How to claim compensation for pothole damage to your car

Transport for London has been paid out more than £2m in compensation in the past three years for car damage due to potholes, according to reports.

According to the BBC, TfL awarded £1.7m in 2022-23 for 12 claims and £310,000 the year before.

Rod Dennis, of the RAC, commented: “With pothole compensation claims up 42 per cent year-on-year, these figures are a stark reminder that poor local road conditions continue to burn a hole in the budgets of local authorities and drivers.”

Potholes are caused by a combination of factors, primarily related to roads’ wear and tear caused by weather, traffic, and poor maintenance.

A TfL spokesperson said: “TfL has a very strong safety record for injuries caused by poor road surfaces. Our rigorous inspection and repair programme prevents thousands of injuries each year and any pothole reported that could cause injury is made safe within one, four or 24 hours of it being reported depending on its risk.

“We also make every effort to avoid potholes from occurring in the first place with our carriageway renewal.”

Here is what you can do to claim compensation if your car suffers damage from a pothole.

Councils are paying out millions for compensation due to potholes

PA

How to claim for pothole damage on your vehicle

Can I claim for damage caused by a pothole?

If your car is damaged after running over a pothole you might not need to make a claim on your insurance and, instead, you could claim damages back from the road.

If it’s a London red route, call TfL on 0343 222 1234.

How can I help my claim be successful?

It’s best recommended to make a note of your whereabouts on the road you were driving on using a nearby marker post or landmark – says the AA in its guidance.

“If you were on a motorway, it’ll help to know how far along the road you were, and the direction you were travelling in,” the AA added. “Alternatively, you can use what3words for a precise marking of a location.”

The government has warned that it is illegal to walk along a motorway – so do not put yourself at risk for this.

In order to be successful, you will need to prove to the authority that it was the pothole that caused the damage to your vehicle.

“To claim for the damage, you’ll have to prove the pothole caused it – that the repairs you’re having to shell out for were specifically caused by your impact with the pothole. Ask your mechanic to put this in writing for you,” states Money Saving Expert.

Will the council pay out?

According to Money Saving Expert, the council has a duty to ensure that roads are safe to use but, even then, they may not be seen to be at fault in every circumstance.

Martin Lewis, the website’s founder, said: “It’s important to understand you can only claim anyway if the authority responsible for the road has been negligent. So if a cannon ball drops off a truck, causing a pothole which two minutes later damages your car, you’ve no right to claim – there’s nothing the authorities could’ve done to prevent that.

“Even if you are eligible to claim, you have a decision to make. Some argue that compensation deprives authorities of much-needed cash to fix roads – others that the more people pursue their rights, the more incentive there is for authorities to improve the roads to avoid dealing with claims.”

Image Credits and Reference: https://www.standard.co.uk/news/london/how-claim-compensation-vehicle-pothole-damage-london-b1204027.html

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