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How to report them and claim for damage compensation

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How to report them and claim for damage compensation

Have you successfully claimed compensation for pothole damage? We want to hear from you, email money@telegraph.co.uk

Britain’s roads are ravaged by potholes – and motorists are paying the price.

Drivers reported 1 million potholes last year, according to the insurance comparison site Confused.com.

The average cost of damage has surged by 16pc since 2021 – with the typical cost for repair in the low thousands of pounds. 

Here, Telegraph Money explains how you could be entitled to compensation and how to maximise your chances of recouping some lost funds.

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What classes as a pothole?

A pothole forms when water seeps into small pre-existing cracks in the road surface and then freezes and expands in cold temperatures. 

When the weather thaws, the frozen water evaporates, leaving gaps in the surface which are further broken down by traffic passing over it.

To count as a pothole the hole must usually be at least 40mm deep – about the height of two 20p coins. While it’s still possible to claim for damage if a pothole is smaller than this, it is likely to be more difficult. 

The AA dealt with 632,000 incidents related to potholes in 2023. That was an increase of 16pc compared to 2022 and the highest number for five years. 

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The most common damages caused by potholes include punctured tyres (57pc), damaged suspension (35pc), and damaged tracking (32pc), according to Confused.com.

Can I claim from the council for hitting a pothole?  

You are entitled to fair compensation if the council or highways agency has failed in its duty to keep the road in a fair state of repair.

Gary Rycroft, of Joseph A Jones & Co Solicitors and the Telegraph’s consumer law expert, advises demanding proof from the authority that it was doing its job. “Write to them to report the issue and at the same time ask if they knew there was a problem in that location,” he said.

Insurer Admiral recommends that motorists ask for copies of highway maintenance schedules and reports of incidents within 14 days of the accident, which will help to demonstrate that either the road has not been properly maintained or a reported issue has not been addressed.

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Councils have a responsibility to fix large potholes if they know about them and they are supposed to keep the roads safe, so you will need to argue that they have failed to do this when making a claim.

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