TL;DR — The Short Version
Under the Highways Act 1980, local councils must keep roads in a safe condition. If a pothole damages your vehicle, you may be entitled to compensation — but only if the council knew or should have known about the defect and failed to fix it in time. Document everything, report the pothole, and submit a claim to the relevant highway authority.
Who Is Responsible for UK Roads?
In England and Wales, local highway authorities — typically your county council, unitary authority, or London borough — are responsible for maintaining the public road network. This duty comes from the Highways Act 1980, the primary piece of legislation governing road maintenance in England and Wales.
Section 41 of the Act imposes an absolute duty on highway authorities to maintain highways that are maintainable at public expense. This means they must keep the road surface in a condition that is safe for ordinary traffic.
However, this is balanced by Section 58, which provides councils with a statutory defence. If a council can prove it took reasonable steps to maintain the road, it may not be liable for damage caused by a pothole that appeared between inspections.
Motorways & Trunk Roads
Managed by National Highways (formerly Highways England). Claims for these roads go through National Highways, not your local council.
Local & Residential Roads
Managed by your local highway authority (council). The vast majority of pothole claims are against local councils for these roads.
When Councils Are Liable
To succeed in a pothole damage claim, you generally need to show that the council breached its duty of care. In practice, a council is most likely liable when:
They Knew About the Pothole
The pothole had been reported by a member of the public, or was logged in a previous inspection, but the council failed to act on it.
They Should Have Known (Constructive Knowledge)
A reasonable inspection schedule would have revealed the pothole. If the defect was large or had been developing for a long time, the council cannot claim ignorance.
They Failed to Repair in Time
Even if they knew about the pothole, a short delay may be acceptable. But if weeks or months passed without repair, the council is likely in breach of its duty.
The Pothole Meets Intervention Criteria
Most councils set a depth threshold — typically 40mm (about 1.5 inches) — as the point at which a pothole requires urgent repair. Defects meeting this threshold that go unrepaired strengthen your claim significantly.
The Inspection Question
Councils must carry out inspections at frequencies appropriate to the road classification. A busy A-road should be inspected more often than a quiet residential street. The Well-Maintained Highways Code of Practice (now superseded by the Well-Managed Highway Infrastructure guidance) recommends inspection frequencies, but these are not strict legal requirements.
When Councils May Not Be Liable
The Section 58 Defence
Section 58 of the Highways Act 1980 gives councils a powerful defence. If the council can demonstrate all of the following, your claim may be rejected:
- -Reasonable inspection schedule — they inspected the road at appropriate intervals based on its classification and usage.
- -Pothole appeared between inspections — the defect was not present at the last inspection and developed in the period before your incident.
- -No prior reports — nobody had reported the pothole before your incident, so the council had no actual knowledge of it.
Unadopted Roads
If the road is not an adopted highway — meaning it is privately owned and not maintained at public expense — the council has no duty to maintain it. This includes many private estate roads, car parks, and access roads. You would need to pursue the private landowner instead.
Contributory Negligence
If you were driving too fast, failed to avoid an obvious hazard, or were otherwise partly at fault, the council may argue contributory negligence, which could reduce the amount of compensation you receive.
What Evidence Do You Need?
Strong evidence is the foundation of any successful pothole claim. Gather as much of the following as you can, as soon as possible after the incident.
Photos & Video
Photograph the pothole with a ruler or object for scale. Include wide shots showing the road location and close-ups of both the defect and your vehicle damage.
Date, Time & Location
Record the exact date and time of the incident, the precise location (road name, nearest landmark, GPS coordinates if possible), and the direction you were travelling.
Witness Details
If any passengers or bystanders witnessed the incident, collect their names and contact details. Independent witnesses strengthen your claim.
Repair Quotes & Receipts
Get at least two written repair quotes from reputable garages. Keep all receipts if you have already paid for repairs. This proves the financial loss you are claiming.
For a detailed guide on collecting evidence, see our Evidence Guide.
Key Legislation
The following pieces of legislation are most relevant to pothole damage claims in England and Wales.
Highways Act 1980 — Section 41
Duty to maintain highways maintainable at public expense
Highways Act 1980 — Section 58
Special defence in action against a highway authority
Highways Act 1980 — Section 56
Power to compel repair of non-maintained highways via Magistrates Court
Highways Act 1980 — Full Text
Complete legislation on legislation.gov.uk
Last updated: February 2026. This page provides general legal information, not legal advice. If you need advice about your specific situation, consult a solicitor.