Key takeaways
- Report the pothole to the responsible highway authority, usually the local council, or National Highways for motorways and major A-roads.
- Gather evidence at the scene: photos of the pothole and damage, the exact location, the date, and all repair receipts.
- Councils often defend claims under Section 58 of the Highways Act if they can show a reasonable inspection and repair system.
- If a claim is rejected, you can challenge it or pursue the small claims court as a last resort, but there is no guaranteed payout.
Hitting a pothole and ruining a tyre or alloy is infuriating, and the repair bill can be steep. The good news is that you can try to claim the cost back from the authority responsible for the road. The process is not guaranteed to succeed, but doing it properly gives you the best chance. This guide explains how to claim in the UK, what evidence you need, and why some claims fail.
Can you claim for pothole tyre damage?
Yes, you can claim for pothole tyre damage, but success is not guaranteed. You make the claim against the authority responsible for maintaining that road, asking them to cover your repair costs. Whether they pay depends on the evidence and on whether they can show they had a reasonable system for inspecting and repairing the road, which is a common defence.
It is worth attempting a claim because tyre and alloy damage can be expensive, and a well-documented claim with clear evidence stands a far better chance than a vague one. Even where the authority initially refuses, you may be able to challenge their decision. The key is to gather strong evidence at the scene and report the pothole promptly.
Who is responsible for the road?
Responsibility for the road decides who you claim from. Most roads are maintained by the local highway authority, usually your county or unitary council, or Transport for London for many London roads. Motorways and major trunk A-roads in England are managed by National Highways. Identifying the right body first is essential, or your claim goes nowhere.
| Road type | Usually responsible |
|---|---|
| Local roads and residential streets | Local council (county or unitary) |
| Many London red routes | Transport for London |
| Motorways and major A-roads (England) | National Highways |
| Private roads | The private owner or management company |
If you are not sure who manages a particular road, the gov.uk pothole reporting tool points you to the right authority. Report the pothole to that body first, as this both flags the hazard and creates a record that supports your claim.
What evidence do you need to claim?
You need evidence that ties the damage to that specific pothole and shows what it cost you. The stronger and more detailed your evidence, the harder it is for the authority to dismiss the claim. Gather it at the scene if it is safe to do so, and keep every document relating to the repair.
- Photos of the pothole, ideally with something for scale, such as a coin or shoe.
- Photos of the damage, the split tyre, bulge or buckled alloy.
- The exact location, road name, nearest house number or landmark, and direction of travel.
- Date and time of the incident.
- Repair receipts and invoices, itemised, showing what was replaced and the cost.
- A note of the conditions, for example if water hid the pothole's depth.
How do you make the claim?
You make the claim by reporting the pothole to the responsible authority and then submitting a compensation claim, usually through their website or in writing. Set out what happened, include your evidence, and itemise your costs with receipts. Keep copies of everything you send and note the dates, because the process can take time and may involve back-and-forth.
- Report the pothole to the responsible authority and note any reference number.
- Find their compensation or "claim against the council" process, usually online.
- Submit your claim with photos, location, date and itemised receipts.
- Keep copies of all correspondence and a record of dates.
- Wait for their response, which may accept, reject or query the claim.
Report the pothole even if you do not yet have your repair quote, as the report itself is useful evidence. You can follow up with the cost once you have had the tyre or alloy sorted.
Why are pothole claims sometimes refused?
Pothole claims are often refused because of a legal defence under Section 58 of the Highways Act 1980. If the authority can show it had a reasonable system of inspection and repair in place, and was not already aware of that pothole or had no reasonable opportunity to fix it, it may not be liable, even though your car was genuinely damaged.
This is why many claims are rejected on first submission. It does not mean the process is pointless, but it does mean you should expect a possible refusal and be ready to ask questions. You can request details of when the road was last inspected and whether the pothole had been reported before, which can strengthen a challenge.
What if your claim is rejected?
If your claim is rejected, you can challenge the decision or, as a last resort, take it to the small claims court. First, ask the authority for their inspection and maintenance records for that road, which you are often entitled to request. If those records show the pothole was known about or inspections were overdue, you have grounds to push back.
The small claims track of the county court is the final option for smaller sums, but it takes time, involves a fee and carries no guarantee of success. Weigh the likely payout against the effort. There are no reliable published success rates, so treat any claim as worth trying but uncertain. Your own car insurance may be an alternative, though claiming risks your no-claims discount and excess.
Get the tyre sorted, then claim
Whatever you decide about a claim, do not keep driving on a pothole-damaged tyre. A bulge or split means the tyre can fail suddenly and must be replaced. Fast Tyre can come to your home, work or the roadside across London and central England and fit a replacement through our mobile tyre fitting service, giving you an itemised receipt that supports any claim. Our guides on potholes and tyre damage and sidewall damage explain what the damage means for the tyre.
Frequently asked questions
You claim from the authority responsible for that road. Most local roads are maintained by the county or unitary council, many London red routes by Transport for London, and motorways and major A-roads by National Highways. The gov.uk reporting tool helps you identify the right body before you claim.
Photos of the pothole, ideally with something for scale, photos of the damage, the exact location and direction, the date and time, and itemised repair receipts. The more detail linking the specific pothole to your costs, the stronger the claim. Gather it at the scene only if it is safe to do so.
Often because of the Section 58 defence under the Highways Act 1980. If the council can show it had a reasonable inspection and repair system and did not know about that pothole, it may not be liable. This is common, so a refusal does not necessarily mean your claim was wrong.
Yes, the small claims court is a last resort for smaller sums. First ask the authority for its inspection and maintenance records for that road; if the pothole was known or inspections overdue, you have grounds to challenge. Court takes time, involves a fee and offers no guarantee of success.
You can, but weigh it up. A successful council claim avoids using your insurance, whereas an insurance claim may trigger your excess and affect your no-claims discount. For a single tyre or alloy, the repair cost may be less than your excess, making a council claim the better first option.
It is strongly advised. Reporting the pothole to the responsible authority flags the hazard and creates a dated record that supports your claim. Report it even before you have your repair quote, then follow up with the itemised cost once the tyre or alloy has been put right.