Skip advert
Advertisement

Make a claim

Motorists are getting better at winning pay-outs for cars damaged by Britain’s broken-down roads

According to the AA Motoring Trust, claims have shot up by nearly 60 per cent in the past decade, costing local authorities £473million in compensation in England alone. Its spokesman said: “The increase is partly due to the current ‘compensation culture’, but also the fact that people are more savvy about what they are entitled to.”

Advertisement - Article continues below

Those people include Auto Express reader Nigel Burnham. He complained to his local authority after steering his car through wet tar. “I had driven past contractors laying a new road, and the car suddenly felt like it was running on flat tyres,” he told Helpline. “When I got out to check what was wrong, I realised that the tread was completely filled with black gunge. The tyres looked like Liquorice Allsorts! I had to buy two new replacements before continuing my journey.”

Nigel took photographs, and sent both them and the £70 repair bill to the council. He is still waiting for its decision, but our guidelines opposite show exactly what steps motorists should take in his situation – and what to do if the claim is rejected.

Setting out your claim

If you’ve decided to seek compensation from your local authority for damage to your car, here’s a checklist of key points you need to remember when gathering evidence, tackling the council and, if necessary, going to an English court.

Skip advert
Advertisement
Skip advert
Advertisement - Article continues below

Gathering evidence● Take pictures and careful measurements of the holes or obstruction in the road, in case the problem has been repaired by the time your case is dealt with. Also, get shots of the damage to your car.● Make a note of the time, date, lighting situation and weather conditions when the incident took place.● Make sure you get a witness – if you don’t have a passenger to call on, a passer-by will do – as it may pay to have a second opinion.● If necessary, call out a breakdown firm, who can later confirm the damage to your vehicle.

Tackling the council● Call the council to get a claim form.● Send back this form, plus your photographs and estimates of repair costs, by registered post.● The council is duty-bound to reply to you within 30 days.● If you haven’t heard back, write again stating you’re about to take the matter to court. The council then has three months to inform you whether it intends to settle the claim.

Going to court● If the claim is for less than £5,000, excluding personal injury, take it to the small claims division of the County Court. You will be given a hearing date, but do not need to engage a solicitor.● Keep a record of expenses, as you are entitled to include these in your claim. The courts are keen on protecting public funds, however, so remember to keep your request as reasonable as possible.● Attend the court and present your evidence to the district judge.● Visit the Department of Constitutional Affairs’ website, which you can find at www.dca.gov.uk, for more details.

Skip advert
Advertisement
Skip advert
Advertisement

Recommended

Best car discounts 2025 – big savings on list prices of today’s top new cars
Best car discounts

Best car discounts 2025 – big savings on list prices of today’s top new cars

Save on the official manufacturer’s list price with these tempting new car discounts.
Best cars & vans
29 Apr 2025
Pre-registered cars: buying guide
Pre-reg guide

Pre-registered cars: buying guide

We explore the pros and cons of picking a pre-reg car instead of buying a brand new car
Tips & advice
8 Apr 2025
Used car ads now allow buyers to be as picky as they please
Opinion - used car adverts

Used car ads now allow buyers to be as picky as they please

Richard Ingram reckons that if you want a used car in a very specific spec, you should seek out the right one– regardless of where it is
Opinion
27 Mar 2025
Bangernomics: how to buy a banger and run it for peanuts
Bangernomics: how to buy a banger and run it for peanuts

Bangernomics: how to buy a banger and run it for peanuts

Buying and running a car for peanuts might seem like a gamble, but it’s achievable if you follow a few simple steps
Tips & advice
24 Mar 2025

Most Popular

New Kia PV5 Passenger MPV undercuts the VW ID.Buzz by a huge £25k
Kia PV5 Passenger - show front

New Kia PV5 Passenger MPV undercuts the VW ID.Buzz by a huge £25k

New entry into the electric people carrier market undercuts the VW ID. Buzz by a significant margin
News
29 Apr 2025
Ford Fiesta set to return? Icon could be reborn with a little help from Volkswagen
Ford Fiesta exclusive image

Ford Fiesta set to return? Icon could be reborn with a little help from Volkswagen

The Ford Fiesta could be coming back from the dead, and our exclusive image previews how it might look
News
2 May 2025
New 2025 Kia PV5 van starts from a tempting £22,645
Kia PV5 Cargo on display at Commercial Vehicle Show - front 3/4

New 2025 Kia PV5 van starts from a tempting £22,645

All-new entry into the van market promises competitive pricing and comes with a range of up to 247 miles
News
30 Apr 2025