Pothole Claims UK

The Authority's Duty and Its Defence

Direct Answer: Under section 41 of the Highways Act 1980 a highway authority must maintain the road, but section 58 gives it a defence if it proves it took such care as was reasonably required to secure that the road was not dangerous.

In practice the council will produce its inspection frequency, the last inspection date, its intervention criteria (many use a depth threshold such as around 40mm, though that is a guide, not a legal test) and its repair records. The claim often turns on whether the defect was known or should have been found, and whether repair was reasonably prompt.

A pothole that was reported to the council earlier, or that appears in inspection records, is much harder for the council to defend. Check the council's public fault-reporting site, and screenshot any earlier reports.

Injury Claims v Vehicle Damage Claims

A personal injury caused by a pothole, for example a cyclist thrown off a bike or a pedestrian tripping in a carriageway defect, has a three-year time limit under the Limitation Act 1980. A claim for damage to your car, such as a tyre or suspension repair, is a property damage claim with a longer six-year limit, but is often small enough to be brought through the small claims track without a solicitor.

Evidence That Wins Pothole Claims

Gather evidence before the council repairs the road:

• Photographs of the pothole with a ruler or coin for scale, and of the surrounding road
• The exact location and the date and time of the incident
• Your repair invoices, or medical evidence for an injury
• Any earlier reports to the council, or evidence others complained
• Witness details, and dashcam footage if you have it