If you haven’t drove over a Pothole, are you even British!? Our country is swarming with them, and although local councils in the UK are attempting to pump more money into the fixing them, it seems as though they’re fighting a losing battle!
We’ve all been there. You’re driving along the road and all of sudden a huge bang comes from your wheels that sounds really…really expensive. If you have a car with alloys, your damage could go as far as bodywork dents and brand new wheels entirely, which can set drivers back anywhere up to and over £1,000 to fix.
So what can and should you actually do when a Pothole damages your vehicle? Can you claim the damage repairs back?
What causes Potholes?
The simple answer is ground water expanding and contracting when we have significant weather conditions. During winter, when water finds its way into or under our roads, it can freeze very quickly which in turn forces the ground to expand and eventually crack. In comes a huge lorry which breaks the ground up even further, and out pops these wonderfully annoying Potholes.
Can I claim back on damages to my vehicle?
Yes and no. In fact, the rules around Pothole claims are just as annoying at the Holes themselves, and every local authority can look at it differently. Most local authorities class a Pothole as anything at a 40mm depth or above. If you do hit one, don’t be tempted to get out and measure it! Anything below 40mm is very unlikely to cause your vehicle significant problems.
Legally, highway authorities have an obligation to keep our roads safe, and therefore if you can prove they have failed to fulfil this obligation, you can certainly claim on your damages in part, if not in full.
Proving it was the Pothole that caused the damage
Clearly this isn’t easy. The sooner you can get your car to a garage, the better. A mechanic can help your case and many provide reports that deem a Pothole was most likely the cause. Another helpful tool was be a Dash Cam – which can often provide visual proof of when and where the Pothole was hit.
Report it ASAP.
A simple call to your local council will be able to tell you who is responsible for the road or area where the incident occurred. The Pothole should then be reported to the correct authority as soon as possible to help other road users avoid it, and to prompt a quick fix.
When would I not be able to claim?
Again, different rules for different local authorities! However, there are obvious occasions when compensation wouldn’t be handed out, or at least not in full. For example, if your vehicle already had significant damage to a wheel, suspension or bodywork, and the Pothole somewhat ‘made it worse’ – you would unlikely be able to claim the full costs back.
Timing is also a huge factor. For example, if an extremely heavy object fell off a heavy transport vehicle and damaged the road (causing the Pothole) and then you drove over it moments later; the authorities would not offer compensation as the cause was entirely out of their control.
You have to hand it to the meme’s though…there are some cracking ones out there!
