potholeLocal councils are shelling out thousands on compensation for damage caused by potholes to vehicles. Why not spend that money on actually fixing them?

With the cost of motoring already reaching astronomical heights - petrol, insurance and tax are all steadily on the rise - the last thing a driver needs is the added cost of car repairs caused by pothole damage.

Motoring advice & info

Know your rights


With Council Tax set to rise again in April many people are angry that, despite paying through the nose, local councils are allowing our roads to deteriorate year on year. It has been reported that only £17 per driver is spent on road maintenance in the UK. No wonder some critics have suggested it won't be long before our roads are comparable to those of a 'third world country'.

Why are the roads so bad?

Water seeps down below our road surfaces and then freezes in the winter. This pushes up the asphalt and causes holes.

But it is not just the weather that is causing such havoc. Other contributing factors are vastly increased traffic flow, which is putting pressure on roads of all sizes throughout the UK, and the constant digging up of our roads by utility companies. When electricity and water companies perform repairs to their cables and pipes, they tend to simply patch up the road rather than resurfacing it, and this makes them more susceptible to damage.

With the vast profits that these companies make perhaps they should be forced to make proper repairs in future!

What damage is being done?

Our vehicles are suffering from these uneven surfaces. The most obvious damage is to our wheels, with both wheel rims and punctured tyres being major complaints.

Driving on a consistently uneven surface can also take its toll on our suspension, steering mechanisms, exhausts and roll bars, which can rattle free with the constant abuse.

How to claim

Each county council will have a specific procedure for compensation claims, so make sure you check your local council's website for specific information. Remember, you can claim for damage to bikes and motorcycles as well as cars.

As a general rule of thumb, if you aim to follow the steps below you won't go far wrong.
  • Take a photograph of the pothole and note down its rough size and depth as well as its precise location (make a sketch of the area if you can).
  • Report it to your council using the reporting procedure specified on your council's website.
  • If the council has not repaired it within a reasonable time (some say around a week is enough time to give) then this should strengthen your case.
  • Consider submitting a Freedom of Information Act request to the council or Highways Agency to find out as much as you can about the road and its maintenance history, as this could also strengthen your case.
  • Put all your complaints in writing and ensure that all contact with the council is done via letter or email (a phone call can always be denied). In your letter include: a full description of the accident, where and when it was (date and time), your photographs and your sketch plan of the area. Also include a copy of your repair bill for the damage caused and keep copies of all your letters!

If the council makes you an offer you should give it proper consideration even if you are not entirely happy. If you wish to fight on, your next option will be to take court action. Provided your claim is for under £5,000 you can take action in the Small Claims court. You won't need a solicitor and you can issue proceedings online via their MoneyClaim Online system.

Am I likely to get a pay-out?

It won't be easy! The council will vigorously defend itself under section 58 of the Highways Act (which basically states they just have to prove they have taken 'reasonable' care of the road). But that doesn't mean you shouldn't try. While evidence suggests that the vast majority of claims are automatically turned down in the first instance, persistence is the key.

The table below* details a 'snapshot' of payouts in various counties in the UK.

County

Number of claims made

Amount paid out in compensation

Kent

4,904

£133,593

Surrey

3,650

£638,239

Essex

2,696

£103,567

Lincolnshire

620

£119,706

Nottinghamshire

777

£158,578

Barnsley

296

£241,202

*Information gathered by a Brittania Rescue survey

Start a revolution

Each individual pothole costs on average around £50 to repair, but records show that a compensation pay-out can be anywhere up to £3,000 (the average repair bill is £132). With councils paying out hundreds of thousands each year in compensation, why isn't the money being earmarked for repairing the roads instead?

If you are successful in your compensation claim, and are feeling particularly altruistic, you could consider returning your pay-out to the council on the proviso that they repair your neighbourhood roads. You will be a local hero!

10 consumer rights you should know

  • 1. Retailer refunds
    <p> <span style="font-size: 10pt; line-height: 12pt;">The law states that any goods you buy from a UK retailer should be of satisfactory quality, as described, fit for purpose and last a reasonable amount of time.</span></p> <p class="p2"> <span style="font-size: 10pt; line-height: 12pt;">This applies even if you buy items in a sale or with a discount voucher. You may have to insist on these rights being respected, though.</span></p> <p class="p2"> <span style="font-size: 10pt; line-height: 12pt;">Useful phrases to use when you want to show you mean business include, &quot;according to the Sale of Goods Act 1979&quot; and, if it's a service, &quot;according to the Supply of Goods and Services Act 1982&quot;.</span></p>
    1. Retailer refunds
  • 2. Receipts
    <p> <span style="font-size: 10pt; line-height: 12pt;">Some shops will allow you to exchange goods without a receipt, but they can refuse to should they wish.</span></p> <p class="p2"> <span style="font-size: 10pt; line-height: 12pt;">If the goods are faulty, however, another proof of purchase such as a bank statement should work just as well.</span></p>
    2. Receipts
  • 3. Refund timeframes
    <p> <span style="font-size: 10pt; line-height: 12pt;">If you attempt to return goods within four weeks of the purchase, your chances of getting a full refund are much higher as you can argue that you have not &quot;accepted&quot; them.</span></p> <p class="p1"> After this point, you can only really expect an exchange, repair or part-refund.</p>
    3. Refund timeframes
  • 4. Credit card refunds
    <p> <span style="font-size: 10pt; line-height: 12pt;">The updated Consumer Credit Act states that card companies are jointly and severally liable for credit card purchases of between &pound;100 and &pound;60,260 (whether or not you paid just a deposit or the whole amount on your card).</span></p> <p class="p1"> Anyone spending between these amounts on their credit card is therefore protected if the retailer or service provider goes bust, their online shopping never arrives or the items in question are faulty or not as described.</p>
    4. Credit card refunds
  • 5. Financial Ombudsman Service (FOS) compensation
    <p> <span style="font-size: 10pt; line-height: 12pt;">The FOS settles disputes between financial companies such as banks and consumers.</span></p> <p class="p1"> If a financial organisation rejects a complaint you make about its services, you can therefore escalate that complaint to the FOS - as long as you have given the company in question at least eight weeks to respond.</p> <p class="p2"> <span style="font-size: 10pt; line-height: 12pt;">The FOS will then investigate the case, and could force the company to offer you compensation should it see fit.</span></p>
    5. Financial Ombudsman Service (FOS) compensation
  • 5. Contact for correction
    <p>Start by writing to the agency asking it to either remove or change the entry that you think is wrong. It will investigate the matter and find out whether you have been the victim of ID theft or a bank's mistake.</p> <p>Within 28 days from receipt of your letter the agency should tell you how the bank has responded. If the bank agrees to change the entry, they will authorise the agency to update their records. They should also send updates to any other credit reference agencies they use.</p> <p>You can also contact your lender directly to query a mistake. If the lender agrees to the discrepancy, ask them to confirm this in writing on their letterhead and send a copy to the agency, asking them to update your file.</p>
    5. Contact for correction
  • 6. Bailiffs
    <p> <span style="font-size: 10pt; line-height: 12pt;">Bailiffs are allowed to take some of your belongings to sell on to cover certain debts, including unpaid Council Tax and parking fines.</span></p> <p class="p1"> They can, for example, take so-called luxury items such as TVs or games consoles. However, they cannot take essentials such as fridges or clothes.</p> <p class="p1"> What's more, they can only generally enter your home to take your stuff if you leave a door or window open or invite them in.</p> <p class="p1"> You are therefore within your rights to refuse them access and to ask for related documents such as proof of their identity. If they try to force their way in, you can also call the police to stop them.</p>
    6. Bailiffs
  • 7. Debt collectors
    <p> <span style="font-size: 10pt; line-height: 12pt;">Private sector debt collectors do not have the same powers as bailiffs, whatever they tell you.</span></p> <p class="p1"> They cannot, for example, enter your home and take your possessions in lieu of payment.</p> <p class="p2"> <span style="font-size: 10pt; line-height: 12pt;">In fact, they can only write, phone, or visit your home to talk to you about paying back the debt. As with bailiffs, you can also call the police if you feel physically threatened.</span></p>
    7. Debt collectors
  • 9. Online/phone purchases
    <p> <span style="font-size: 10pt; line-height: 12pt;">Thanks to the Distance Selling Regulations, you actually have more rights buying online or by phone than on the High Street.</span></p> <p class="p1"> You can, for example, send most goods back within a week, for a full refund (including outward delivery costs), even if there's no fault.</p> <p class="p2"> <span style="font-size: 10pt; line-height: 12pt;">You will usually need to pay for the return delivery, though. The seller must then refund you within 30 days.</span></p>
    9. Online/phone purchases
  • 10. Cooling off periods
    <p> <span style="font-size: 10pt; line-height: 12pt;">We enter into contracts all the time, whether it be to join a gym, switch energy supplier or take out a loan.</span></p> <p class="p1"> In most cases, once you've signed a contract, you are legally bound by it. In some situations, however, you have the right to cancel it within a certain timeframe.</p> <p class="p1"> Credit agreements, for example, can be cancelled within 14 days. And online retailers must tell you about your cancellation rights for any contract made up to stand up legally.</p>
    10. Cooling off periods


More stories