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Ruby Flanagan & Aaron Morris

Martin Lewis' Money Saving Expert on drivers claiming pothole damage compensation

Martin Lewis' MoneySavingExpert website is urging drivers to come forward and claim expenses on pothole damage to their cars.

Potholes are commonplace on roads across the United Kingdom, with many drivers working hard to avoid them on their commutes from a to b, due to the severe damages they can cause to fenders, tyres, suspensions and bumpers alike.

The UK is more susceptible to them due to constantly changing hot and cold weather leading to cracks on the roads, which eventually freeze over and gradually turn into potholes - especially on heavily-used stretches of land.

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The Mirror reports that a lack of funding obtained by local councils to fix the issue is also a factor. And while they can be frustrating to drive over, damages caused as a result of them can be financially draining - with repairs setting motorists back sums between the hundreds and even thousands.

But did you know that you can actually claim for damage caused by potholes? The most recent MSE newsletter tells all - even explaining that some £22.7million was paid out to Brits across the board for pothole damage last year.

According to the financial guru's Money Saving Expert team, drivers may appeal to their local authority in a bid to get money back for repairs made as a result of driving over a pothole. This is due to the fact that the local authority is responsible for maintaining roads, and if they have 'failed to do so properly, it's possible to successfully claim for repairs in full'.

However, you must be aware that you will have to prove that the damage has been caused by a pothole - thus, the pothole must be deep enough to be recognised as damaging. Most councils across the UK accept a pothole as being a minimum of 40mm deep, so if the crack you've drove over is only 10mm deep, you may not have a case.

Claims can be lengthy processes, as they are filed as compensation claims - with some known cases lasting as long as eight months. The official limit for retrospective claims is six years or five in Scotland.

When commenting on the issue, Martin Lewis said: “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. 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."

How to claim compensation for damage made by potholes

To begin the process of a compensation claim, it's always worth reporting the pothole to your local authority and you can do this by visiting the specific page on GOV.UK here. The chances of being successful in claiming compensation will significantly depend on whether the pothole has already been reported.

To make a claim you must address it to the right authority - sending it to the wrong place could mean your claim is delayed or doesn't get looked at. Each council will have a specific procedure for compensation claims, so make sure you check your local council’s website for specific information.

The MSE website says it's vital to collect as much evidence as possible to prove the damages were made by the pothole. This can include:

  • Copies of repair invoices
  • Proof of payments
  • Copies of your mechanic's statement on the cause of the damage
  • The potholes location
  • The date and time when the damage occured
  • Photos of the damage.
  • Photos of the pothole if possible
  • Notes from anyone who saw the incident

If your claim is rejected, then the MSE website says you should not be put off. MSE says: "It's a lot easier for organisations to reject people now, even those who will succeed at the next stage."

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