Seven in 10 UK drivers hit potholes over the past two years, according to a survey wthat shows only two-thirds of those whose cars were damaged went on to claim compensation.
Research carried out by consumer group Which? found that four in 10 drivers who hit a hole and damaged their vehicle did not claim because they did not know how. A similar proportion admitted they could not face the hassle of trying to get a payout.
Yet, more than half (55%) of satisfactorily resolved claims were awarded compensation – paying out an average of £188 – Which? said. It urged drivers to submit a claim to their local authority or Highway Agency after suffering damage, amid evidence that they had a good chance of securing a payout.
In a survey of 2,000 UK car drivers, Which? found that nearly 70% (69%) of all drivers had hit a pothole in the road in the past two years and a third (32%) of them sustained damage to their vehicle.
But only two-thirds (64%) of drivers who suffered damage and reported it to the relevant authority - the council or highway authority - made a claim for compensation.
Success in claiming compensation often depends on whether a pothole has already been reported, Which? said. Section 58 of the Highways Act 1980 provides councils with a statutory defence if they can show that reasonable care was taken to secure the road and that it wasn’t dangerous to traffic. That means that if the local authority knew about the pothole but hasn’t repaired it, or hasn’t followed road maintenance guidelines, drivers may be able to claim compensation.
Which? has a consumer rights website with step-by-step advice and guidance on what to do and how to claim, should drivers and cyclists find themselves with a damaged vehicle after hitting a pothole.
Which? executive director, Richard Lloyd, said: “With so many drivers hitting potholes and damaging their cars it’s important that people know their rights. Our research shows it’s worthwhile making a claim. If you do need to make a claim, our advice is to find out if the pothole has been reported, collect photographic evidence and get receipts of any work to fix the damage.”
Recent research by the RAC Foundation warned that potholes were damaging cars at least every 11 minutes but councils were refusing to pay out in three in four cases. It said that almost 50,000 motorists made claims for damage caused by hitting a pothole in 2014 but only 23 % were successful.
RAC Foundation director Professor Stephen Glaister, said: “Many drivers will be put off by the time involved in claiming against a council, and many councils do their best to deter claimants coming forward.
“In England, local authorities themselves estimate the maintenance backlog to be about £12bn yet over the past five years spending on all roads across England and Wales has dropped 22% in real terms.”
