The number of compensation claims related to potholes submitted to UK councils has seen a sharp rise, more than doubling from 8,327 in 2022 to 20,432 in 2023. This alarming increase, highlighted by a Freedom of Information request from the RAC, underscores the deteriorating condition of the country’s local roads. The rising number of claims points to a larger issue, as drivers contend with significant vehicle damage due to poorly maintained infrastructure. The surge in claims comes at a time when local councils are struggling to keep up with the maintenance of their roads.
The data revealed considerable regional disparities, with Surrey County Council experiencing the most dramatic increase. Claims in Surrey spiked by over 400%, from 734 in 2022 to 3,418 in 2023, equating to one claim for every mile of road under the council’s jurisdiction. Other councils like Essex, Hampshire, and Hertfordshire reported similarly high numbers, with some receiving a claim every two miles. This suggests that the problem of potholes is widespread across the UK, affecting not only major counties but also smaller regions, with the average rate of claims nationwide being one every 10 miles.
Despite the overwhelming number of claims, the success rate for compensation is strikingly low. Only 15% of claims resulted in a payout, with many councils citing the Highways Act of 1980 to reject claims. Under Section 58 of this Act, councils can avoid liability if they can prove they were unaware of the potholes that caused damage. In fact, 74% of rejected claims were dismissed on these grounds. This legal defense has raised concerns about the effectiveness of local authorities in addressing road maintenance and their accountability in ensuring safe road conditions.
The financial burden of potholes extends beyond compensation claims. Although the average payout per claim is just £260—substantially less than the £460 average cost of pothole repairs—local councils have been forced to spend significant amounts defending against claims. In 2023, 13 councils spent over £166,000 in legal fees to avoid paying compensation, a figure that, according to the RAC’s Simon Williams, demonstrates the inefficiency of this approach. The funds spent on legal battles far outweigh the cost of compensating drivers for damage, raising questions about how councils allocate resources for road maintenance and dispute resolution.
In response to the ongoing issue, Chancellor Rachel Reeves announced a £500 million boost to road maintenance funding as part of the Autumn Budget. This is in addition to the £8.3 billion already pledged for road repairs. While the RAC has welcomed this additional funding, they stressed that it should be used not only for patching up potholes but also for proactive measures, such as preventative maintenance and resurfacing roads that are beyond repair. By investing in better long-term solutions, councils can reduce the need for frequent repairs and ultimately minimize the number of compensation claims from drivers.