TL;DR: Too long, Didn’t read
The Law: Councils have a legal duty to maintain roads (Highways Act 1980). If they fail, they owe you money.
The “Section 58” Defence: The Council will likely reject your first claim, saying they inspected the road recently. This is standard.
Evidence is Key: You need photos of the hole (with a ruler/object for scale), photos of the damage, and the exact location.
The Secret Weapon: Ask for their “Inspection Logs.” If they missed a scheduled check, they are liable.
You are driving home in the dark. BANG. You hit a crater in the road. The steering wheel shakes, and you hear the hiss of a flat tyre. A new tyre costs £150. A cracked alloy is £400. Suspension damage? Even more.
Most drivers swear, pay the garage, and move on. Don’t. The road is the Council’s responsibility. If they broke it, they should pay for it.
The Law: Highways Act 1980
Under the Highways Act 1980, the local authority (usually the County Council or Highways England) must maintain the roads.
If a pothole causes damage, you can claim the cost of repairs.
But: They are not liable for every hole. They are only liable if they were negligent.
Step 1: Gather Evidence (At the Scene)
If it is safe to do so, stop and get proof. Without this, you will lose.
Take Photos: Get close-ups of the hole and wide shots of the road location.
Show Scale: Put a generic object (like a juice bottle, coin, or shoe) in the hole to show how deep it is. (Councils often ignore holes shallower than 40mm—about the height of two 20p coins).
The Damage: Photograph your tyre, wheel rim, and mileage.
Step 2: The Garage Report
Do not just send a credit card receipt. Ask your mechanic to write a single line on the invoice:
“Damage consistent with heavy impact, e.g., a pothole. Tyre sidewall split.” This stops the Council from arguing that your tyre was just “old” or “worn.”
Step 3: Submit the Claim
Go to the relevant Council’s website (Google “Report a Pothole [Your County]”). Fill in the form, attach the photos, and upload the mechanic’s invoice.
Step 4: The Rejection (Section 58)
Wait 4 weeks. You will likely get a letter saying:
“We are sorry, but we inspected this road 3 months ago and found no defects. Therefore, under Section 58, we are not liable.”
Do not give up. This is their standard defence.
The Rule: They must inspect busy roads monthly and quiet roads annually.
Your Reply: Write back and ask for the Inspection Logs.
If the last inspection was 13 months ago (on a road meant to be checked yearly), they were negligent. You win.
If someone else reported that same hole 2 weeks before you hit it, they knew about it and didn’t fix it. You win.
A Quick Story: Meet Gary
Gary hits a pothole on the High Street. It ruins his suspension (£300).
The Council rejects his claim, saying they inspected the road 6 months ago.
Gary fights back: He submits a Freedom of Information (FOI) request for reports on that road.
The Truth: He finds out that two other drivers reported the same hole a week before Gary hit it.
The Verdict: Because the Council knew about the hole and didn’t fix it in time, their “Section 58” defence failed. Gary got his £300 back.
Summary: Be Persistent
Councils rely on you giving up after the first “No.”
Report it.
Claim it.
Demand the logs.
(Sources: MoneySavingExpert – Pothole Claims, Gov.uk – Report a Pothole)
This guide is for information purposes only. Compensation is never guaranteed and depends on the Council’s inspection schedule.