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Can I claim from the Highways Agency for pothole damage to my car?
The lane we have to drive on every day is full of potholes and, despite several complaints to Highways, nothing has been done. We now have broken a road spring due to the condition of the road. Do Highways have any legal responsibility for the condition of the road and could I get any financial payment from them for the damage?
Asked on 2 February 2013 by BI, Bradworthy Cross, N. Devon
Answered by
Honest John
If you have reported the potholes and have records of this then the council is automatically guilty of malfeasance for not repairing them and is liable for the damage. Many councils now have a means of reporting potholes on their websites. But the best way is to use www.fixmystreet.co.uk or www.potholes.co.uk who will then forward your report to the relevant council and hold your report as a matter of public record. I have found that gets potholes filled within days.
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