How to claim compensation for cars damaged by potholes

Car owners should report potholes to the relevant council if they want to stand a good chance of claiming successfully for any future damage caused to their vehicles. Consumer motoring expert Honest John , founder of the eponymous independent car reviewing website, says that only one in 10 claims for damage caused by potholes have been approved by the Highways Agency and other highways authorities. He said: "Evidence suggests that cases are being rejected where a driver can't prove that a pothole was the source of the damage. Therefore, it is imperative that the driver goes through the proper channels to report the poor road conditions to the relevant council if they are going to be successful with their claim." Paul Watters, a spokesman for the AA agrees, saying that the Highways Agency uses a statutory defence that it may not be held liable provided they have done everything within reason to check the road system regularly, keep records and remedy weaknesses. This means that if a pothole has not been reported to the agency, it can deny all knowledge and responsibility. Drivers have similar problems in claiming for damage caused by new surfaces, Watters said: "Where tar and chippings surfaces have been laid, the highways authorities always absolve themselves by saying that they have put warning boards by the side of the roads, and that if problems have occurred it is because the drivers were going too fast and too close together." He also says drivers should report potholes and weaknesses in roads to the local council: most have website facilities to enable this. As a belt and braces step, Honest John also suggests that car owners report potholes to the websites fixmystreet.co.uk or potholes.co.uk . The websites will then report the pothole to the local council and post the details online for other drivers to see, making it a matter of record. If the pothole is not then filled within a reasonable time (Honest John suggests a week), then the council is responsible for any further damage it causes. Owners whose cars have already suffered damaged suspension or wheels can check if the holes have been reported to these websites – if it was, they have a case for compensation. More than 1.4m potholes were filled in the year to the end of March, including 121,000 in London, at a cost of £100m, according to the annual local authority road maintenance survey by the Asphalt Industry Alliance .