Potholes: How to claim for damage

Available for over a year

Local authorities have paid £13.5million in compensation for pothole-related incidents. But a BBC investigation found only a fraction of people actually got paid. Millie Trenholm digs through the figures which show that for Herefordshire Council and Worcestershire County Council, fewer than one in ten claims of compensation are reimbursed. Tammy Gooding hears from Ryan Jordan, from Kingstone, who decided not to apply or a payout after seeing a low success rate. Scott Dixon is a consumer and motoring disputes expert, who hosts the Facebook page 'The Complaints Resolver'. He says there are council and external websites where you can report potholes. To help support any claim, he adds, it can be helpful to show the depth of any pothole and show evidence of any repair cost. In a statement, Worcestershire County Council said: 'The council has a duty to maintain roads that are open to public traffic. That duty does not mean the council is automatically liable for every instance of damage, and not every claim automatically results in compensation being paid.' It also says "Most claims are unsuccessful because the council can demonstrate a statutory defence" and that "We ask that people report the pothole or highway hazard as soon as possible so we can inspect the defect and arrange repair if appropriate." Meanwhile, Herefordshire Council said: A pothole causing damage does not automatically mean the Council is legally liable. Each case is assessed individually against inspection records, maintenance history and whether the Council has taken reasonable steps to inspect and maintain the road network under the Highways Act 1980, a process followed by councils across the country. It goes on to say: "Alongside reactive pothole repairs, the Council is investing in longer-term improvements to strengthen the network and reduce future damage."