Record rise in pothole breakdowns as roads `resemble…

Although there is no guarantee that motorists will be able to claim any money back if their car is damaged, here is how to make a compensation claim for pothole damage: 

1. Collect your evidence: Make a note of the pothole’s location, the time and date you hit it and get a photo, if it’s safe to do so. 

Then take your car to a garage for the damage to be assessed and get the mechanic’s report in writing as you’ll need this when making your case. 

Remember, your case rests on the evidence you collect from the person you’re making a claim from so collect as much information as possible.

2. Who’s responsible? The next step is to work out who maintains the road as different authorities are responsible for maintaining certain types of roads. 

For example local roads, B roads and some smaller A roads are maintained by the local councils in England, Wales and Scotland. 

If you believe the council is responsible, you’ll need to prove they’ve been negligent which is difficult. 

Asking for copies of highway maintenance schedules and reports of incidents within 14 days of the accident will help to demonstrate that either the highway hasn’t been properly maintained or that a reported pothole problem hasn’t been addressed. 

It’s important to have the evidence which shows if the council had acted, the incident wouldn’t have occurred. 

3. Reporting it: Now you know who’s in charge you’ll need to lodge a formal claim – see if the relevant body has a template you can fill in. 

Include as much information as possible, including the mechanic’s report and repair costs and any photos you’ve taken.

4. Got an offer? Is the council’s offer acceptable, does it cover your costs? If not, go back to the council. 

You have a right to fair compensation if the council or Highways Agency has failed in its duty to keep the road in a fair state of repair. 

You also stand a better chance of settlement if the pothole has already been reported and the council hasn’t acted.

5. Offer rejected? If you feel your claim has been unfairly rejected, you can seek legal advice or make a case through the courts. 

However, this could be a time-consuming process and is likely to be worthwhile only if the repair bill is considerable.

6. Claiming through insurance: If you have comprehensive cover you can claim for pothole damage on your insurance however it’s worth considering the cost of the damage as well as your excess payments and if the claim will affect your No Claims Bonus.