BBC Finds Three in Four UK Pothole Compensation Claims Rejected

A BBC investigation has found that three in four claims for pothole compensation are being turned down across Britain.

The probe revealed more than 146,000 claims for vehicle damage from potholes over the past five years. Councils paid out about £13.5 million on successful claims, based on figures from 147 of 207 local authorities that responded to freedom of information requests. Those councils approved 24% of claims on average.

Potholes form when water seeps into road cracks and freezes, expanding to create depressions, or from general wear. The RAC estimates more than one million potholes exist across the UK, with about six per mile on council roads in England and Wales. The Asphalt Industry Alliance warned in March that repairing all local road potholes in those areas would cost £18.6 billion.

In Netherfield, Nottinghamshire, cratered roads prompt warning signs. Resident Reg Patterson, 68, called the bumpy surfaces part of the local environment. "It's not very good," he said. "There have been some humorous signs around the local area, which are quite entertaining I think. In the last few weeks there has been a few temporary repairs I'd say. I think, generally, they're not very good at all."

Neighbor Georgina Swann, 57, described the roads as an "absolute nightmare." "There's a Facebook group that's dedicated to potholes around the area," she said. "The council needs to do more. It's affecting people's cars. Last time there was a local election, one of the big things was potholes. Nothing's been done. It's just awful."

Swann's frustration matched that of pothole protesters who gathered outside Nottinghamshire County Hall earlier this year. Reform UK council leader Mick Barton responded by prioritizing road fixes and unveiling two JCB machines for pothole repairs.

Mechanic Mick Hampshire, with 40 years at his Victoria Road garage in Netherfield, sees five pothole victims weekly. He said he has never replaced so many suspension struts, coil springs and tires. Under a lifted car, he rapped the fuel tank. "When they're going over a pothole... what's that?" he asked. "That's a fuel tank. Cars bottom in and it's hitting the fuel tank, which is potentially a sitting time bomb. I'm potentially seeing it now when lives are being put at risk, and the roads are a seriously dangerous place to be on."

Solicitor Nadia Kerr of Fletchers said pothole claims have surged as road conditions worsen. "There has been an increase," she said. "The state of the roads, we all know, is dreadful. Even though the local authorities are complying with the local policy, the number of incidents that are on the road are increasing and increasing."

Success requires expertise, Kerr noted. "You really need to know what you're doing and you need to find an expert in the field, because lots of people give up along the process," she said. "As soon as the local authority denies a claim, they tend to just advise there's nothing else you can do and they will close the file."

Councils often reject claims by arguing they lacked prior notice of the pothole. Kerr advised reporting defects immediately via official channels: GOV.UK postcode search in England and Wales, a mapping tool in Northern Ireland, or local council sites in Scotland. Third-party apps like FixMyStreet help but some councils ignore them or demand logins.

Rejections cite policy compliance, including regular inspections and prompt responses. Claimants challenge this with public reports councils ignored or evidence that defects met repair thresholds. A Nottinghamshire County Council spokesperson said each claim is checked against Highways Act 1980 requirements and policy. Claims are denied if policy was followed but settled if liability is proven.

Fraud has risen amid the cost-of-living crisis, with Zurich Municipal detecting exaggerated claims worth millions against councils. A Department for Transport spokesperson said the government is providing £7.3 billion to councils for pothole fixes, yielding 15% more prevention works in 2025 than 2024.

Sarah Gray of Sherwood, Nottingham, faces hundreds of pounds in repairs to her blue Peugeot 308. Kerr urged drivers to photograph damage, the pothole, injuries, and measure its dimensions swiftly. "We need [to know] how deep, how wide, how long the problem is - because all authorities have highway policies that will say what their minimum is before they have to do something," she said.

In Netherfield, drivers dodge potholes constantly. "We play 'dodge-hole', because it's literally trying to play the potholes all the time," Swann said. "You're trying to avoid them. It's got to the point where it's just dangerous to drive."