Councils now face tighter reporting duties, more transparent thresholds, and faster decision timetables. For drivers, cyclists, and delivery riders, that means a clearer path to compensation — if you know the steps and the traps.
I’m at the kerb on a grey Tuesday, watching a line of commuters roll past a crater that looks like someone took a bite out of the tarmac. A Mini hits it with a dull crack and limps to a stop, hazard lights blinking, driver staring at a flatted tyre like it’s some kind of magic trick. *I still remember the thud that makes your teeth meet.*
We’ve all had that moment when a road we paid for bites back. The new compensation rules won’t fix the hole. They might fix the bill. And that’s the twist.
What’s changed — and why it matters
The headline shift is transparency. Many authorities have adopted updated claims policies in 2024–25, backed by central funding conditions, which push them to publish inspection regimes, intervention levels, and response targets. That means you can now see when your street was last checked, what counts as a “defect”, and how long a reported pothole should take to repair. **This is money you can get back.**
There’s also a clearer digital paper trail. The national “Report a pothole” flow on GOV.UK routes you to the right owner — your council, National Highways, Transport for London, or devolved bodies in Scotland, Wales and Northern Ireland — and many portals time‑stamp reports and photos. That matters, because claims often hinge on whether the authority knew about the defect or should have found it during routine inspections. If it was logged and left, your odds improve.
Legally, the core duty hasn’t changed: under Section 41 of the Highways Act 1980 (and equivalent provisions elsewhere in the UK), highway authorities must maintain roads. Their main defence is Section 58 — the “reasonable care” defence. If they can show a proper inspection schedule, prompt fixes, and no prior knowledge of that specific defect, they can refuse. The new landscape narrows the excuses by making those schedules public, standardising what counts as an actionable pothole (often 40mm+ deep on carriageways, 20–25mm on pavements), and creating audit trails. The game is still evidence. It’s more winnable now.
How to claim — step by step
Start at the scene. Photograph the pothole from multiple angles with something to show scale — a credit card, tape measure, even a 50p — and capture the surroundings so it’s clearly identifiable. Take close‑ups of tyre, wheel, or fork damage, plus a wide shot of the road. Note the date, time, weather, and exact location (what3words or GPS). If you’ve got dashcam video, save a copy and email it to yourself to lock the metadata. Then report the defect through the official portal, even if it’s already been reported. Your time‑stamped report is a breadcrumb that can win a case.
Next comes the paper. Get a written repair quote and keep the final invoice, plus any recovery or taxis you had to pay for. Log calls, emails, and names. Submit your claim to the right body: local council for most roads, National Highways for motorways and major A‑roads in England, Transport for London for red routes, Transport Scotland/Traffic Wales/NI Direct in devolved nations. Ask for inspection records for the location and dates in question; you can use Freedom of Information if needed. Don’t inflate costs. Don’t bin the broken tyre.
Most rejections lean on Section 58 — “we inspect regularly; we didn’t know about this hole.” Anticipate it. Cite the last inspection date, any prior public reports, and the authority’s own intervention levels. If they still refuse, consider the small claims route: up to £10,000 in England and Wales, £5,000 via Simple Procedure in Scotland, £3,000 in Northern Ireland. A short, factual chronology and photos beat essays.
“The strongest pothole claim isn’t angry. It’s dated, documented and dull,” says one claims handler who reads these decisions every week.
- Keep it to two pages plus photos.
- Attach the report reference number and a map pin.
- Quote their policy, not your outrage.
- Include receipts and a simple mileage/taxi tally.
- Send recorded delivery or via the online portal if available.
Real‑world wins, losses, and the grey bits
Picture a commuter in Leeds: 7:50am, a fresh downpour, a rim bends on a deep depression near a bus stop. Two weeks earlier, a neighbour had reported that exact spot with photos. The council’s policy says defects over 40mm in a 30mph zone should be made safe within 24 hours. It wasn’t. The claim goes in with the earlier report ID, a before/after shot, and a £186 tyre-and-straighten bill. Payout in 28 days. Same road, same hole, but a week later on a freshly resurfaced stretch with no prior reports? Probably a “no”.
What about cyclists? The bar is the same: show the defect met the authority’s threshold, that it was known or should have been spotted, and that it caused your loss. Damage can mean torn kit, wrecked wheels, cracked frames, and injury. For injury, you’ve got three years to start a claim in most of the UK, and medical notes become crucial. For property-only damage, the limit stretches to six years in England and Wales, five in Scotland. You won’t wait that long if you’ve got sharp evidence.
There are booby traps. Replace the tyre before photographing it and you weaken the chain. Claim through your own insurer first and you could bump your premium for a year. Drive on a deflated tyre and add wheel damage, and the authority may argue contributory negligence. **Do not pay twice for a road the public already funds.** Soyons honnêtes : nobody does this every day, and the forms feel designed to sap your will. Keep it calm, factual, and short. The new rules reward the tidy claim.
Common mistakes, smarter moves
Don’t leave the scene with no context and try to reconstruct it later. Take two minutes to get clean angles, the depth with a coin, and a shot showing a lamppost number or shopfront. Save photos to cloud straight away. Report the defect the same day and grab the confirmation email or reference. If your wheel alignment’s off after a hit, book a quick check and add the print‑out; it’s under £50 in many garages and it reads like science to a claims officer.
Skip the essay. Two short paragraphs describing what happened, your location, and the immediate loss beat a 900‑word rant about tax. Keep a tone that’d make a magistrate nod. If your council publishes inspection maps, screenshot your stretch of road with the stated inspection frequency and the last logged visit. If you’re in London on a red route, go straight to TfL, not the borough. If it’s a private retail park or unadopted lane, the claim goes to the landowner’s managing agent, not the council. One claim, one defendant.
You can add weight without adding heat. Quote their rules back to them and let the documents do the heavy lifting.
“When a claimant shows our own intervention level next to a depth photo, it’s very hard to argue,” admits a highways engineer who reviews rejects.
- Use what3words and the nearest house number or lamppost ID.
- Add weather notes; heavy rain hides depth and proves conditions.
- Ask for the last inspection date and defect log for 90 days prior.
- If a contractor dug the road, consider a claim against them as well.
- If you’re offered 50%, negotiate once with a crisp, evidence‑led reply.
What this means for drivers, cyclists and councils
The roads won’t heal overnight. The difference now is that claims are less of a black box. Public thresholds and inspection timetables let you set your case against the council’s own yardstick, not a shrug. Insurers are also paying attention; a tidy non‑fault recovery can keep a policy cleaner than a hasty claim on your own cover. For councils, the message is blunt: fix what’s logged or expect to pay. For the rest of us, the job is to turn a nasty clonk into a neat bundle of facts.
The win isn’t just money back. It’s pressure in the right place. More accepted claims create real costs for authorities, which push maintenance up the agenda faster than any press release. Maybe that’s how the street outside your door gets moved from “monitor” to “resurface”. Or maybe you’ll just get a cheque that softens the sting. Either way, the rules now give you a grip. Use it.
| Key point | Detail | Interest for the reader |
|---|---|---|
| Who to claim against | Council for local roads; National Highways for motorways/major A‑roads; TfL for London red routes; devolved bodies in Scotland, Wales, NI; landowner for private roads | Targets the right door first time, saving weeks |
| Evidence that wins | Photos with scale, time/location, prior report IDs, inspection logs, invoices, alignment check | Turns a “no” into a “yes” with minimal fuss |
| When claims fail | Fresh defects between inspections, shallow holes below threshold, contributory negligence, wrong defendant | Avoids dead ends and wasted effort |
FAQ :
- Are these “new rules” a single law?Not a single Act. It’s a mix of updated council policies and funding conditions pushing transparency, faster responses, and clearer thresholds across 2024–25.
- How deep must a pothole be to claim?Many councils set 40mm depth for carriageways, 20–25mm for pavements. If your council publishes different intervention levels, use theirs in your claim.
- Will a claim affect my car insurance?If you claim from the authority directly and get paid, your policy often stays untouched. Claiming through your insurer can affect premiums and no‑claims; ask about a non‑fault recovery route.
- Can cyclists claim for injuries and kit?Yes. Property damage is claimable with receipts; injury claims need medical notes and carry a three‑year limitation in most of the UK.
- How long do I have to claim?Property damage: up to six years in England and Wales, five in Scotland. Injury: usually three years. Don’t wait — evidence fades fast.
