Potholes: How will the Royal Borough deal with my claim?

Potholes have always been a much talked about and controversial topic in many towns up and down the country – including the Royal Borough.

When drivers hit a pothole and suffer damage to their car, the question is often raised over who should take responsibility and whether the motorist is entitled to any compensation.

In December, the Advertiser reported on driver Tony Hardy, who hit out at the council for refusing to compensate him after he hit a pothole before it was filled in the following day.

A claims handler said there was ‘no evidence that the council failed in its statutory duty’ to maintain the highway.

In reality, successful compensation claims for damage caused by potholes are rare – but not impossible.

A Freedom of Information request submitted by the Advertiser revealed that, between November 28, 2017 and November 28, 2022, the Royal Borough received 184 claims for pothole damage to moving vehicles, such as cars and bikes.

During this time period, the council paid out for five claims – with the largest claim being settled at £662.05.

We took a closer look at how the Royal Borough deals with potholes, and what rights motorists have if they hit one.

How are potholes and highways repairs dealt with by the council?

The Royal Borough said that while the council ‘can’t prevent’ potholes, it has ‘a robust system of inspection, maintenance and repair for its highways network’.

A council spokesperson said: “The council maintains around 400 miles of roads in the borough.

“In order to identify the correct priority response for repair of a defect a highways inspector will make a risk-based assessment in accordance with the council’s highways maintenance policy.

“This is the established process used by the council for dealing with the repair of highways defects.

“From October 2021 to the end of September this year, the council repaired 185 emergency potholes, meaning they were repaired within two, or 24 hours.”

What do you check for if your vehicle is damaged by a pothole?

The AA advises drivers to take notes and collect information, which they will need if they are making a claim to either the insurance or the council and to report the pothole.

Some of the company tips include:

• Coming back to the scene to take notes or make sketches
• If it is safe, take photos of the pothole
• Include an object in the photo that is familiar like a drinks can or shoe to give a sense of scale
• Take a note of exactly where the pothole was, the road name, town, and its position in the road
• Note down the contact details of anybody who saw what happened.

How do you report a pothole?

The Royal Borough is responsible for most of the roads in the borough, excluding the M4, M25, A038 (M), A404 (M), and A404, which are the responsibility of Highways England, and private roads and private streets, which are the responsibility of road owners or residents.

To report a pothole, you will need to tell the council:

• The location of the pothole
• Whether it is on the pavement or road
• The approximate size of the pothole
• Your contact details if you would like to be updated on the progress
• Upload a photograph if you have one.

As part of the process, the person reporting the pothole will need to pinpoint its location on an interactive map.

To find this visit: www.rbwm.gov.uk/home/transport-and-streets/roads-and-pavements/report-pothole

How can you make a claim?

According to the AA, if your vehicle is damaged by a pothole, you may be able to claim compensation from the council to pay for the cost of any repairs.

To make a claim, claimants will need to write to the council responsible for the road that the pothole is on and include the details they have collected, such as copies of quotes, invoices, and receipts.

How does the council handle the claim?

A Royal Borough spokesperson said: “When the council receives a claim for compensation it will investigate fully using the information provided before making a decision, which will be based on the facts and the current law.

“There is no automatic right to compensation and the council is only able to pay compensation where there is evidence of negligence or a breach of statutory duty.

“Accidents can happen for reasons outside of the council’s control and most of the claims received do not lead to findings of liability against the council, or to financial settlements.”