Councils Reject 91% Of Pothole Claims. Here Is How To Claim And What Evidence You Need

Councils across England paid out close to £20 million in pothole compensation during 2025, a 30 per cent increase on the previous year. But the chances of actually receiving that compensation depend almost entirely on where you live. Freedom of Information data obtained from the 20 largest councils by population shows that some authorities approve the majority of claims while others reject nine out of every ten.

Bristol declined 91 per cent of all pothole damage claims submitted last year. The Wirral rejected 92 per cent, though from a much smaller pool of just 13 applications, with only one driver successfully receiving £322. At the other end of the scale, Stockport approved 70 per cent of claims, making it one of the most favourable places in the country for drivers seeking compensation.

Across most of the authorities surveyed, fewer than a third of claims resulted in any payout at all. Depending on where you live, you can be up to seven times more likely to receive compensation for the same type of damage on the same type of road. That is not a system based on the severity of the damage or the condition of the road. It is a postcode lottery.

The average successful payout across all councils was just £418. But averages hide wide variation. Bristol, despite rejecting the vast majority of claims, recorded the highest average payout at £911 and the single largest individual settlement of £16,343 to one driver. Leeds distributed the most compensation overall, paying out £59,523 from 316 claims. Barnet in north London received the highest volume of claims, with 438 drivers submitting applications.

If your car has been damaged by a pothole, the data makes one thing clear: how you claim is at least as important as whether you have a valid case. Here is exactly what you need to know.

Why Most Claims Get Rejected

The single biggest reason councils reject pothole claims is Section 58 of the Highways Act 1980. This is the legal defence that allows a highway authority to avoid liability if it can demonstrate that it had a reasonable system of inspection and maintenance in place for the road in question.

In practice, this means that even if a pothole damaged your car, and even if the pothole was clearly dangerous, the council can refuse your claim if it can show that the road was inspected at reasonable intervals and the defect either was not present at the last inspection or had not been reported. The council does not have to prove the road was in perfect condition. It only has to prove it had a reasonable system for checking.

This is why so many claims fail. The driver knows the pothole was there. The driver has the repair bill to prove the damage. But the council produces its inspection log showing the road was checked six weeks ago and no defect was recorded, and the claim is declined.

Understanding this defence is the key to making a successful claim, because the evidence you need to gather is not just about proving the pothole damaged your car. It is about undermining the council’s argument that it did not know about the problem.

The Evidence You Need To Collect

The moment your car hits a pothole and you suspect damage, the evidence gathering starts. Everything you do in the first hour after the incident will determine whether your claim succeeds or fails.

Photograph the pothole immediately. Take clear pictures from multiple angles showing the size, depth and shape of the hole. Place an object next to it for scale: a shoe, a drinks can, a pen, anything that gives a sense of dimension. The guidance from MoneySavingExpert states that the pothole should measure at least four centimetres deep to qualify for a claim, so demonstrating depth is critical. If you can safely measure it, do so. If you have a tape measure in the car, use it.

Photograph the damage to your car. Take close-up shots of the affected tyre, wheel, suspension or bodywork, and wider shots showing the car in relation to the pothole.

Record the exact location. Note the road name, the nearest house number or landmark, and the direction you were travelling. Drop a pin on your phone’s map app. The more precise you can be, the harder it is for the council to claim the defect was on a different part of the road.

Note the date and time. Write it down or take a screenshot of your phone showing the timestamp.

Get witness details. If anyone else saw the incident, or if another driver has been damaged by the same pothole, get their name and contact information. Multiple reports of the same pothole are powerful evidence against a Section 58 defence.

Check whether the pothole has already been reported. This is the step most people miss, and it is often the one that wins the claim. If someone else has already reported the pothole to the council and it was not repaired, the council’s defence that it had a reasonable maintenance system falls apart. Many councils have online reporting portals where you can search for existing reports. The website Fix My Street (fixmystreet.com) also logs pothole reports by location. If you find a previous report, screenshot it and include it in your claim.

Get at least two written repair quotes. If you have already had the work done, keep the itemised invoice. Professional repair documentation is required to support the amount you are claiming.

How To Submit Your Claim

Every council has a process for submitting highway damage claims. Most accept claims through their website or by letter to the highways department. The process is broadly the same everywhere.

Write a formal letter or email to the relevant council’s highways department. State the date, time and exact location of the incident. Describe what happened and what damage was caused. Attach all of your evidence: photographs of the pothole, photographs of the damage, repair quotes or invoices, the precise location, and any records showing the pothole had been previously reported.

Be specific. Do not say “there was a large pothole on the A road near the shops.” Say “there was a pothole approximately 30 centimetres wide and 6 centimetres deep in the nearside lane of the A123 outside number 47, approximately 15 metres before the junction with Park Road, at 8:45 am on Tuesday 14 January 2026.”

You do not need a solicitor for most claims. For minor repairs, typically a single tyre or a wheel, claiming directly from the council is almost always the better route. For more serious structural damage worth over £1,000, it may be worth seeking legal advice before deciding how to proceed.

What Happens When Your Claim Is Rejected

If your claim is rejected, do not assume the decision is final. Councils frequently reject initial claims by citing their Section 58 defence. You have the right to challenge that decision.

Ask the council to provide its road inspection records for the stretch of road where the incident occurred, covering the 12 months prior to your claim. You are entitled to see these records. If the inspection frequency was inadequate, or if there are gaps in the schedule, or if the pothole had been reported before your incident and was not repaired within a reasonable timeframe, the Section 58 defence may not hold up.

If the council refuses to provide the records or if the records show the inspection regime was inadequate, you can escalate the claim. For claims under £10,000, the small claims court is an option that does not require legal representation. The court fee depends on the amount you are claiming and starts from as little as £35 for claims under £300.

What Pothole Damage Actually Costs

The combined cost of pothole damage to UK drivers is now projected to exceed £1 billion per year. For individual drivers, the bills depend on what was hit and how hard.

A tyre replacement after a pothole strike typically costs between £60 and £200 depending on the size and brand. A buckled alloy wheel can cost £150 to £400 to repair or replace. Suspension damage, including bent arms, broken springs or failed shock absorbers, can run from £200 to £600 or more per corner. Steering alignment after a heavy impact costs £50 to £100.

A single incident that damages a tyre, buckles a wheel and knocks the alignment out can easily produce a bill of £300 to £500. More severe impacts affecting suspension components can push costs past £1,000. Against an average successful payout of £418, many drivers are not being made whole even when their claim succeeds.

The Councils That Pay And The Councils That Do Not

The FOI data covers the 17 largest councils that responded within the statutory timeframe out of 20 surveyed.

At the bottom, Bristol rejected 91 per cent of claims despite recording the highest average payout (£911) and the largest single settlement (£16,343) among all councils. The Wirral rejected 92 per cent but from only 13 applications.

Approximately half of the authorities surveyed refused more than seven out of every ten claims. Across most areas, fewer than one in three claims resulted in any compensation at all.

At the top, Stockport approved 70 per cent of road damage claims and established itself as one of the most accommodating authorities for drivers.

Leeds paid out the most in total at £59,523 from 316 claims. Barnet attracted the highest volume of applications at 438.

The variation is not explained by road quality alone. It reflects differences in how councils interpret their legal duties, how aggressively they deploy the Section 58 defence, and how much resource they allocate to processing claims.

What To Do Right Now

If your car has been damaged by a pothole, act immediately. Photograph everything before you leave the scene. Report the pothole to the council through its website and on Fix My Street. Check whether anyone has reported it before. Get two repair quotes. Submit your claim with every piece of evidence you have, and be as precise as possible about the location and the damage.

If your claim is rejected, ask for the inspection records and consider whether the rejection is justified or whether the council is relying on a legal defence that does not stand up to scrutiny.

The system is not designed to make this easy. But £20 million was paid out last year, and drivers who know the process and gather the right evidence are the ones getting their share of it.

Sources:

• MoneySavingExpert, pothole claims guide
• RAC, how to report a pothole and claim for damage
• The AA, pothole damage claim
• Which?, how to report a pothole and claim compensation
• Fix My Street