Table of Contents
1. Collect evidence
If you are a motorist looking to file a claim for a repair bill for pothole-related damage, or a cyclist filing a personal injury or damage claim after hitting one on the road, the first step is to take note of where find the pothole, the time and date of the incident and take a photograph of the pothole.
A pothole must be at least 2 inches deep for city councils to consider it a pothole.
And it is not just the depth and size of the pothole that city councils will try to use to refuse to pay compensation.
Local authorities can defend a claim if they successfully argue that the pothole was not an obvious hazard, or if they were not aware of it, despite having a reasonable system of inspection and repair.
To improve your chances of having a successful claim, it is It will help show whether the pothole was an obvious hazard or not.
Where possible, take photographs at the scene, in case the council repairs the pothole before you can return to take them.
If you did not do this at the time of the incident, you can return to the scene to take photographs.
You should also take photographs of the damage the pothole has caused to your vehicle (or yourself, if you have been injured).
If possible, take your car to a shop and ask for a written mechanical report on the projected cost to fix the problem caused, or if your engine is undrivable, call a trusted repair center and ask for a quote.
2. Find out who is to blame
To file a compensation claim, you must first know who should pay.
If the pothole is on a motorway or main road, it is most likely a National Highways (formerly Highways of England) problem.
For local roads you will need to investigate which council is responsible.
Once you have identified the party you need to contact, request a copy of the road maintenance schedules and the number of incidents reported on the particular road over the previous 14 days as evidence that the road has not received proper maintenance or that a pothole has been reported. It has not been addressed.
3.Make the claim
You will need to make a formal complaint to your local authority or National Highways and most responsible parties will have a template you can request from them.
4. What to do if you receive (or don’t) a compensation offer
After you make your claim, you must be notified if you will be awarded compensation.
You can still reject the value of the offer if you believe it is not sufficient, especially if you have evidence that the pothole had already been reported but the responsible party had not acted to rectify it.
If the council refuses compensation, you can seek legal advice or bring a case to court.
However, this could be time-consuming and will probably only be worth it if the repair bill is substantial.
5. Final option: Make a claim through your insurance
If you have comprehensive coverage, you can claim pothole damage on your insurance policy.
However, it is worth considering the cost of the damage, as well as any overpayments and whether this action will affect your no-claims bonus.
