The Impact of Potholes

As the weather (we hope) becomes more spring-like we are starting to see what damage has been inflicted on our road surfaces by the cold weather. Even though winter has been much milder than usual, frost and snow will have done their work. When water gets into cracks that are already in the road surface and freezes, it expands. This creates larger holes and, eventually, potholes. In turn, potholes can cause damage to vehicles and, sadly, accidents.

What can you do if your vehicle is damaged by a pothole or, worse, you are injured because of an accident caused by one? If you have comprehensive car insurance you may be able to claim the cost of repairs. But you might be able to make a claim for compensation. Responsibility for maintaining a safe road surface lies with the relevant highway authority and is governed by the Highways Act 1980. The relevant highway authority is usually (with some exceptions) the local council or, depending on the status of the road, National Highways, the government agency responsible for motorways and major A roads. So if you have suffered vehicle damage or injury you may be able to make a claim. There is no automatic right to compensation though. Section 58 of the Highways Act will give the relevant highway authority a defence if it can show that it has been operating a reasonable system to inspect the highway and to repair any serious defects that are found. How often those inspections should take place will depend on how busy the road is. You will also need to prove that it was the pothole that caused the damage. Take photographs of it if you can do that safely, ideally with a rigid ruler in place to show depth and width, and report your claim as promptly as you can.

The contents of this post do not constitute legal advice and are provided for general information purposes only.