RAC: heatwave has baked the roads, and how to claim for damage

The warning

Source: RAC, 16 September 2026.

The RAC has warned that this summer's heatwaves and record temperatures are likely to cause already poor road surfaces to break down further, creating even more potholes. In a news release dated 16 September 2026, the motoring organisation set out the mechanism by which hot, sunny weather damages asphalt, and said the effect arrives on top of a road network it already describes as fragile.

The RAC says intense ultraviolet radiation chemically ages the bitumen used to bind aggregates together to create roads. Combined with roads absorbing greater heat from the sun, this speeds up oxidation, causing asphalt to become brittle and crack as it cools. The RAC likens this to the way sunlight dries and cracks old paint or rubber. Simon Williams, RAC head of policy, said: 'As UV and heat oxidise the bitumen binder in asphalt, it becomes harder and less flexible which leads to cracking. Then water penetrates cracks and as vehicles drive over them, the surface breaks and potholes start to appear. This is the last thing our already fragile roads needed.'

Williams added: 'Potholes are often associated with cold or wet winters, but prolonged periods of hot, sunny weather also takes its toll on the roads. Intense UV exposure and heat gradually oxidise the bitumen that binds asphalt together, making surfaces more brittle and prone to cracking. Once cracks develop, traffic and later rainfall can quickly turn them into serious defects.' The context is a summer that was provisionally declared the hottest UK summer on record, with five heatwaves and a high of 38.1C recorded at Kew Gardens in south-west London.

What drivers report

The RAC Report on Motoring 2026, published alongside the warning, records how drivers view the state of the network. It found that 51 percent of drivers say the condition of local roads is their biggest motoring concern, up from 47 percent a year earlier. That makes road condition the single most cited worry among those surveyed, ahead of the other motoring issues the report tracks.

The same research found that 66 percent of drivers say roads in their area have deteriorated over the past 12 months. On day to day experience of defects, 83 percent say they encounter potholes on most journeys, and more than half say they meet them every time they drive. The figures describe a network where potholes are not an occasional hazard but a routine feature of ordinary journeys for most drivers.

Taken together, the two sets of findings frame the RAC's warning. The report shows how widely drivers already meet potholes and how far they rate road condition as a concern, while the heatwave analysis explains why the organisation expects surfaces to break down further. The RAC press office can be contacted at press.office@rac.co.uk.

KT: claiming for pothole damage

Councils have a duty under section 41 of the Highways Act 1980 to maintain the highway. A claim for pothole damage is made to the highway authority responsible for the road in question. For most local roads that is the council. National Highways is responsible for motorways and major A roads in England, so a claim arising on one of those routes goes to National Highways rather than to a local authority.

Evidence matters more than the wording of the claim. Photographs of the pothole with something in frame for scale, the exact location, and the date and time all help establish what happened. Keep the repair invoice, and where possible obtain an engineer's note linking the damage to an impact. That note is what connects a broken tyre, wheel or suspension component to the defect rather than to wear or a separate incident.

Section 58 of the Highways Act 1980 gives a highway authority a defence where it can show it had taken such care as was reasonably required to secure that the part of the highway was not dangerous to traffic, including its inspection and repair regime. This is why many claims are refused. It is also why asking the authority for the inspection and repair records for that stretch of road matters: those records are the evidence that tests whether the Section 58 defence holds. If the claim is refused, the next step is the small claims track of the county court.

Insurance, and when not to claim

Comprehensive motor insurance generally covers pothole damage. The catch is how the claim is recorded. A claim where no third party pays out is recorded as a fault claim and can affect the no-claims discount. Unless the council pays out, a pothole claim therefore sits on the policy as a fault claim, which is why the decision is not automatic.

The arithmetic often decides it. The excess and the lost no-claims discount can exceed the cost of a tyre or alloy repair. Getting a quote for the repair before deciding whether to claim gives a figure to compare against those costs. For smaller damage, paying directly and preserving the no-claims discount can leave a driver better off than claiming.

Separately from any claim, reporting the pothole to the council or through Street Manager creates a record. That record matters for two reasons. It puts the authority on notice about the defect, and it helps the next driver who hits the same pothole, because the inspection and repair history for that stretch becomes part of the evidence any later claim relies on.

What is changing on repairs

The Department for Transport introduced new reporting requirements for English councils in June 2026. The requirements oblige councils to show they are actively fixing potholes and making roads more resilient. The scheme encourages full resurfacing over temporary repairs, shifting the emphasis from repeated patching towards work that lasts.

There is a funding consequence attached. Councils that fail to demonstrate effective road maintenance could lose up to a third of their funding. That gives the reporting requirements teeth, and it links the condition of local roads directly to the money authorities receive for maintaining them.

For drivers, the practical effect is a clearer paper trail. Councils must now evidence what they are doing, which in turn feeds into the inspection and repair records that matter when a claim is made under the Highways Act 1980. The RAC's warning about heat-damaged surfaces, and its finding that 83 percent of drivers meet potholes on most journeys, sit against a repair regime that is now expected to show its work.

Related coverage on Kael Tripton: Black box car insurance: what the telematics device records, how it changes your premium and your data rights, Temporary car insurance in the UK: the legal rules, who can use it and what it does to your no-claims, Protected No Claims Discount UK: What It Covers and What It Does Not, No Claims Discount UK: How It Works, Protected NCD and Transfer Rights, What Does Breakdown Cover Include? Tyres, Punctures, Repairs and Recovery.

Frequently asked questions

Who is responsible for pothole damage claims?

Claims are made to the highway authority responsible for the road. For most local roads that is the council. National Highways is responsible for motorways and major A roads in England.

What does section 41 of the Highways Act 1980 require?

Section 41 places a duty on the highway authority to maintain the highway.

What is a Section 58 defence?

Section 58 of the Highways Act 1980 gives a highway authority a defence where it can show it had taken such care as was reasonably required to secure that the part of the highway was not dangerous to traffic, including its inspection and repair regime. It is why many claims are refused.

What evidence should be gathered for a pothole claim?

Photographs of the pothole with something for scale, the exact location, date and time, the repair invoice and, where possible, an engineer's note linking the damage to an impact. Asking for the inspection and repair records for that stretch also matters.

What happens if the council refuses the claim?

A refused claim can be pursued through the small claims track of the county court.