UK roads are riddled with potholes and the bill for snapped springs, bent struts and buckled alloys lands on drivers every winter. The good news: you can claim from the council if you can prove the road wasn't being properly maintained. Here's exactly how.
Who do you claim from?
- England (most roads): the local council / unitary authority
- England (motorways and major A-roads): National Highways
- Scotland (trunk roads): Transport Scotland
- Scotland (other roads): the local council
- Wales: the local council or the Welsh Government for trunk roads
Step 1 — Gather evidence at the scene (safely)
- Photograph the pothole with something for scale (a shoe, a coin, a tape measure).
- Note the exact location — what3words is gold standard, or postcode + landmark.
- Record date, time, weather and direction of travel.
- Photograph the damage to your car straight away.
Step 2 — Get repair quotes
Two written quotes is the standard. Keep all receipts — including recovery, alignment, replacement tyres and any pre-assembled strut kits you fit yourself.
Step 3 — Submit the claim
Every council has a "highways claims" or "road defect compensation" form on their website. Submit your evidence, quotes and a short description. Keep a copy of everything.
Section 58 defence — the real obstacle
Under the Highways Act 1980, councils can defeat your claim by proving they had a reasonable inspection regime in place — the Section 58 defence. Around 60% of UK pothole claims are rejected on this basis. To beat it, ask (under FOI) when the road was last inspected, what defects were logged, and how long any reported pothole was left. If the pothole was reported and not fixed within their own timeframe, you have a strong case.
If the council rejects you
Escalate to the Local Government Ombudsman (England), Scottish Public Services Ombudsman, or Public Services Ombudsman for Wales. Small claims court is the next step for amounts under £10,000.
While the claim runs, you'll usually need the car back on the road. A pre-assembled strut kit is the fastest way to fix pothole suspension damage without paying garage labour twice.