TL;DR
- Vehicle damage caused by a pothole on a public road may be recoverable from the relevant highway authority.
- Claims are made under Section 41 of the Highways Act 1980.
- Authorities can defend claims by demonstrating a reasonable system of inspection and repair was in place.
- Evidence is critical: photograph the pothole, measure its depth, keep all repair receipts.
- Small claims court is the typical route if the authority rejects a claim.
Can You Claim Compensation for Pothole Damage?
It is possible to claim compensation for vehicle damage caused by a pothole on a public road in England and Wales. Claims are made against the highway authority responsible for maintaining the road. For most roads this is the local council. For motorways and major A roads, the relevant authority is National Highways.
The legal basis for claims is Section 41 of the Highways Act 1980, which imposes a duty on highway authorities to maintain roads in a condition that is reasonably safe for ordinary traffic. However, Section 58 of the same Act provides a statutory defence for authorities that can demonstrate they had a reasonable system of inspection and repair in place and that the defect could not reasonably have been discovered and remedied before the accident occurred.
This defence means that not every pothole claim succeeds, even where genuine damage has been caused. The outcome depends on the size of the pothole, how long it had been present, the authority inspection schedule for that road type, and whether the authority had received prior reports of the defect.
What Evidence Do You Need?
Strong evidence substantially improves the prospect of a successful claim. The following steps should be taken as soon as possible after the incident.
Photograph the pothole from multiple angles, including a close-up showing its depth and width. Include a coin, ruler or other object to give scale. If it is safe to do so, measure the depth of the pothole: depths above 40mm are generally treated as actionable defects by most authorities, though individual authority standards vary.
Photograph any damage to the vehicle, including tyre, wheel, suspension or bodywork damage. Note the exact location of the pothole, including the road name, direction of travel and any nearby landmarks. Record the date and time of the incident. If any other drivers witnessed the incident or have struck the same pothole, their contact details may also be useful.
Obtain repair quotes and invoices from a garage. Keep all documentation including breakdown callout receipts if the vehicle was immobilised. If the vehicle suffered a tyre blowout, retain the damaged tyre as physical evidence of the impact rather than disposing of it immediately.
Check whether the pothole had been reported to the authority previously. Many councils publish pothole report data or have online portals where residents can check and submit reports. Evidence that the authority was aware of the defect and failed to act within a reasonable period strengthens a claim considerably.
How to Make a Claim
Identify the responsible authority. For local roads, this is the local council. The GOV.UK website provides a postcode lookup tool to identify the relevant council for any road. For motorways and major A roads, contact National Highways.
Submit a formal written claim to the authority setting out the date and location of the incident, the nature of the damage, the costs incurred, and the evidence gathered. Most councils have an online claims form or a dedicated claims team. Keep a copy of all correspondence and note the date of submission.
Authorities are not required to respond within a statutory timescale, but most aim to acknowledge claims within a few weeks and issue a decision within eight to twelve weeks. During this period the authority will typically investigate whether the pothole was known to them, whether it had been inspected recently, and whether any previous reports had been received.
If Your Claim Is Rejected
If the authority rejects the claim or offers less than the amount sought, the next step is the small claims court. Claims up to 10,000 pounds can be pursued through the small claims track in England and Wales, which is designed to be accessible without legal representation.
Before issuing court proceedings, a formal pre-action letter should be sent to the authority setting out the intention to pursue the matter through the courts if a satisfactory resolution is not reached within a specified period, typically 14 to 28 days. Many authorities settle at this stage to avoid the cost and administrative burden of defending a court claim.
The court fee for a small claim ranges from 35 pounds for claims up to 300 pounds to 105 pounds for claims between 1,500 and 3,000 pounds. The fee is recoverable if the claim succeeds. Legal costs are generally not recoverable in the small claims track, which is a factor to weigh when deciding whether to proceed.
Car Insurance and Pothole Damage
Comprehensive car insurance policies typically cover pothole damage, subject to the policy excess. Claiming on insurance is generally faster than pursuing a highway authority, but the claim will affect the no-claims bonus unless the driver is able to recover the excess and costs from the authority at a later date. Some insurers have a formal process for pursuing recovery claims against highway authorities on behalf of policyholders.
Drivers with policies that include a motor legal protection add-on may be able to use this cover to fund a claim against the highway authority, particularly if the claim amount is above the small claims threshold or if the driver wants professional assistance with the process.
New Government Pothole Guidance June 2026
The UK government published updated guidance on pothole repair standards and inspection regimes in June 2026, following sustained public and parliamentary pressure on road maintenance standards. The guidance sets out recommended intervention levels for pothole depth, inspection frequencies for different road categories, and performance reporting requirements for highway authorities. The guidance does not alter the legal framework under the Highways Act 1980 but provides a clearer benchmark against which authority practices can be assessed when considering a claim.
Frequently Asked Questions
How deep does a pothole need to be to make a claim?
Most highway authorities treat potholes of 40mm depth or more as actionable defects requiring repair. However, the threshold varies between authorities and the legal test under the Highways Act 1980 is whether the authority met a reasonable standard of maintenance.
How long does a pothole compensation claim take?
Most authorities aim to issue a decision within eight to twelve weeks of receiving a claim. Claims that proceed to the small claims court typically take three to six months from issue to resolution.
Can I claim for a pothole on a private road?
The Highways Act 1980 applies to public highways only. Damage caused by potholes on private roads is a matter between the driver and the road owner.
What if the council says they had no prior notice of the pothole?
The Section 58 defence does not require prior notice of the specific pothole. It requires the authority to demonstrate a reasonable system of inspection. If the road had not been inspected within the recommended interval, this weakens the defence.
Is there a time limit for making a pothole claim?
Claims are generally subject to a six-year limitation period under the Limitation Act 1980. However, it is strongly advisable to claim as soon as possible after the incident while evidence is fresh and before the pothole is repaired.
Sources: Highways Act 1980 s.41 | GOV.UK Report a pothole | National Highways
