We all know that sinking feeling of driving over a pothole (Image: Getty)
One of the worst things about driving is the state of the roads these days. Potholes are everywhere, and they seem to be getting bigger – no matter how often that roads are closed for resurfacing.
They aren’t just an eyesore though, as they can seriously damage your car if you drive over them. And if you’ve ever had to get work done at a garage, you’ll know that it can be eye-wateringly expensive. But who is actually to blame for pothole damage, and can you get any money back for repairs?
Why are potholes so dangerous?
First, it’s important to know why potholes can be so hazardous. These holes in the road form when water seeps through small cracks in the tarmac, weakening the base layer, and they cause the road to collapse under the weight of traffic.
Asphalt degradation from age or poor construction can accelerate this damage. As vehicles continue to drive over these spots, they cause more stress on the road.
They’re a nuisance for cars because if a vehicle hits a lot of them over time, it can damage to the tyres, suspension and steering system. However, they pose a real danger to cyclists and can cause serious injuries. According to Cycling UK, 15% of the cyclists it helps after being injured in a crash were involved in a incident involving road defects.
Potholes aren’t always immediately obvious (Image: Getty)
Who is to blame for potholes?
According to lawyers at Slater and Gordon, the liability for potholes lies with whoever is responsible for maintaining the road surface. This is often the council, under the Highways Act 1980.
However, in the event of work taking place by utilities companies,who have dug up the surface as part of their repair or maintenance work, they may also be partly to blame.
If the pothole is on private land such as a car park, it’s up to the owner to protect the area.
Car repairs due to potholes can be pricey (Image: Getty)
Can drivers put in a claim for pothole damage?
You can, but you need to have evidence. The legal experts at Lyons Davidson say that you must be able to prove that the council neglected to take care of the road.
For example, you’ll need to be able to show that the council has either found a pothole during one of their road inspections or has been informed of a pothole and has failed to take any action to repair it, or didn’t undertake repairs within a reasonable amount of time. You must be able to show that the pothole directly caused damage to your vehicle.
And finally, you must be able to show that you have suffered a financial loss as a result of the damage.
Some other examples of evidence that you’ll need are photos of the pothole and its measurements, repair bills, police reports or witness statements if you have them.
However, the laywers warn that it’s not simple to have the claim approved.
They said: “Councils generally seek to argue that they were not aware of the pothole or they had a reasonable inspection regime in place. They will often seek to show this by providing records and proving that the pothole was not there at the time of the last inspection.
“If the Council rejects the claim, it is advised that you ask to see details of their road inspection reports, record of reports from the public and the Council’s road repair policy. If you are satisfied that the Council were negligent, you can appeal the Council’s decision by seeking legal advice with a view of taking the claim to a small claims court.”
