Potholes & UK Car Insurance

As an FCA-authorised expert broker that has helped arrange over 800,000 policies, WeCovr understands the real-world risks facing UK drivers. This guide explores the growing pothole problem, its impact on your motor insurance, and your rights, helping you navigate the UK's increasingly fractured road network with confidence.

Navigating the Pothole Problem: How UK Road Damage Impacts Your Motor Insurance, Vehicle Value, and Your Rights to Claim for Expensive Repairs

The jarring thud of a wheel hitting a pothole is an all-too-familiar sound for UK motorists. It's more than just an annoyance; it's a symptom of a nationwide issue that causes billions of pounds in vehicle damage, complex insurance claims, and significant road safety concerns.

According to the Asphalt Industry Alliance (AIA) 'ALARM' survey for 2024, it would take an estimated £16.3 billion and 11 years to fix the backlog of carriageway repairs in England and Wales. The RAC reports attending a record number of pothole-related breakdowns, highlighting a problem that is getting worse, not better. Payouts for damage have reached a five-year high, showing the direct financial cost to road users.

This comprehensive guide explains everything you need to know about the impact of potholes on your vehicle, your motor policy, and your consumer rights. We will cover how to claim from a council, when to use your insurance, and how to protect your vehicle from damage in the first place.

What is a Pothole and Why Are UK Roads So Bad?

A pothole is essentially a structural failure in a road's surface. Understanding how they form reveals why they are such a persistent problem across the UK.

They are created through a destructive cycle driven by two key elements: water and traffic.

1. Water Ingress: The process begins with small, often invisible, cracks in the road surface caused by general wear and tear. Rainwater seeps into these cracks and penetrates the layers of tarmac and substrate beneath.
2. The Freeze-Thaw Cycle: During colder months, particularly overnight, this trapped water freezes. As water turns to ice, it expands by about 9%, exerting immense pressure on the surrounding road material. This expansion forces the cracks to widen and deepens the cavity. When the temperature rises, the ice thaws, and the water drains away, leaving a larger, unsupported void under the surface.
3. Traffic Pressure & Erosion: The weight of passing cars, vans, and HGVs hammers down on the weakened surface. Eventually, the surface collapses into the cavity below, and the edges are further eroded by tyres, creating the sharp-edged hole we know as a pothole.

The UK's climate—often wet, with temperatures frequently hovering around freezing point in winter—provides the perfect conditions for this destructive cycle. Decades of underfunding in local road maintenance have created a vast backlog of preventative repairs, meaning that small cracks are often left to develop into major failures.

The High Cost of Potholes: Common Vehicle Damage Explained

The impact from a deep or sharp-edged pothole can send a powerful shockwave through your vehicle, causing immediate or progressive damage. Fleet managers and private owners alike should be aware of the most common issues:

• Tyre Damage: This is the number one consequence. The sharp edge of a pothole can pinch the tyre against the wheel rim, causing punctures, cuts, or bulges in the sidewall. A sidewall bulge indicates a failure of the tyre's internal structure and means the tyre is unsafe and must be replaced immediately.
• Wheel and Rim Damage: Modern alloy wheels are stylish but can be brittle. A severe impact can easily crack, buckle, or even shatter a wheel. This often leads to an expensive replacement, as repairs are not always possible or safe. Steel wheels are more likely to bend but can often be repaired.
• Suspension and Steering Misalignment: Your car's suspension (including shock absorbers, springs, and control arms) is designed to absorb road imperfections. A heavy jolt from a pothole can knock the wheel alignment (tracking) out of specification. Symptoms include the car pulling to one side, a crooked steering wheel when driving straight, and uneven tyre wear. In severe cases, components like suspension arms or shock absorbers can be bent or broken.
• Exhaust System Damage: A particularly deep pothole can cause the underside of your vehicle to "bottom out," striking the road surface. This can lead to a dented, cracked, or broken exhaust pipe, catalyst, or silencer, resulting in a noisy and illegal vehicle.
• Bodywork Damage: While less common, low-slung sports cars or vehicles with body kits can suffer damage to bumpers, spoilers, and side skirts from deep potholes.

A Note on Electric Vehicles (EVs)

EVs are typically heavier than their internal combustion engine (ICE) equivalents due to the weight of their large battery packs. This additional mass can increase the force of an impact with a pothole, potentially leading to a higher likelihood of damage to wheels, tyres, and suspension components.

Your First Line of Defence: Claiming Directly from the Council

Before you pick up the phone to your insurer, you should know that you have a legal right to seek compensation from the authority responsible for maintaining the road where the damage occurred. For motorways and major A-roads, this is National Highways (in England), while local A-roads, B-roads, and unclassified roads are the responsibility of the local council.

Understanding Your Rights: The Highways Act 1980

Your right to make a claim is established under Section 41 of the Highways Act 1980. This section places a statutory duty on highway authorities to maintain public roads.

However, councils have a powerful legal defence under Section 58 of the same Act. This defence allows them to argue that they took "such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic."

In plain English: if the council can show they had a reasonable system of inspection and repair in place, and that they were not aware of the specific pothole that damaged your vehicle (or had not had a reasonable time to fix it since becoming aware), they can legally reject your claim.

A Step-by-Step Guide to Making a Council Claim

Success is not guaranteed and depends entirely on meticulous evidence gathering. You must be organised and persistent.

1. Prioritise Safety: If the impact causes a puncture or other serious issue, pull over only when it is safe to do so. Use your hazard lights and, if on a busy road, exit the vehicle from the passenger side, away from traffic.
2. Gather Evidence at the Scene (Only if Safe):
   • Take Detailed Photographs: Use your smartphone. Capture the pothole from different angles, showing its position in the road.
   • Show the Scale: Include a familiar object in the photo for scale, such as a shoe, a drink can, or a tape measure. This helps prove it was a significant defect.
   • Measure It: If you can do so safely, measure the pothole's depth and width. A depth of 40mm (about 1.5 inches) is often the minimum threshold councils consider actionable.
   • Pinpoint the Location: Be extremely precise. Use your phone's GPS map, note the road name, town/city, and any nearby landmarks like lamppost numbers, house numbers, or side roads. A precise location prevents the council from claiming they couldn't find the defect.
3. Collect Supporting Documents:
   • Get Repair Quotes: Obtain at least two, preferably three, detailed written quotes for the repair work from reputable garages.
   • Keep All Receipts: If you must carry out the repairs immediately to keep your vehicle roadworthy, keep all invoices and receipts. Ask the garage to state on the invoice that the damage was consistent with a pothole impact.
   • Keep Damaged Parts: If possible, keep the damaged tyre or wheel as further evidence.
4. Identify and Submit Your Claim:
   • Use the official gov.uk "Report a Pothole" service to find the correct authority for the road in question.
   • Follow the authority's formal claims procedure, which is usually found on their website. Submit a clear, polite, and factual letter or online form detailing the incident and enclosing all your evidence.

Council Claim vs. Insurance Claim: A Clear Comparison

Deciding which route to take is a critical financial decision. This table breaks down the pros and cons.

Using Your Car Insurance: When and How to Make a Pothole Claim

If the council rejects your claim, or if the damage is so severe that you need your vehicle repaired immediately, you may have to claim on your motor insurance UK policy.

The Legal Minimum: Understanding Your UK Motor Insurance Cover

In the UK, it is a legal requirement for any vehicle used on a public road to have at least Third Party Only insurance. The level of cover you have is critical in determining if you can claim for pothole damage.

• Third Party Only (TPO): This is the most basic level required by law. It covers any liability for injury to other people (third parties) or damage to their property. It provides no cover for damage to your own vehicle.
• Third Party, Fire & Theft (TPFT): This includes all TPO cover, plus protection if your own vehicle is damaged by fire or is stolen. It does not cover accidental damage, including from potholes.
• Comprehensive: This is the highest level of cover. It includes everything in TPFT, but crucially, it also covers accidental damage to your own vehicle, even if the incident was your fault.

Pothole damage is classed as 'accidental damage', so you can only make a claim if you have a Comprehensive policy.

For businesses, a comprehensive fleet insurance policy is vital. It centralises cover for all company vehicles, simplifying administration and ensuring that every van, car, or HGV is protected against operational risks like pothole damage.

Key Insurance Terms You Must Know

Before you call your insurer, you must understand how a claim will affect your policy.

• An 'At-Fault' Claim: Hitting a pothole is a single-vehicle incident. As there is no other driver (a third party) from whom your insurer can recover the costs, it is recorded as an 'at-fault' claim on your record. This is true even though you were not to blame for the pothole's existence.
• The Policy Excess: This is the fixed amount you agreed to pay towards any 'at-fault' claim when you took out the policy. It is made up of a compulsory excess set by the insurer and a voluntary excess you chose to add. If the repair bill is £900 and your total excess is £400, your insurer will pay £500. You cannot claim if the repair cost is less than your excess.
• The No-Claims Bonus (NCB) / No-Claims Discount (NCD): This is one of the most significant discounts applied to a motor policy, earned for each consecutive year without a claim. An 'at-fault' pothole claim will typically reduce a five-year NCB down to two or three years, or wipe it out entirely. This will cause a substantial increase in your premium at renewal.
• Optional Extras:
  • Protected No-Claims Bonus: An add-on that allows one or sometimes two 'at-fault' claims in a set period without your NCB level being reduced. However, your base premium will still likely increase because you no longer have a claim-free record.
  • Legal Expenses Cover: This can be useful if you wish to pursue a complex civil case against a council for damages, but it is not typically used for the initial claim process.

The Financial Calculation: Should You Actually Claim?

This is the most important question. Before you act, do the maths.

1. Cost of Repair: Get a firm quote.
2. Policy Excess: Find the total excess in your policy schedule.
3. Loss of NCB: Consider the financial impact over the next 3-5 years as you rebuild your discount.

Real-World Example:

• Repair Cost: £750 (a new alloy wheel and tyre).
• Your Total Excess: £350.
• Insurer Payout: £400.
• The Hidden Cost: You lose your 6-year NCB (worth a 65% discount). Your premium of £450 could jump to over £800 at renewal. The extra £350 in premium for the next year alone almost cancels out the insurer's payout. Over three years, you will have paid far more in extra premiums than the £400 you received.

Conclusion: It is almost always better to pay for minor to moderate pothole repairs yourself. You should only consider an insurance claim for very expensive damage that runs into thousands of pounds, making the immediate payout worthwhile despite the long-term premium consequences.

Proactive Pothole Prevention: Tips for Drivers and Fleet Managers

While you can't fix the roads, you can significantly reduce your risk of damage by adapting your driving and maintenance routines.

Safer Driving Techniques to Avoid Damage

• Look Ahead: Scan the road far ahead, not just over the bonnet. This gives you more time to spot and safely manoeuvre around defects.
• Maintain Safe Following Distance: Don't tailgate. A good gap to the vehicle in front gives you a clear view of the road surface and time to react.
• Reduce Speed on Poor Surfaces: If you know a road is in bad condition, or on unlit rural roads at night, simply slowing down will reduce the impact force dramatically if you do hit a pothole.
• Be Wary of Puddles: Standing water can easily conceal deep, sharp-edged potholes. Where safe, steer around them rather than driving through the middle.
• Brake Before, Not In: If an impact is unavoidable, brake firmly before the pothole and try to release the brake just as you go over it. This allows the suspension to decompress and absorb the impact more effectively, rather than being locked and transferring the shock.
• Hold the Wheel Firmly: A sharp impact can jolt the steering wheel. Keep a firm two-handed grip to maintain control.

Essential Vehicle Maintenance Checks

• Tyre Pressures: This is your number one defence. Correctly inflated tyres provide a vital air cushion. Check them at least every two weeks and before long journeys. Under-inflated tyres are far more likely to be damaged.
• Wheel Alignment: If your vehicle feels like it's pulling to one side, get the tracking checked immediately. Consider having it checked as part of your annual service, especially if you regularly use poor-quality roads.

The Role of Fleet Management and Telematics

For businesses running vehicle fleets, potholes represent a significant operational and financial risk. A single incident can take a vehicle off the road, causing delivery delays and repair costs.

• Driver Training: Educate drivers on the defensive driving techniques listed above.
• Telematics: Modern fleet insurance policies often incorporate telematics. This data can identify drivers who are repeatedly braking harshly or speeding on poor-quality roads, allowing for targeted training to reduce risk.
• Regular Vehicle Checks: Implement mandatory daily or weekly checks for drivers to report any potential issues like tyre bulges or unusual handling before they escalate.

Choosing the Right Motor Insurance in a Pothole-Ridden UK

The state of our roads makes choosing the right vehicle cover more important than ever. The cheapest policy is rarely the best car insurance provider for your needs if it comes with a sky-high excess or excludes important features.

At WeCovr, we are an FCA-authorised broker that specialises in helping UK motorists and businesses find policies that offer genuine value and protection. We compare policies from a wide panel of leading insurers to find the right balance of comprehensive cover and a competitive price. Our expert team can help you understand the details, from protected NCB options to the benefits of specialist fleet insurance.

We have a proven track record, reflected in our high customer satisfaction ratings, and can also offer discounts on other policies when you purchase motor or life insurance through us, adding further value.

Don't let a pothole ruin your day or your finances. Ensure you have the right protection. Get a fast, free, and competitive quote from the experts at WeCovr today and drive with confidence.