Pothole damage: what to check, and how to claim it back
A pothole strike can do three kinds of damage at once, and two of them are invisible from the driver’s seat. Here is what to look for, and how a claim against the highway authority actually works.
At the roadside
If you have just hit one hard, resist the urge to carry on and hope. A tyre that has taken a sharp impact can fail some distance later, and it tends to do it at speed.
- Find somewhere safe to stop and look at both wheels on the side that took the hit — front and rear. The rear wheel follows the front through the same hole.
- Look for a bulge in the sidewall. A lump or blister means the internal structure has been damaged. That tyre is finished and should not be driven on.
- Check the wheel rim for flat spots, dents or cracks along the lip.
- Check pressures if you can. A slow loss after an impact is common.
- Notice how it drives. Pulling to one side, a steering wheel that now sits off-centre, or a new vibration through the wheel all point at something bent.
A sidewall bulge is the one to take seriously. It cannot be repaired, it will not settle down, and it is the classic delayed blowout. If you find one, do not drive on it.
Three things a pothole breaks
- Tyres. The impact pinches the tyre against the rim. That can split the sidewall outright or weaken it so it bulges later. Under-inflated tyres are far more vulnerable, which is one more reason to check pressures monthly.
- Wheels. Alloys buckle. A small flat spot on the rim causes a persistent vibration and a slow air leak that no amount of re-inflating fixes.
- Steering and suspension. The expensive one. Bent track rods, damaged shock absorbers and broken springs often produce no immediate symptom beyond a car that no longer tracks straight. Left alone, misalignment destroys a new tyre in a few thousand miles.
If the car pulls or the wheel sits crooked after an impact, get the alignment checked before you replace anything. Fitting a new tyre to a misaligned car simply wears the new one out the same way — see reading uneven tyre wear.
Who you claim from, and on what basis
Under section 41 of the Highways Act 1980, highway authorities have a statutory duty to maintain public roads. If a dangerous defect causes damage, the authority may be liable.
Getting the right authority matters, because sending it to the wrong one wastes weeks:
- Trunk roads, including the A55 — the Welsh Government, through the North and Mid Wales Trunk Road Agent. Report via Traffic Wales or 0300 123 1213.
- Everything else — your county council. In this region that means Gwynedd, Conwy, Ynys Môn, Denbighshire, Flintshire, Wrexham or Powys depending on where it happened.
To succeed you have to show three things: the road was in a dangerous condition, that defect caused your damage, and the authority failed in its duty to maintain it. The burden of proof is on you, on the balance of probabilities.
Why many claims fail: the section 58 defence
This is the part nobody tells you before you start, and it explains most rejections.
Section 58 of the same Act gives the authority a defence. If it can prove it took such care as was reasonably required in all the circumstances — a proper system of inspection, sensible repair timescales, and action on reports it received — it can defeat a claim even though the pothole was genuinely dangerous and genuinely damaged your car.
In practice, councils respond with inspection schedules, maintenance policies and repair records. If the road was inspected on schedule and the defect had not been reported before you hit it, the claim will usually fail.
The flip side is where claims succeed: if the pothole had already been reported and not repaired within the authority’s own timescales, the section 58 defence becomes much harder to run. That is why it is always worth asking whether the defect had been reported before.
What to gather, ideally the same day
- Photograph the pothole in context — wide enough to identify the location, with a landmark, sign or house number visible.
- Photograph the depth and width with something for scale. A ruler is ideal; a shoe or a drinks can will do. Depth matters: around one inch (2.54 cm) is the rough threshold treated as significant in practice.
- Photograph the damage to the tyre, wheel or car, before anything is replaced.
- Note date, time, direction of travel and weather. Rain hiding the depth of a water-filled hole is relevant.
- Keep every receipt and the fitter’s written diagnosis. A note saying the damage is consistent with an impact carries real weight.
- Report the pothole to the authority whether or not you claim. It starts the clock for the next person, and it undermines the section 58 defence if it is still there in a month.
- Ask the authority for its inspection and repair records for that stretch. You are entitled to ask, and the answer often decides the claim.
Do not photograph a pothole from a live carriageway. On the A55 or any fast road, report the location instead and let the authority inspect it — no photograph is worth standing in traffic for.
Claim on the council, or on your insurance?
For a single tyre and an alignment check, a council claim is usually worth pursuing on its own because the sums are small and an insurance claim risks your no-claims discount and excess for little gain.
Where suspension damage runs into four figures, it is worth comparing. Your insurer may pursue the authority themselves, and some policies cover pothole damage under accidental damage — though you will usually pay the excess and it may affect your renewal.
We are not insurance advisers and cannot tell you which is better for your policy. What we can do is give you a clear written diagnosis of the damage, which is the piece of evidence both routes depend on.
Do not drive on a bulging tyre
If there is a lump in the sidewall, the tyre is already damaged internally and can let go without warning. Our mobile tyre fitting service comes to you anywhere in North Wales, so you do not have to drive on it to get it sorted.
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Questions, answered
Can I claim for pothole damage to my car in the UK?
Yes. Under section 41 of the Highways Act 1980 highway authorities have a duty to maintain public roads, and you can claim if a dangerous defect caused your damage. You must prove the road was dangerous, that it caused the damage, and that the authority failed in its duty. The burden of proof is on you.
Why do councils reject pothole claims?
Usually because of the section 58 defence. If the authority can show it had a reasonable system of inspection and repair and acted on reports it received, it can defeat a claim even where the pothole genuinely damaged your car. Claims succeed most often where the defect had already been reported and was not repaired in time.
Who do I claim from for a pothole on the A55?
The A55 is a Welsh Government trunk road managed by the North and Mid Wales Trunk Road Agent, so report it to Traffic Wales on 0300 123 1213 rather than your council. Potholes on other roads are the responsibility of the relevant county council.
What evidence do I need for a pothole claim?
Photographs of the pothole in context and close up with something for scale, photographs of the damage before repair, the date, time and direction of travel, all receipts, and a written diagnosis from whoever fixed it. Depth matters, with around one inch treated in practice as the threshold for a significant defect.
How deep does a pothole have to be to claim?
There is no single statutory figure, but around one inch (2.54 cm) is the depth commonly treated as significant enough to be dangerous. Many authorities publish their own intervention levels, which is worth checking as it tells you the standard they hold themselves to.
What should I check after hitting a pothole?
Both wheels on the side that hit it, front and rear. Look for a bulge in the sidewall, dents or cracks in the rim, and any loss of pressure. Then notice how the car drives: pulling to one side, an off-centre steering wheel or a new vibration suggests steering or suspension damage.
Is it safe to drive with a bulge in the tyre sidewall?
No. A bulge means the internal structure has been damaged and the tyre can fail suddenly, usually at speed. It cannot be repaired and it will not improve. Have the tyre replaced where the car is rather than driving on it.