Potholes are an ever-growing issue on our roads, causing extensive damage to vehicles, and leading to numerous compensation claims. However, it seems that many local authorities are reluctant to pay up, leaving drivers footing the repair bills.
The Rising Pothole Epidemic
According to recent reports, the number of drivers suffering from pothole damage is on a steep rise. A study conducted by Censuswide for Halfords revealed that 27% of drivers experienced pothole-related damage to their vehicles in the last year, costing an average of £922 to repair. This figure translates into a total damage bill of approximately £7.5 billion, a significant portion of which is attributed directly to pothole-induced damage.
The study further revealed that the UK's roads are in a worrying state, with nearly half of the nation's drivers reporting damage to their vehicles due to poorly maintained roads. The most common types of damage included tyre issues (46%), bent or cracked alloy wheels (25%), windscreen damage (21%), and brake problems (20%).
The Council's Stance on Compensation
In response to these damages, many drivers have sought compensation from their local councils, given that they are responsible for maintaining the roads in a safe and usable condition. However, these claims have been met with significant resistance.
As per a freedom of information request made by Halfords, only a tiny proportion of drivers are receiving the compensation they are entitled to. The responses from various councils reveal that around £900,000 in compensation was paid out in the last 12 months. Alarmingly, some councils, such as West Northamptonshire, rejected nearly all the claims they received, paying out just £148 during the period.
The Compensation Claim Process
If you've been unfortunate enough to suffer vehicle damage due to a pothole, it's important to know the process for claiming compensation from your local council. Generally, if the pothole is more than 40mm deep, it's considered a hazard and the council should be notified.
To make a claim, you should first photograph the pothole and note its size, depth, and location. Report it to your council and if it isn't repaired within a reasonable time, usually considered to be about a week, this could strengthen your claim. You can also submit a Freedom of Information Act request to find out more about the road's maintenance history.
Ensure all your complaints are in writing and include a detailed description of the incident, photographs, a sketch of the area if possible, and a copy of your repair bill.
However, it's important to remember that claiming compensation can be a challenging process. Councils often vigorously defend themselves under section 58 of the Highways Act, which states that they only have to prove they have taken 'reasonable' care of the road.
Report Potholes: A Collective Responsibility
To increase the chances of receiving compensation, it's essential to report potholes to your local council. If a pothole hasn't been reported, the council may not be liable for any damage caused. Most local authorities now have easy-to-use pothole reporting systems on their websites. The more drivers who report potholes, the better; it ensures that the councils are aware of the issue and motorists who later hit the same pothole will have a stronger case for compensation.
Councils Under the Spotlight
The reluctance of councils to compensate drivers for pothole damage has prompted widespread criticism. Halfords' CEO, Graham Stapleton, criticized the government for the lack of investment in highways, stating that motorists are literally paying the price. He highlighted the safety hazard posed by potholes, especially on motorways, and emphasised the minimal chances of receiving compensation.
Claiming Compensation: A Legal Perspective
From a legal standpoint, councils are obliged to pay out for damage caused by defects they should have maintained. However, they can avoid liability if the pothole hasn't been reported. Consumer lawyer Gary Rycroft from Joseph A Jones solicitors advises that the inability to produce a receipt for a damaged tyre is irrelevant if the tyre's tread can be examined for wear and tear. He adds that although the concept of 'betterment' is correct, it shouldn't be applied arbitrarily.
Impact on Insurance
The surge in pothole damage has also had significant implications for car insurance. The substantial repair costs associated with pothole damage can lead to increased insurance premiums for motorists, further exacerbating the financial strain.
The Way Forward
As the pothole crisis continues to escalate, it's crucial for motorists to be aware of their rights and the compensation process. It's equally important for local councils to take responsibility for maintaining safe and usable roads.
While the process may be challenging and the chances of receiving compensation minimal, it's essential to report potholes and file claims. This not only increases the chances of compensation but also puts pressure on the local authorities to address the issue.
Conclusion
The rising problem of potholes is a critical issue that needs immediate attention. A collective effort from motorists, local councils, and the government is necessary to tackle this problem effectively. While motorists need to be proactive in reporting potholes and claiming compensation, it's high time for the councils to step up and take responsibility for maintaining safe roads.