Motorists who have lodged claims following pothole-related vehicle damage have secured compensation payments of up to £2,500, according to Money Saving Expert (MSE). Martin Lewis and his team of financial experts at MSE say they’ve received accounts of successful outcomes from drivers who have obtained compensation settlements.

One MSE reader, called Colin, said: “After looking at the guide on MSE… the result is that my car is now repaired and the council fully reimbursed me for my repair costs (over £2,500). This would have been so much harder if it hadn’t been for your website, so thank you.”

Another said: “Two mangled alloys and one tyre, £735 worth of damage. Claim now settled for the full amount after initially being thrown out. Thank you MSE for the pothole claim guidelines.”

This follows MSE publishing fresh guidance encouraging motorists to contemplate submitting claims if their vehicles sustain damage from hitting potholes. Writing on X today (March 31), MSE said: “Don’t let a hole in the road put a hole in your wallet.”

It added: “The latest figures show there’s a record £18 billion pothole repair backlog! But whoever controls the road has a legal duty to do so correctly – if they don’t, they should pay for repairs.”

Under the Highways Act 1980, the obligation to maintain roads and the liability to pay damages for failing to do so generally falls upon whoever controls the road, be it a public authority or a private landowner. Under Section 41 of the Act, the local Highway Authority has a duty to maintain highways maintainable at public expense, reports the Mirror.

Should an accident occur owing to a failure to maintain these roads, for example, potholes, the authority is generally liable to pay compensation. However, authorities can escape liability under Section 58 of the Act if they can prove they took “reasonable” care to ensure the highway was safe, such as by having a proper inspection and repair system in place.

Martin Lewis said: “Our usual campaigns are about reclaiming money you’ve wrongly paid – not damages, which this guide is about. A compensation culture is dangerous and we need be wary of this, especially when taxpayers are footing the bill. Yet the authorities have a legal duty to maintain roads so they’re safe for everyone to use. If they don’t and your car’s damaged, they should help pay the costs to repair it.

“It’s important to understand you can only claim anyway if the authority responsible for the road has been negligent. So if a cannon ball drops off a truck, causing a pothole which two minutes later damages your car, you’ve no right to claim – there’s nothing the authorities could’ve done to prevent that.

“Even if you are eligible to claim, you have a decision to make. Some argue that compensation deprives authorities of much-needed cash to fix roads – others that the more people pursue their rights, the more incentive there is for authorities to improve the roads to avoid dealing with claims.

“After huge user demand to know pothole rights, we’ve delivered this guide for our users, we hope, in a responsible, non-militant, easy-to-use way. You must decide whether to use them.”

What you need to make a claim

Before you can make a claim, MSE says there is criteria to check. It explains: “To be a pothole, it usually needs to be at least 4cm deep. You need to prove it was the pothole. Check who’s responsible – then report it. You can claim if your vehicle’s damaged and the authority responsible for the road failed to properly maintain it. If you’ve hit a pothole, consider telling your insurer.”

Motorists should gather evidence as promptly as possible, as MSE states: “The first thing to do is start collecting proof, pronto. No matter which authority you’re claiming from, the overall goal’s the same – to gather enough evidence to prove its negligence.”

This includes photographing the pothole and measuring its depth, but only where it is safe to do so. MSE also recommends taking pictures of your vehicle and the damage sustained, the location of the pothole on the road, and any nearby road signage. MSE says a ‘fast claim’ is the quickest way to claim. For this, you need to know which authority is responsible for the pothole you hit and you have already reported it.

A statement on Gov.uk reads: “You may be able to claim compensation if your vehicle has been damaged by a road. The organisation you contact depends on where the road is and the type of road. You cannot claim compensation if debris from another vehicle caused the damage. Contact your insurer instead.” Get in touch with the organisation responsible to inform them: