Should you claim on your car insurance for pothole damage?

Potholes are one of the most frustrating hazards for UK drivers. To try and combat this issue, the government recently issued new rules where councils have to prove they’re fixing potholes or risk losing up to a third of next year’s funding. But what should you do in the meantime if your vehicle is damaged by a pothole?

Does car insurance cover pothole damage?

If you have a third-party only or third-party, fire and theft policy, then you won’t be able to claim for repairs as they don’t cover damage to your own vehicle.

If you have a comprehensive car insurance policy, in theory, you should be able to claim for repairs needed after damage caused by potholes, but it may not be the best option.

That’s what car insurance is for though isn’t it?

Technically yes, but there are factors that mean claiming on your vehicle insurance may not be the best course of action for pothole damage. Here’s what you should consider before making a claim on your car insurance.

What’s your excess?

Pothole damage costs the average driver around £500 in repairs. If your repair bill came to £500 and your insurance policy had a £200 excess, you would pay the first £200 and your insurer would cover the remaining £300.

It’s likely to impact your no-claims discount

As there’s no other driver to pursue for claims, insurers are likely to classify pothole claims as at-fault. This means you’ll lose your no-claims discount if you haven’t paid extra to protect it.

It could impact your premiums in the future

Even if you pay extra to protect your no-claims bonus, your insurance premium can still go up when you renew. This is because the protection only helps you keep your discount after a claim, but it doesn’t stop the overall price of your insurance from changing.

Can you claim for pothole damage repairs from the council?

In recent years, the state of our roads has gotten worse with more and more potholes appearing. Under the Highways Act 1980, there’s a statutory duty on highway authorities (councils) to maintain public highways, making them liable for vehicle damage caused by a failure to do so.

But, under the same Act, Section 58 allows councils to reject claims if they can prove they took reasonable care to ensure the highway was not dangerous.

If you decide to go ahead with a claim against the council, then you won’t be able to claim against your insurance. It has to be one or the other.

How to make a council claim for pothole damage

You’ll need to contact whoever is responsible for the road where the pothole damage happened. This could be a local council, National Highways, BEAR Scotland, Amey Traffic Wales or the Department of Infrastructure. In most cases you’ll be asked:

• About the damage
• Why you think they're responsible for compensating you
• The specific location where the damage took place including the road name and nearest marker post number or feature which identifies the part of the road you were on
• The date and time the damage happened

If it’s safe to do so, take photos of the pothole and the damage to your vehicle. Keep a copy of bills or quotes that show the costs for repairing your car. Ask the garage to provide written confirmation that the damage was caused by a pothole.

The pothole claim process

1. Report the pothole via your local council’s website or the government's ‘Report a Pothole’ service if you're in England or Wales. Keep a copy of your report and the reference number you’re given.
2. Submit a formal compensation claim to the local authority responsible for the road via their website. Include all your evidence, photos, repair quotes / bills and the garage report.
3. Councils don’t have to respond within a fixed timeframe, so be prepared for a wait. They may accept the claim in full, offer a partial settlement or reject it entirely.
4. If your claim is rejected, you can escalate your case and take it to the small claims court as a last resort.

In a nutshell

If you have a comprehensive policy, you can claim for pothole damage on your vehicle insurance. But it’s usually better to make a cost reimbursement claim from the council responsible for the road as this protects your claims history and prevents unnecessary premium increases.