Claim for pot hole damage
We all know someone who has been a victim of damage to a vehicle or who has sustained an injury from a pot hole in the road.
Many years ago my mother claimed from the council for damage to her clothes when she she came a cropper due to a pot hole.
What are your rights and what should you do if affected by a pothole?
See a pothole? Report it to help with future complaints
As well as their own inspection programmes, councils also accept notifications of problems from the public. Reports also help show that the council were aware of the issue if there is a problem later down the line and they still didn’t fix it. Use the National Street Gazetteer on FindMyStreet to find out who owns the road and to which local authority you should report the problem.
Alternatively, use the official Government “Report a pothole” service:
Damaged car, bike or received an injury from a pothole? Complain and claim!
As with all other complaints, start by gathering your evidence. Write to the local authority and ask for details of their road repair programme. If the council hasn’t been properly maintaining a road then this will strengthen your case. Send photos/video evidence of the pothole. Detail the length and depth in the photo, if you can, send a plan showing what happened. Describe the damage caused and, if relevant, include quotes for putting right the damage or copies of receipts and medical notes.
If you hit a pothole and you aren’t sure where you are, use the Three Words app. This gives you the three random words assigned to an exact location 3 meters wide.
Claim for a specific amount, showing the workings of your calculation.
You can also make a Freedom of Information request to your council, asking for all complaints about the specific pothole. If they have had complaints but not acted, this will really help your case.
Freedom of Information data should give the age of wearing surface, numbers of reports and repairs. If the claim went to court, the judge would decide the matter on whether the average person would say that the surface is “Out of Repair”.
If you are not getting a reply to your complaint email the ceo of the local authority, find their email address at CEOemail.com.
Go to moneyclaimonline in England and Wales. For Scotland go to scotcourt.gov.uk and Northern Ireland NIDirect.gov.uk
Fill in all the details until “submit”. This should include everything that you are claiming for, plus the court costs which vary according to the amount you are claiming. Add in any out-of-pocket expenses, such as travel costs that you may have incurred or will incur in attending court. Then take a screenshot.
Email the CEO attaching the screenshot, forward the previous correspondence and change the subject line to “email before action”. In the email write that further to previous correspondence you are not satisfied with the response and will be taking the matter through the small claims court.
Sky News discussing how to complain for damage caused by potholes after Paul Hughes’ story regarding Pothole that caused serious cyclist crash not fixed. Regularly in the media discussing pothole and other consumer issues. See Consumer Rights Expert & Media Commentator
How to complain about pot holes
Fight your pothole claim!
Local authorities will usually fight pothole claims. Their strongest defence is that they already have a maintenance programme in place. However, don’t be put off in making a claim. You don’t need a solicitor, although many no-win-no-fee solicitors do take on pothole cases.
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Pot holes on private land
It can be more challenging if you have sustained damage due to a pot hole on private land. Private landowners and occupiers have a duty of care towards visitors to their premises to avoid accident claims, under section 1 Occupiers’ Liability Act 1957 . Specifically, they must “take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there”.
You will need to claim against the landowner using all the evidence as above and threaten legal action.
Follow the Top 20 tips for complaining effectively and threaten that you will take the matter through the Small Claims Court.
Further posts on potholes
National Pothole Day January 15 2023
Mr Pothole talks potholes, costs, complaining and claims on The Complaining Cow Consumer Show on East London Radio.
It’s time to fix the potholes – for health and the economy! March 2023.
AA reports potholes incidents at their highest in 5 years August 2023.
Pothole problems persist September 2023 figures on potholes.
Pothole Incidents: October 2023 breaks records according to AA October 2023 figures on potholes
UK Roads have Gone to Pot January 15 2024
Other help for complaining effectively
How to book and complain about holidays/flights/travel
If you need help with complaining effectively and making sure you are never fobbed off. GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!
101 Habits of an Effective Complainer to help you become more skilled and assertive when making complaints (and see Rob Rinder’s review amongst others!)
Purchase downloadable templates to gain redress
