Gearing up for a tour of duty in Afghanistan left Army helicopter pilot David Floyd no time to fight a claim for damage to his car after he hit a big pothole on a country lane.
As he went off to tackle the Taliban, his father Howard went into battle with Hampshire County Council to claim compensation for the wheel damage to his BMW 3 Series car.
David, 23, hit the hole on a blind bend last August. Howard claimed compensation because the road had not been checked for potholes for at least six months. Hampshire County Council paid the £857 garage bill for a new wheel within three months.
Pilot David Floyd in Afghanistan (left) and his father Howard (right) measuring the pothole where the car was damagedHoward, 60, of Kimpton, Hampshire, who also used to be a military helicopter pilot but is now retired, says: ‘The money was not the biggest concern – it was the road safety.
‘Had a motorcyclist hit that crater, the rider could easily have been knocked off and killed.’
Potholes have damaged as many as one in three cars this winter – but motorists should not necessarily have to pay any repair bill.
More... Can you get a better car insurance deal?Councils and highways agencies have a legal duty to keep public roads in good order. If they fail adequately to check or maintain road surfaces, you can demand compensation for any damage to your car.
According to the Asphalt Industry Alliance, 2.2 million potholes had to be filled in last year. There are currently believed to be 25,000 potholes and 1,434 miles of roadwork delays caused by 19,000 road repair jobs.
The Department for Transport says councils have a legal duty to inspect roads regularly and ensure they are safe. The busier the road, the more often it is supposed to be monitored. Councils also have a duty to pay compensation for damage caused to cars by a pothole that has already been reported but not filled in.
Because so many motor damage incidents are relatively minor – burst tyres and dents to wheels – it is often not worth it for drivers to claim on their car insurance.
Policies carry a typical excess of at least £250. Motorists may also lose their no-claims bonus, meaning that the following year’s premium could rocket. This winter has been one of the worst for potholes because weather conditions have alternated between mild spells and harsh frosts. Rain penetrates cracks and holes during the mild weather and then widens them in a freeze.
Councils in England and Wales paid £32 million in compensation to motorists and other road users last year – largely for damage to cars – while the councils spent a further £13 million handling claims. Howard advises: ‘Don’t exaggerate or get emotional when you claim. Present the facts backed by proof. I sent photos with measurements to show the size of the pothole plus photos of wheel damage with the repair receipts.’ The 4ft long and 2ft wide hole was filled in a few days after he reported the problem.
AA research has found a third of its 22,827 members have damaged their vehicles hitting a pothole in the past two years. The biggest problem, reported by 13 per cent, was damaged tyres while six per cent needed both the tyre and wheel replaced.
Steering alignment and suspension damage were also results of pothole damage. The AA found the average council compensation paid was £583, reflecting the cost of the repair bills at a garage.Edmund King, president of the AA, says: ‘If you hit a pothole and notice vibration, the steering does not centre or the car pulls to one side then sort it out immediately to avoid a more serious incident. ‘For minor damage it is rarely worth claiming on your motor insurance, but you should always report any pothole to the local authority.’
It is not possible to claim both from your insurer and the council. Motorists might also consider taking out an extended warranty. While this will not typically cover a one-off repair required after running over a pothole, it can be used for wear-and-tear from going over damaged roads over a long period. It also covers for breakdowns not covered by a standard accident motor insurance policy.
An extended warranty for a three-year old Ford Focus with Warranty Direct might cost £32 a month, and can be taken out until the car is 12 years old. Warranty Direct has set up the website potholes.co.uk to guide drivers through a claim for damages. It includes advice, from taking photos to back up a claim to making Freedom of Information requests, so local authorities cannot fob you off.
Cyclists must also be aware of the dangers of potholes – not only can hitting them destroy expensive bikes but riders can be seriously injured.
They can make claims against councils in the same way as motorists. Cycling charity CTC also has a website – fillthathole.org.uk – with guidance on what to do.
Making a case to the council if you're claiming compensationGather information: Take photos of the hole and any damage to your car. Details should include measurements – also ideally shown in any pictures taken.
Report the pothole to the council: If it is not aware of the hole it might wriggle out of paying, but must still prove it inspects the road regularly. Submit a Freedom of Information request to show you mean business. For this you must head any letter or email with the strapline ‘Freedom of Information Act – Request for Information’. There is a Code of Practice for Highway Maintenance Management drawn up by the Department for Transport that you can read.
Write a detailed letter: Include copies of photos, map and receipts. Make your case clear to the council about why your claim must be paid. But be aware that in some instances it may not be liable if it is a new pothole that has not been reported. Do not allow it to fob you off with excuses.Contacts: the highways department of your local authority; highwaysindustry.com; potholes.co.uk.