UK Pothole Damage Claims Guide

Hit a Pothole? Your Essential Guide to Claiming for Car Damage in the UK and Protecting Your No Claims Bonus

The jarring thud of hitting a pothole is a sound every UK driver dreads. With our roads in a challenging state, damage from potholes is a growing concern. This expert WeCovr guide to UK motor insurance claims explains how to seek compensation for damage. As an FCA-authorised broker, we are dedicated to helping you navigate the claims process, understand your policy, and protect your hard-earned No Claims Bonus.

Potholes are more than just an annoyance; they can cause serious and expensive damage to your vehicle. From buckled wheels and damaged tyres to misaligned steering and broken suspension components, the repair bill can quickly run into hundreds, or even thousands, of pounds. This guide provides a comprehensive, step-by-step process for what to do after hitting a pothole, whether you're a private car owner, a motorcyclist, or a fleet manager responsible for multiple vehicles.

The UK's Pothole Problem: A National Issue

The poor condition of Britain's roads is not just a perception; it's a reality backed by stark figures. Understanding the scale of the problem helps contextualise why so many drivers face this issue annually.

According to the Asphalt Industry Alliance (AIA) in their 2024 ALARM survey, the situation is critical:

• The Backlog: It would now cost an estimated £16.3 billion to fix the backlog of road repairs in England and Wales. This is a significant increase from previous years, highlighting a deepening crisis.
• Repair Frequency: Local authorities in England and Wales reported filling over 2 million potholes in the 2023/24 period. That's one pothole repaired every 22 seconds.
• Breakdowns: The RAC reports consistently high numbers of breakdown callouts for pothole-related damage, such as distorted wheels, broken shock absorbers, and damaged suspension. These callouts typically peak in the months following winter, as freeze-thaw cycles worsen existing road defects.

This data confirms that your experience is not isolated. Thousands of drivers across the UK are in the same position, facing unexpected repair costs due to the state of the roads.

First Steps: What to Do Immediately After Hitting a Pothole

Your actions in the moments after hitting a pothole are crucial, both for your safety and for the strength of any future claim.

1. Prioritise Safety: First and foremost, check your vehicle's handling. Does the steering feel strange? Is the car pulling to one side? If you suspect any damage, pull over as soon as it is safe to do so. Find a safe, well-lit location away from traffic. Switch on your hazard lights.
2. Assess the Damage: Carefully inspect your car. Look for visible damage to the tyres (bulges, cuts, deflation), the wheels (cracks, dents, buckling), and underneath the car if possible. Do not put yourself in danger by checking underneath the vehicle on a busy road.
3. Document the Scene (If Safe): Evidence is the cornerstone of a successful claim. If you can do so without endangering yourself or others, return to the pothole and gather evidence.

Gathering Your Evidence: The Key to a Successful Claim

A well-documented claim is much harder to reject. Whether you claim from the council or your insurer, thorough evidence is non-negotiable.

Top Tip: Keep all your evidence organised in a dedicated folder, both physical and digital. This will make the claims process much smoother.

Your Two Routes to Compensation: Council or Insurer?

When your vehicle is damaged by a pothole, you have two primary options for seeking compensation. The best choice depends on the severity of the damage, the cost of repairs, your insurance policy details, and your willingness to handle the administrative work.

Route 1: A Detailed Guide to Claiming from the Council

Claiming directly from the body responsible for road maintenance can be a successful way to recover your costs without affecting your motor insurance policy. However, it requires patience and preparation.

Step 1: Identify the Responsible Authority

Not all roads are managed by the same body. You need to identify who is legally responsible for maintaining the road where the incident occurred.

• Motorways and Major A-Roads: In England, these are managed by National Highways. In Scotland, it's Transport Scotland; in Wales, the Welsh Government; and in Northern Ireland, the Department for Infrastructure.
• Most Other Roads (B-roads, C-roads, and unclassified local roads): These are the responsibility of the local council for that area (e.g., Surrey County Council, Manchester City Council).

You can usually find the correct authority by using the postcode of the incident on the official GOV.UK "Report a Pothole" service, which will direct you to the right place.

Step 2: Understand the Legal Basis of Your Claim

Your claim is based on the authority's legal duty to maintain the road under Section 41 of the Highways Act 1980. This states they have a duty to "maintain the highway".

However, the authority can defend itself using Section 58 of the same Act. This defence argues 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 simple terms, if they can prove they have a reasonable system of inspection and repair in place and were not aware of that specific pothole before your incident, they may not be liable.

Step 3: Submitting Your Claim

Once you have your evidence pack ready, you can submit the claim.

1. Write a formal letter or email. Address it to the claims department of the responsible authority. Many councils now have dedicated online portals for submitting these claims.
2. State your case clearly. Outline the date, time, and exact location of the incident.
3. Describe the damage to your vehicle and how it occurred.
4. State that you hold them responsible due to their failure to maintain the road under Section 41 of the Highways Act 1980.
5. Include all your evidence: Attach copies of your photos, measurements, witness details, and garage quotes. Do not send original documents.
6. Specify the amount you are claiming. This should be the total cost of the repairs.

Step 4: Handling the Response and Potential Rejection

The authority will investigate your claim by checking their records. They will look at when the road was last inspected and whether the pothole had been previously reported.

• If your claim is accepted: They will offer you a settlement. Ensure it covers all your costs before accepting.
• If your claim is rejected under Section 58: Do not give up immediately. You can challenge their defence. Write back and ask for copies of their road inspection records for that specific stretch of road, including the dates and outcomes of inspections for the past year. If their records show a long gap between inspections or that the defect was known but not repaired in a timely manner, you can use this to counter their defence.

If the council still refuses your claim and you are confident in your case, your final option is to pursue it through the small claims court.

Route 2: Claiming on Your Motor Insurance Policy

Sometimes, claiming on your own motor insurance is the more practical or only viable option, especially for high-value repairs.

When to Claim on Your Insurance

• The damage is extensive and the repair cost is very high (e.g., thousands of pounds).
• The cost of repair significantly exceeds your policy excess plus the likely increase in your future premiums.
• The council has rejected your claim, and you don't wish to pursue it further.
• You need your car repaired quickly and cannot wait for the council claim process, which can take months.

The Process of Claiming on Your Policy

1. Contact your insurer: Call their claims helpline as soon as possible. Most insurers have a 24/7 line.
2. Provide the details: Explain what happened, giving the date, time, and location.
3. Arrange for inspection and repair: Your insurer will advise you on the next steps. This usually involves taking your car to one of their approved garages for an assessment and repair.
4. Pay your excess: You will need to pay the compulsory and voluntary excess on your policy. The insurer pays the rest of the repair cost. For example, if your total excess is £500 and the repair bill is £1,500, you pay £500, and the insurer pays £1,000.

The Impact on Your No Claims Bonus (NCB) and Premiums

This is the biggest drawback of claiming on your insurance.

• No Claims Bonus (NCB): A pothole claim is typically treated as a "fault" claim because there is no third party to recover the costs from. This means you will lose a portion, or all, of your NCB. The standard step-back rule is to lose two years' worth of bonus for one claim.
• NCB Protection: If you have paid extra for NCB Protection, you can make a certain number of claims within a period (usually two claims in three years) without your bonus level being reduced. However, this does not prevent your overall premium from rising.
• Premium Increase: Insurers calculate premiums based on risk. A claim on your record, even with protected NCB, signals a higher risk. Consequently, your base premium is almost certain to increase at your next renewal.

An expert broker like WeCovr can be invaluable here. If you've had to make a claim, we can help you compare quotes from a wide range of insurers to find the best car insurance provider for your new circumstances, ensuring you don't overpay at renewal.

The Foundation: Understanding Your Motor Insurance

Every driver in the UK must have motor insurance. It's a legal requirement that provides financial protection for you and others. Understanding your cover is vital before you ever need to make a claim.

It is a legal offence to drive or own a vehicle without at least third-party insurance in the UK.

There are three main levels of cover:

Business and Fleet Insurance

For businesses, the obligations are similar but scaled up. Fleet insurance is a type of business motor insurance that covers all the vehicles owned by a company under a single policy. This simplifies administration and can be more cost-effective. A fleet policy must provide at least third-party cover for all vehicles. Most businesses opt for comprehensive fleet insurance to protect their valuable assets from all risks, including pothole damage. WeCovr specialises in finding competitive and comprehensive fleet insurance policies tailored to the unique needs of your business.

Key Insurance Terms Explained

• Excess: The fixed amount you agree to pay towards any claim. It's made up of a compulsory excess set by the insurer and a voluntary excess chosen by you. A higher voluntary excess can lower your premium, but you must be able to afford it.
• Optional Extras: These can be added to your policy for enhanced protection:
  • Legal Expenses Cover: Can be extremely useful if you need to pursue a pothole claim against a council in the small claims court.
  • Breakdown Cover: Provides roadside assistance if the pothole damage leaves you stranded.
  • Courtesy Car: Gives you a replacement vehicle while yours is being repaired.

Common Pothole Damage and Typical Repair Costs

Pothole impacts send a violent shock through your car's wheel and suspension system. The costs can vary wildly depending on the car's make and model and the severity of the impact.

Note: These are illustrative costs and can be significantly higher for premium or specialist vehicles.

Prevention is Better Than Cure: How to Avoid Pothole Damage

While you can't control the state of the roads, you can adopt driving habits to minimise your risk.

1. Stay Alert and Scan Ahead: Look well down the road, not just at the car in front. This gives you more time to spot and react to hazards like potholes.
2. Maintain a Safe Following Distance: Don't tailgate. A good gap gives you a better view of the road surface ahead and more time to react.
3. Avoid Puddles: Standing water can easily hide deep, dangerous potholes. Steer around them if it's safe to do so.
4. Check Tyre Pressures: Properly inflated tyres are more resilient to impacts. Check your tyre pressures weekly and ensure they match the manufacturer's recommendation.
5. Slow Down: If you can't avoid a pothole, reduce your speed as much as possible before you hit it. Do not brake heavily while going through the pothole, as this can compress the suspension and increase the force of the impact.

Special Considerations for EV and Fleet Owners

Electric Vehicles (EVs)

EVs are typically heavier than their internal combustion engine (ICE) equivalents due to their large battery packs. This extra weight can place more strain on suspension and tyres during a pothole impact, potentially leading to more significant damage. EV tyres can also be more specialised and expensive to replace. When insuring an EV, it's crucial to have a comprehensive policy that understands these unique factors.

Fleet Managers

For a business, a vehicle off the road means lost revenue. Fleet managers should:

• Educate Drivers: Train drivers on spotting and avoiding potholes and the correct procedure to follow if an incident occurs.
• Implement Regular Checks: Encourage drivers to perform daily walk-around checks of their vehicles, paying close attention to tyres and wheels.
• Have a Clear Policy: Establish a clear company policy for reporting damage and handling claims to ensure consistency and efficiency.
• Optimise Fleet Insurance: Work with a specialist broker like WeCovr. We can help you secure a fleet insurance policy that includes comprehensive cover for accidental damage, minimising vehicle downtime and protecting your business's bottom line. WeCovr customers can also benefit from discounts on other business insurance products.

Navigating a pothole damage claim can be a frustrating process, but being armed with the right knowledge and a robust motor insurance policy makes all the difference. Whether you decide to pursue the council or claim on your insurance, a methodical approach and thorough evidence are your greatest assets.

At WeCovr, we have helped over 800,000 policyholders find the right protection. Our high customer satisfaction ratings reflect our commitment to clear, expert advice. We are here to help you find a motor insurance UK policy that fits your needs, from private cars and motorcycles to complex commercial fleets.

Don't let a pothole derail your finances. Get a competitive, no-obligation motor insurance quote from WeCovr today and drive with the confidence that you're properly protected.