As pothole compensation claims rack up, will councils start paying?
Pothole compensation claims doubled between 2022 and 2023, research has found, with the much-hated road defects continuing to cause chaos for Britain’s drivers. The ‘pothole plague’ impacts many thousands of drivers annually and has worsened in recent years. Yet, compensation claims remain mostly unsuccessful. Could that change?
How many potholes does the UK have?
The UK probably has more than one million potholes, according to the RAC. Or, to put it another way, there are around six potholes per mile on council-controlled roads in England and Wales.
A Freedom of Information (FOI) request sent to all of England’s 185 county and district councils by the RAC hints at the scale of the problem. Of 81 councils who responded, some 556,658 potholes were reported in England in 2021/22. Add Scotland, Wales, Northern Ireland and the unresponsive English councils to the mix and it is clear that the UK has a major pothole problem.
How do potholes form?
Potholes occur when a road surface deteriorates. This can be the result of various factors, including temperature changes, water seepage and repeated traffic impact. Over time, the road surface is weakened, which leads to the formation of depressions or holes – of various shapes and sizes, ranging from small divots to larger craters.
Winter is the worst time for potholes. Sub-zero temperatures normally cause more deterioration. When water gets into cracks in the road, freezes and expands, this puts additional pressure on the surface.
What’s the problem with potholes?
As well as being infuriating, potholes can be perilous.
These road defects are one of the leading causes of car breakdowns. Indeed, the RAC attended 7,904 breakdowns in the first quarter of 2024 due to bad road surfaces, up 53% on the last three months of 2023.
It is not just breakdowns that make potholes a problem. Driving into a pothole can damage a vehicle’s wheels, tyres, steering or suspension. Loose chippings from potholes can cause serious windscreen damage. Potholes can also cause or worsen accidents, for example when motorists swerve or brake suddenly to avoid them.
What is the government doing about potholes?
In November 2023, the government pledged £8.3 billion to resurface over 5,000 miles of roads across the country over the next 11 years. This was heralded as the biggest-ever road resurfacing programme to improve local roads. In this year’s Autumn Budget, Chancellor Rachel Reeves announced an additional £500 million of funding.
Even so, experts have warned that the investment is not enough to make a serious dent in the pothole problem. Motor industry representatives retorted that the investment is insufficient given the current state of the UK’s roads. The latest funds are equal to the estimated cost faced by motorists in vehicle repair bills last year.
Can I make a compensation claim for pothole damage?
It is possible to claim compensation if your vehicle has been damaged by a road. Depending on the type of road, you may either make the claim to a national agency, for example National Highways England or BEAR Scotland, or to the local council.
Along with the number of potholes, the number of drivers making pothole compensation claims has been rising. Following the RAC’s latest FOI, it was revealed that claims made to the 18 local authorities with the longest road networks in Britain more than doubled between 2022 and 2023, soaring from 8,327 to 20,432. The figures cover nearly 92,200 miles of local roads.
What are my chances of success?
The increase in claims, however, has not been accompanied by a rise in payout success. Councils paid out just 15% of all compensation claims received in 2023. Furthermore, five councils refused 9 out of every 10 pothole claims in 2023.
Significantly, the lack of payout is not isolated to a few councils but is a common issue across regions and roads. Three quarters of responding councils refused more than three quarters of claims they received last year.
Moreover, the total payout – an estimated £824,000 – suggests that the average claimant received just £260. Consequently, payouts were typically around 43% lower than the amount drivers can expect to pay for repairs.
Sources:
https://www.rac.co.uk/drive/advice/driving-advice/rac-pothole-index-statistics-data-and-projections/
https://www.gov.uk/government/news/8-billion-boost-to-repair-roads-and-back-drivers
https://www.gov.uk/claim-for-damage-to-your-vehicle