Millions of motorists urged to use claims loophole for vehicle damage caused by poor UK roads

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GB NEWS
Hemma Visavadia

By Hemma Visavadia


Published: 28/05/2025

- 17:47

Drivers can claim compensation through their local councils for pothole damage

Millions of drivers have been urged to claim compensation for vehicle damage caused by poor UK road conditions through not-well-known measures, which could save them thousands in repair costs.

It comes after research revealed that motorists have been unaware that they could seek damages from local councils or road authorities when their cars are damaged by poor road conditions.


The findings highlighted a significant knowledge gap among UK drivers who have increasingly been faced with costly repairs due to the deteriorating road infrastructure.

Many affected motorists have been unknowingly absorbing repair costs that could potentially be recovered through a legal claims procedure.

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Car driving over a pothole

Experts found that drivers were unaware they could claim compensation from their local authority

PA

The survey revealed that a staggering 83 per cent of motorists who have experienced pothole damage have been paying repair costs from their own pockets, with only six per cent claiming through their insurance companies.

This pattern persists despite drivers having legitimate rights to compensation from local authorities.

The reluctance to pursue council claims stems partly from widespread rejections, with many local authorities turning down the majority of compensation requests.

These rejections often rely on a controversial provision in the Highways Act 1980, which permits councils to refuse claims if they can demonstrate they were unaware the pothole existed before the incident.

This legal loophole has created a significant barrier for drivers seeking compensation, leaving many to absorb substantial repair costs despite the damage being caused by inadequate road maintenance.

Potholes across England are showing a dramatic 40 per cent year-on-year increase on average, multiplying faster than repair efforts can keep pace.

The deteriorating road conditions pose both safety and financial concerns for millions of drivers who encounter these hazards daily.

Despite the widespread nature of the problem, 59 per cent of drivers surveyed admitted they don't report potholes to local authorities.

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Pothole on UK roadPothole damage to vehicles have increased by a fifth from last yearPA

Greg Wilson, CEO of Quotezone, said: "We encourage motorists to report any potholes in their local area, even if they haven't had an accident, to help the council preemptively recognise the need for repairs in problem areas and hopefully prevent damage to vehicles."

Experts have now urged drivers to take specific steps to strengthen their compensation claims when pothole damage occurs.

Before claiming from the local council, motorists should gather comprehensive evidence to prove the damage was caused by a road defect.

Wilson advised drivers to record where and when the incident occurred and take photographs if safe to do so, noting the size and location of the pothole.

The pothole in question normally needs to be at least 40mm deep to qualify for compensation claims.

Witnesses to the incident and evidence from a trained mechanic can significantly help strengthen the case, he suggested.

Pothole on roadDrivers spend roughly £500 on fixing pothole-related issuesPA

For drivers whose claims are rejected, comprehensive car insurance policies typically cover pothole damage as standard.

However, Wilson warned that pursuing this route comes with important considerations regarding policy terms.

"If drivers have tried to claim through the local council and been turned away, they can look to their insurance provider for protection," he said. "If the policy is fully comprehensive, then pothole damage is normally covered as standard."