What You Can Claim For
If a pothole has damaged your vehicle, you can claim for the cost of repairs. Common types of pothole damage include:
Tyre Damage
Punctures, sidewall bulges, and blowouts from pothole impacts.
Wheel & Rim
Bent, cracked, or buckled alloy or steel wheels.
Suspension
Damaged shock absorbers, springs, and suspension arms.
Wheel Alignment
Tracking knocked out, causing uneven tyre wear and pulling.
Bodywork
Underside scraping, bumper damage, and cracked splash guards.
Steering
Damaged steering rack, ball joints, or power steering components.
Step-by-Step Claim Process
Follow these steps to give your claim the best chance of success.
Document the Pothole and Damage Immediately
As soon as it is safe to do so, photograph the pothole from multiple angles. Place a ruler, coin, or other object next to it for scale. Also photograph any damage to your vehicle. Note the exact location, date, time, and weather conditions. If you have a dashcam, save the footage.
Report the Pothole to the Council
Report the pothole to the responsible highway authority. You can do this through:
- The council's own website (search for “report a pothole” + your council name)
- GOV.UK pothole reporting tool
- The FixMyStreet website
Keep a record of your report reference number. This creates a paper trail showing the council was informed.
Gather Repair Quotes and Evidence
Get at least two written repair quotes from reputable garages. Take your vehicle to a garage as soon as possible — any delay could be used to argue the damage was caused by something else. Compile all your evidence: photos, dashcam footage, witness statements, and your pothole report confirmation.
Submit Your Claim to the Highway Authority
Write a formal claim letter to the council's highways department (we have a template below). Include all your evidence and repair quotes. Send it by recorded delivery or email with a read receipt so you have proof it was received. Most councils also have online claim forms — check their website.
Follow Up and Escalate If Needed
Councils typically have 28 days to acknowledge your claim and up to 3 months to respond fully. If you do not hear back, send a follow-up letter. Keep records of all correspondence. If your claim is rejected, you still have options — see below.
Common Rejection Reasons & How to Respond
Don't Accept Rejection at Face Value
Many councils reject claims as a matter of course, hoping claimants will give up. Here are the most common reasons and how to counter them:
“We had a reasonable inspection schedule”
This is the Section 58 defence. The council must prove their schedule was reasonable — not just state it.
Counter: Request their inspection records via a Freedom of Information (FOI) request. Ask for inspection dates, the inspector's notes, and the road's risk category. If inspections were less frequent than their own policy states, the defence fails.
“The pothole wasn't reported before your incident”
The council is arguing they had no knowledge of the defect. However, they also have a duty to discover defects through inspections.
Counter: Check FixMyStreet and social media for prior complaints about the same road. A large, deep pothole does not appear overnight — argue it should have been found during inspections. Request inspection records to check if the area was inspected recently.
“We repaired it within a reasonable time”
The council claims they acted promptly once they knew about the pothole, so they shouldn't be held liable.
Counter: Request the dates the pothole was first reported, when it was categorised for repair, and when it was actually fixed. If the repair timeline exceeded their own policy (e.g. 24 hours for dangerous defects, 28 days for non-urgent), their defence weakens considerably.
After Rejection — Your Next Steps
If your claim has been rejected and you believe the decision is wrong, you have several options to escalate.
Appeal to the Council
Write back with additional evidence or counter-arguments. Many councils have a formal appeals process. Reference specific inspection records obtained via FOI requests to strengthen your case.
Small Claims Court
For claims up to £10,000 in England and Wales, you can use the Small Claims Track. Court fees start from £35 and the process is designed for individuals without legal representation. Many councils settle once court proceedings begin.
Local Government & Social Care Ombudsman
If you believe the council handled your complaint unfairly (not just that they rejected it), you can complain to the Local Government Ombudsman. The Ombudsman investigates maladministration, not the merits of the claim itself.
Get Legal Advice
For larger claims or complex cases, consider consulting a solicitor. Many offer free initial consultations. Some personal injury solicitors handle pothole claims on a no-win-no-fee basis, particularly where there has been physical injury.
Claim Letter Template
Use this template as a starting point for your claim letter. Replace the placeholder text in square brackets with your own details.
[YOUR NAME] [YOUR ADDRESS] [YOUR EMAIL] [YOUR PHONE NUMBER] [DATE] [COUNCIL NAME] [COUNCIL ADDRESS — HIGHWAYS DEPARTMENT] Dear Sir/Madam, CLAIM FOR VEHICLE DAMAGE CAUSED BY POTHOLE Location: [ROAD NAME AND LOCATION] Date of Incident: [DATE OF INCIDENT] Time of Incident: [TIME OF INCIDENT] I am writing to claim compensation for damage to my vehicle caused by a pothole on the above road, which is maintained by your authority as highway authority under the Highways Act 1980. On [DATE], at approximately [TIME], I was driving my [VEHICLE MAKE, MODEL, AND REGISTRATION] along [ROAD NAME] in the direction of [DIRECTION/DESTINATION]. I struck a pothole approximately [SIZE — e.g. 30cm wide and 8cm deep] which caused damage to my vehicle. The damage sustained includes: - [DESCRIBE DAMAGE — e.g. punctured front nearside tyre] - [DESCRIBE DAMAGE — e.g. buckled alloy wheel rim] - [ANY OTHER DAMAGE] I have obtained repair quotes totalling £[AMOUNT] from [GARAGE NAME]. Copies of these quotes are enclosed. I have also enclosed the following evidence: - Photographs of the pothole, including a measurement for scale - Photographs of the damage to my vehicle - A map/screenshot showing the exact location of the pothole - [WITNESS STATEMENT FROM — name, if applicable] I believe your authority is liable for this damage under Section 41 of the Highways Act 1980 as you have a duty to maintain this highway, and the condition of the road surface at this location was not reasonably safe for ordinary road users. I would be grateful if you could acknowledge receipt of this claim within 14 days and provide your response within 28 days. I reserve the right to pursue this matter through the Small Claims Court if a satisfactory resolution is not reached. Yours faithfully, [YOUR NAME] Enclosures: - Photographs of pothole and vehicle damage - Repair quotes - Location map
Tips for Your Letter
- -Be factual and avoid emotional language. Stick to what happened and what it cost you.
- -Send via recorded delivery or email with a read receipt to prove it was received.
- -Keep copies of everything you send, including photos and receipts.
- -If claiming for an amount over £1,000, consider getting professional legal advice before sending.
Last updated: February 2026. This page provides general information, not legal advice. If you need advice about your specific situation, consult a solicitor.