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Pothole damaged your tyre? How to claim

Updated

General guide: based on UK law and published guidance, not on a specific job.

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Key takeaways

If a pothole damages your tyre or wheel, you can claim from the authority responsible for the road (usually the local council, or National Highways for motorways and major A-roads). Photograph the pothole and damage, note the location, keep receipts, and report it. Claim from whoever maintains that road (council, National Highways, TfL, Transport Scotland, the Welsh Government or DfI), and challenge a standard refusal before considering the small claims route.

If a pothole damages your tyre or wheel, you can make a claim against whoever is responsible for that road. For most roads that's the local council; for motorways and major A-roads it's National Highways. Success isn't guaranteed, but good evidence gives you the best chance, and reporting the pothole also helps get it fixed for everyone else.

What pothole damage looks like

A pothole strike can damage more than just the tyre. Look for:

Some of this only shows up later. A tyre that took a hard hit can develop a slow leak or a bulge over the following days, so check it again a week on, and keep the photos from the day of the strike so you can link the damage to the pothole.

How to claim, step by step

The strength of your claim rests almost entirely on the evidence you gather at the scene:

  1. Stop safely and check the car; don't keep driving on a bulging or flat tyre.
  2. Photograph everything, the pothole (with something for scale), the damage, and the location.
  3. Note the details: road name, date, time and direction of travel.
  4. Report the pothole using the GOV.UK report a pothole service, which directs you to the right authority.
  5. Keep all receipts for repairs or replacement tyres and wheels.
  6. Submit your claim to that authority with your evidence.

Will the claim succeed?

Authorities can defend claims if they show they had a reasonable inspection and repair regime in place, so it's not automatic. In practice, a claim is stronger if the pothole was large, clearly hazardous, and ideally already reported by others, which suggests the authority had a chance to fix it. Even if you expect a refusal, the claim is usually worth making, and a refusal can be challenged or taken further if you believe the road was negligently maintained. Good photos with something for scale are what turn a weak claim into a credible one.

Your insurer or the highway authority?

You can claim from the highway authority responsible for the road or on your own motor policy. Claiming on your policy means paying the excess and risking your no-claims discount. A successful claim against the authority doesn't affect your premium, which is usually the better route for tyre and wheel damage. Which authority that is depends on the road, as the table below shows.

Who maintains which road

The claim goes to whoever maintains that stretch of road, and that is not always the council whose area you were in. Getting this right first time avoids weeks lost to a claim being bounced between bodies.

RoadWho to claim against
Motorways and major trunk A-roads in EnglandNational Highways
Other roads in EnglandThe local highway authority, usually the county, unitary or borough council
Red routes in LondonTransport for London; other London roads are the borough's
Trunk roads in ScotlandTransport Scotland, through its trunk road operating companies
Trunk roads in WalesThe Welsh Government, through its trunk road agents
All public roads in Northern IrelandThe Department for Infrastructure
Private roads, car parks, retail parksThe landowner or their managing agent

The GOV.UK pothole reporting page routes a report to the right authority when you enter the location, which is also a quick way to confirm who you should be claiming from. For a private car park, look for a sign naming the operator, and photograph it.

What to put in the claim

A claim that is refused is usually one that left the authority room to argue, so give them as little as possible. Most councils have an online form or a claims email; use it, and cover every item below.

  • Your name, address, registration and the make and model of the car.
  • Date, time, road name and precise location: a lamp-post number, the nearest house number or a what3words reference, plus the direction you were travelling.
  • Weather, lighting and your approximate speed, to show the pothole could not reasonably have been avoided.
  • Photos of the pothole with a tape measure or a shoe for scale, and wider shots showing its position in the lane.
  • Photos of the damage on the day, and the fitter's itemised invoice showing what was replaced and why.
  • A statement of whether the pothole had already been reported, if you can find out. Some councils publish reported defects on a map.

Keep it factual and short. You are not writing a complaint about road maintenance in general; you are showing that a specific defect caused specific, receipted damage on a specific day.

You are entitled to ask the authority for its inspection and repair records for that road, and many claimants do so through a Freedom of Information request. If the records show the pothole had been reported or inspected and left, the authority's usual defence is much weaker.

If the claim is refused

A refusal is often a standard letter saying the authority had a reasonable system of inspection, and it is not the end of the road. Read it carefully, because it will tell you what they are relying on.

First, write back and challenge the specifics: ask when the road was last inspected, what defect size triggers a repair under their policy, and whether the pothole had been reported before your strike. If the answers do not add up, say so and ask them to reconsider.

If that fails and the sum is worth pursuing, the next step is a claim through the county court's small claims track, which you can start online via GOV.UK. There is a court fee, so weigh it against the cost of the tyre or wheel.

For a cracked alloy plus a tyre the sum is more likely to justify the court fee; for a single budget tyre it may not.

There is no fixed timescale for any of this. Expect the authority to take weeks to acknowledge and often longer to decide, and keep every email.

Driving on after a pothole strike

Stop and look before you drive on, because a tyre that has taken a hard hit can fail some distance down the road. The claim can wait; the inspection cannot.

Do not drive on a tyre with a visible bulge, a cut showing cords, or one that is losing air. A bulge means the internal structure has broken and the tyre can burst without warning.

If the steering has started to shake or pull, the wheel may be buckled or the alignment knocked, and driving on will wear the tyre quickly. Our guide on driving on a flat tyre explains the risk.

On a motorway, follow the Highway Code motorway rules and call National Highways on 0300 123 5000 rather than attempting any check in a live lane. On any other road, pull well off the carriageway before inspecting. If the tyre is unsafe, our emergency tyre replacement service can fit a new one where the car is parked safely.

Get the tyre sorted first

Safety comes before paperwork. We'll replace a pothole-damaged tyre where the car is parked safely in London and the Home Counties, and further out in the Midlands when the diary allows, from our one base at Brent Cross, NW2, and you get a receipt for your claim. We give you the arrival time when you call. See our damaged tyre replacement service.

Rescue Tyres

About this guide

Published by Rescue Tyres as general guidance. It is not a substitute for a tyre inspection.

Rescue Tyres LTD, Unit 9 Adrian Avenue, Brent Cross, London NW2 1LX. 07473 720871

Frequently asked questions

Can I claim for pothole tyre damage?
Yes, from the authority responsible for the road, usually the local council, or National Highways for motorways and major A-roads. Strong photo evidence and a report of the pothole help your case.
What evidence do I need for a pothole claim?
Photos of the pothole (with something for scale) and the damage, the exact location, date and time, plus receipts for the repair or replacement. Report the pothole too, as it creates a record.
Who is responsible for pothole damage to my car?
The highway authority for that road: the local council for most roads, or National Highways for motorways and major A-roads. You claim directly against whichever one maintains the road.
Will claiming for a pothole affect my insurance?
Not if you claim against the highway authority rather than your insurer. That route avoids your excess and protects your no-claims, which is usually better for tyre and wheel damage.
What if my pothole claim is refused?
Authorities can defend claims by showing a reasonable inspection regime. You can challenge a refusal, especially with strong evidence the pothole was large, hazardous and previously reported.
How long does a pothole claim take?
There is no fixed timescale. Expect the authority to take weeks to acknowledge the claim and often longer to decide, and keep every email. If it is refused, you can challenge the refusal and, for a worthwhile sum, use the small claims court.
Can I claim for a cracked alloy wheel as well as the tyre?
Yes. A pothole claim covers all damage caused by the defect, including wheels, alignment and any suspension part broken by the impact. Get each item on an itemised invoice and include photos of the wheel taken on the day.
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