Council refusing to pay for car damage caused by pothole

Q: I ran over a pothole while driving. I called the council and filled out a claims form with evidence of the damages that the pothole caused. Three months later, I received a response stating that the hole had been filled in but they would not be reimbursing any costs. This was because the pothole had already been reported by another driver prior to my complaint. What can I do?

A: Under the Highways Act (1980) the council has a statutory duty to maintain the public highways. If the council can prove they have acted reasonably in maintaining the roads and/or there wasn’t enough money to maintain them, then unfortunately you may not be able to claim back costs to repair your car.