POTHOLES are tearing up our tyres and damaging the structural integrity of our cars – but you may be due cash.
Martin Lewis and the MoneySavingExpert.com (MSE) have issued an urgent warning for those whose motor has been "mangled" by road defects.
The consumer champion said in his latest weekly email that £22million was paid out to Brits for pothole damage last year but thousands more could be due cash.
The damage caused by potholes can affect tyres, wheels, suspension and steering, with repairs costing hundreds, if not thousands, of pounds.
In a handy guide, the MSE team said: "Whoever controls the road has a legal duty to maintain it to a fit standard, and if they don't, they should pay for repairs.
"Local authorities paid out more than £22.7million in compensation last year.
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"Claiming for damage can be a slog, but don't be put off – we've seen many successes."
To begin the process, it's always worth reporting the pothole to your local authority.
What should I do if my car is damaged?
The first thing you should do is report the pothole to your local authority.
You can do this by visiting gov.uk/report-pothole.
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It not only means they will be inspected but if any damage occurs there is more chance of redress.
If the hole might endanger a driver or cyclist’s life, phone your council’s emergency line rather than use its less-urgent online reporting system.
Also, check any unfamiliar routes you plan to drive or cycle.
The FixMyStreet app and website let you search areas for reported potholes and other road obstacles.
How do I claim compensation for damage?
If you’ve damaged your car and want compensation, work out which council is responsible for the road.
For major A-roads or motorways — in England contact National Highways, in Scotland use the Transport Scotland website or for Wales, try Traffic Wales.
For other roads contact the local council responsible.
Write to the authority and, if they believe you have a valid claim, they will send you a damage report form.
You'll need to provide copies of estimates or invoices for repairs, a current MOT certificate and ideally photos of the damage.
MoneySavingExpert says it's vital to collect as much evidence as possible to ensure that you can prove your local authority's negligence.
At the minimum, you need to include:
- Copies of repair invoices and proof of payment.
- Copies of your mechanic's statement on cause of damage.
- A note (or map) of the pothole's location.
- Note of the date and time the damage occurred.
- Photos of the damage.
- Photos of the pothole if possible.
- Notes from anyone who saw the incident.
So make sure to go the extra mile and include notes on the size, shape and depth of the pothole with sketches of its position and photos — but don't trespass onto a motorway in a bid to get these.
Be aware authorities often defend the claims, especially if they can show they have a good road maintenance programme and were unaware of the hole.
If your first claim is rejected, don't give up straight away.
Ask for details of the road's repair programme as this will strengthen your case if it isn't being properly maintained and launch a full claim.
And if your local authority doesn't hold these – put in a Freedom of Information request, which the council has to answer.
Your request should ask for the age of the road surface, the number of reports about the specific location your car was damaged and repairs carried out.
If the council rejects your claim, you could take it to court, but this can be costly and time-consuming so it is only worth it if the damage or injuries are significant.
Seek legal advice before using this resort.
Should I tell my insurer?
Claiming on your car insurance is certainly an easier process than claiming compensation directly from your local authority, according to the MSE team.
But if you do go down this route, you'll need to factor in the cost of the damage, your excess and the effect on any no-claims bonus you hold.
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Insurers recommend that motorists notify them of pothole damage even if they've they don't intend to make a claim.
However, if you do notify your insurer, there is always the risk that your premiums may increase – so it's always worth considering.
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