How to report and how to claim for vehicle damage

Today (Thursday 14 August 2025), the AA released a new report AA and Pothole Partnership Raise Fresh Concerns as Summer Heat Fuels Pothole Problem revealing how hot weather conditions are exacerbating potholes in the country’s roads.

The July 2025 AA Pothole Index showed a clear rise in incidents caused by potholes to which the AA was called out, compared to July 2024 :

Credit: AA

Perhaps surprisingly, figures earlier in the year showed callouts for pothole damage to members’ cars had actually reduced considerably.

The impact of extensive road repairs and increased government financial support supported the reduction in cases. However, the hotter weather this summer has contributed to a surge in pothole incidents.

The AA says:

“The rise in incidents is believed to be linked to the hotter summer weather, which may be exacerbating road surface weaknesses and increasing the risk of tyre damage. The AA has identified several contributing factors:

1. Increased road trips on unfamiliar rural roads, which often receive lower priority for repairs.
2. Higher temperatures making worn or damaged tyres more susceptible to failure.
3. Heat stress worsening already weakened road surfaces.”

The Pothole Partnership brings together the AA, National Motorcyclists Council, British Cycling, IAM RoadSmart, the British Motorcyclists Federation and manufacturer JCB. It has expressed a high concern regarding the latest statistics and developments, highlighting the increased risk to road users.

With the growing number of potholes comes a corresponding increase in the damage caused to vehicles. So what can you do about pot holes?

See a pothole? Report it!

As well as their own inspection programmes, councils also accept notifications of problems from the public. Reports also help show that the council were aware of the issue if there is a subsequent problem and they still didn’t fix it. Use the National Street Gazetteer on FindMyStreet to determine who owns the road and to which local authority you should report the problem.

Alternatively, use the official Government “Report a pothole” service.

How to complain and claim for injury or damage to your vehicle

Start by gathering your evidence. Write to the local authority and ask for details of their road repair programme. If the council hasn’t been properly maintaining a road then this will strengthen your case. Send photos/video evidence of the pothole. Detail the length and depth in the photo, if you can, send a plan showing what happened. Describe the damage caused and, if relevant, include quotes for putting right the damage or copies of receipts and medical notes.

If you hit a pothole and you aren’t sure where you are, use the Three Words app. This gives you the three random words assigned to an exact location 3 metres wide.

Claim for a specific amount, showing the workings of your calculation.

You can also make a Freedom of Information request to your council, asking for all complaints about the specific pothole. If they have received complaints but not acted, this will really help your claim.

Freedom of Information data should give the age of wearing surface, numbers of reports and repairs. If the claim went to court, the judge would decide the matter on whether the average person would say that the surface is “Out of Repair”.

If you are not getting a reply to your complaint, email the CEO of the local authority, find their email address at https://www.CEOemail.com

Go to moneyclaimonline in England and Wales. For Scotland go to scotcourt.gov.uk and Northern Ireland NIDirect.gov.uk

Fill in all the details until “submit”. This should include everything that you are claiming for, plus the court costs which vary according to the amount you are claiming. Add in any out-of-pocket expenses, such as travel costs that you may have incurred or will incur in attending court. Then take a screenshot.

Email the CEO, attaching the screenshot, forward the previous correspondence and change the subject line to “email before action”. In the email, write that further to previous correspondence you are not satisfied with the response and will be taking the matter through the Small Claims Court.

Fight your pothole claim!

Local authorities will usually fight pothole claims. Their strongest defence is that they already have a maintenance programme in place. However, don’t be put off in making a claim. You don’t need a solicitor, although many no-win-no-fee solicitors do take on pothole cases.

Potholes on private land

It can be more challenging if you have sustained damage due to a pothole on private land. Private landowners and occupiers have a duty of care towards visitors to their premises to avoid accident claims, under section 1 of the Occupiers’ Liability Act 1957. Specifically, they must “take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there”.

You will need to claim against the landowner using all the evidence, as above, and threaten legal action.

Potholes aren’t just an inconvenience, they’re a hazard you don’t have to put up with! Whether on public roads or private land, you have the right to report, complain and claim for the damage caused to your vehicle. By persevering and using evidence you can hold the responsible body to account, ensure you are not out of pocket and, hopefully, improve the roads!

Further help with complaining effectively to a company

For masses of information, tips, guidance, laws and regulations and templates GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

Want to get better at complaining? See 101 Habits of an Effective Complainer

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