insurer based on your risk profile (age, vehicle, location). You cannot change this.
- Voluntary Excess: An additional amount you agree to pay on top of the compulsory excess. Choosing a higher voluntary excess can lower your premium, but it means you pay more in the event of a claim.
Example:
- Illustrative estimate: Cost of repair: £950
- Illustrative estimate: Compulsory excess: £250
- Illustrative estimate: Voluntary excess: £150
- Illustrative estimate: Total Excess to Pay: £400
- Illustrative estimate: Insurer pays: £550
If the cost of repair is less than your total excess, there is absolutely no point in making an insurance claim. You would pay the entire bill yourself anyway, but with the added penalty of having a claim on your record.
2. The No-Claims Bonus (NCB)
Your No-Claims Bonus (or No-Claims Discount) is one of the most valuable assets on your policy. It is a discount applied to your premium that rewards you for each consecutive year you drive without making an at-fault claim. The discounts can be substantial.
| Years of NCB | Typical Discount |
|---|---|
| 1 Year | 30% |
| 2 Years | 40% |
| 3 Years | 50% |
| 4 Years | 60% |
| 5+ Years | 65% or more |
Note: Discounts vary significantly by insurer.
A single at-fault claim for pothole damage will typically reduce your NCB by two years under a "step-back" system. For example, if you have five years of NCB, it will be reduced to three years at your next renewal. This means the discount applied to your premium will be smaller, and your overall price will rise, often for the next three to five years.
3. Protected No-Claims Bonus (PNCB)
This is an optional extra you can add to your policy for an additional fee. It allows you to make a certain number of at-fault claims (usually one or two within a three-to-five-year period) without your NCB level being reduced. For example, with protection, a claim would not reduce your five-year NCB to three years.
Crucial Misconception: Protecting your NCB does not protect your premium from increasing. Your overall premium is calculated based on your entire risk profile. An at-fault claim, even with protection, still signals to the insurer that you are a higher risk. Therefore, while you may keep your 65% discount, the base premium it is applied to will likely be higher at renewal.
Is It Worth Claiming? A Cost-Benefit Analysis
This is the key question. You must weigh the immediate cost of the repair against the long-term financial impact of an insurance claim.
Scenario A: Minor Damage
- Repair Cost (illustrative): £350 for a new tyre and wheel alignment.
- Policy Excess (illustrative): £450.
- Decision: Do not claim on insurance. The repair cost is less than your excess. Your only options are to pursue a claim with the council or pay for it yourself.
Scenario B: Significant Damage
- Repair Cost (illustrative): £1,800 for two new wheels, two tyres, and suspension repairs.
- Policy Excess (illustrative): £400.
- Current Premium (illustrative): £800 with 5 years NCB (65% discount). The base premium without the discount is therefore approx. £2,285.
- Decision: This is a difficult choice.
- Option 1 (Pay Yourself) (illustrative): You are £1,800 out of pocket immediately. Your insurance is unaffected.
- Option 2 (Claim on Insurance) (illustrative): You pay your £400 excess, and the insurer pays the remaining £1,400. At renewal:
- Your NCB drops from 5 years to 3 years (e.g., from a 65% to a 50% discount).
- Your base premium may also increase due to the claim.
- New Premium Calculation (example): The 50% discount on the same base premium would make it £1,142, an increase of £342 for the first year. This elevated cost will likely persist for several years until the claim is older and your NCB is rebuilt. The total cost over 3 years could easily exceed the £1,400 you saved.
General Rule of Thumb: If the repair cost is less than £500-£600 above your total policy excess, it is rarely cost-effective to make an insurance claim in the long run. (illustrative estimate)
Special Considerations for Fleets and Businesses
For businesses running vans or a fleet of cars, pothole damage is more than a repair bill; it represents costly vehicle downtime, lost revenue, and administrative hassle. A robust fleet insurance policy and proactive management are vital.
- Driver Training: Educate drivers on defensive driving techniques for spotting and avoiding road hazards.
- Daily Checks: Mandate that drivers perform daily walk-around checks to spot tyre bulges, wheel damage, or other issues before they become a major failure on the road.
- Telematics: Use telematics data to identify routes with poor road surfaces or drivers who exhibit harsh braking/cornering, which could indicate frequent pothole encounters.
- Policy Strategy: Don't just look for the cheapest vehicle cover. Work with an expert broker like WeCovr to structure a fleet policy that includes crucial elements like guaranteed courtesy van provision, fast-track repair networks, and efficient claims handling to minimise vehicle off-road (VOR) time.
How WeCovr Can Find the Best Car Insurance Provider for You
Navigating the complexities of motor insurance UK can be daunting, especially when faced with a potential claim. At WeCovr, our experienced insurance specialists are here to help you secure the right protection before you need it. Our high customer satisfaction ratings reflect our commitment to clear, honest advice.
- Expert Guidance: We cut through the jargon. We explain the real-world implications of features like Protected NCB, Legal Expenses Cover (which can help fund a legal case against a council), and Courtesy Car provision.
- Market-Wide Comparison: We compare policies from a wide panel of UK insurers to find you comprehensive cover at a competitive price, ensuring you're not just getting the cheapest policy, but the right one for your needs.
- Specialist Cover: Whether you drive a car, van, motorcycle, or manage a whole fleet, we find policies tailored to you. WeCovr can also provide discounts on other types of cover, such as life insurance, when you purchase a motor policy with us.
Don't let pothole peril leave you out of pocket. Ensure you have the right protection in place.
Will claiming from the council for pothole damage affect my car insurance?
What is a 'Protected' No-Claims Bonus and is it worth it?
Do I have to declare pothole damage that I paid to repair myself?
Potholes are an unavoidable hazard on UK roads, but being financially unprepared for them is not. Having the right motor insurance provides a crucial safety net.
Ready to check your cover? Contact WeCovr today for a free, no-obligation quote. Our UK-based experts will compare leading insurers to find the policy that gives you peace of mind on the road.
Sources
- Department for Transport (DfT): Road safety and transport statistics.
- DVLA / DVSA: UK vehicle and driving regulatory guidance.
- Association of British Insurers (ABI): Motor insurance market and claims publications.
- Financial Conduct Authority (FCA): Insurance conduct and consumer information guidance.
