The problem of potholes is something any UK driver will be aware of: poorly maintained roads are costing people a fortune in vehicle repairs.
You may not know that you can claim compensation if your vehicle has been damaged by potholes. Over the last three years Transport for London has paid out more than 2 million pounds!
Here we explain how to go about making a claim for pot hole damage to your car, van or bike.
Get evidence
The first thing you need if you are to claim is to gather evidence.
Generally, a pothole needs to be at least 40mm deep to be considered a hazard – so ensure that you take photos of the pothole, including its size and location, as well as the damage to your vehicle.
You’ll also need evidence that the pothole directly caused the damage to your vehicle. Take a picture of the damage to your car/bike or you as well as any repair charges.
If you have had to get your vehicle or bicycle repaired, get a report from the mechanic or garage detailing the damage and its cause. You could also consider getting witness statements from anyone who saw the incident – so if there are witnesses, make sure you get their contact details.
If possible, you could also see if the pothole has affected anyone else and make a joint claim, as this is a lot more powerful.
The organisation you contact about a pothole claim depends on where the road is and the type of road.
Local councils control 90% of the roads so they are your first port of call when it comes to reporting a pot hole. You can do this directly, or use resolver.co.uk to help you manage your case.
If the road is not maintained by the council they will tell you who you need to contact, such as the Highways Agency (motorways and A roads).
When reporting a pot hole it is essential to include the following information:
- What the damage was
- Why you think they are responsible
- The specific location where the damage took place – the road name and the nearest marker post number or feature which identifies the part of the road you were on
- The date and time the damage was caused
Even if you are frustrated, remember to always be polite and reasonable throughout the process – you are more likely to get a positive and speedy result.
Feedback
The council should give you feedback on if they will pay you compensation. If they do not give you money towards the damage you have caused, then you make a Freedom of Information Request about what they have paid out for when consumers have made claims for potholes. You can see then what they have paid out for.
Appeal
If they refuse you can ask for their decision to be appealed. If they refuse, request mediation of the issue with the council.
If you get nowhere you can consider legal action, but get advice first and keep a complete record of your case throughout the process.
You can always claim on your insurance if you have it, but of course this may affect your premiums and any no claims bonus.
If you have any thoughts on this topic, or any other consumer issues you would like us to cover, feel free to get in touch with us at support@resolver.co.uk.