Should Caithness drivers bother claiming for pothole damage to their vehicles? Iain Gregory from Caithness Roads Recovery gives his opinion
With 83 per cent of UK motorists paying out of pocket for pothole damage should Caithness drivers bother trying to claim the costs?
A survey from Quotezone.co.uk reveals 92 per cent of drivers feel potholes in their local area are getting worse. Because of this, many drivers have to take evasive action to help prevent an incident or unnecessary damage.
Drivers can claim for pothole vehicle damage either through the local council looking after the road, relevant road authority, or through their insurance provider. Of those who have experienced vehicle damage due to potholes, over four in five (83 per cent) have paid out of pocket for repairs, while only 6 per cent have claimed through their insurance company.
Iain Gregory, co-founder of Caithness Roads Recovery (CRR), said: "I think the first thing that has to be emphasised is this – some of the road defects we have experienced across Caithness over the past few years are so hazardous that striking one may not only lead to extensive damage but could easily result in an accident such as a burst tyre leading to loss of control, a motorcyclist being flung from the machine, or a cyclist, wheelchair user, or horse rider being thrown to the ground.
"The only advice we can give is to be constantly alert for danger from not only potholes but other hazards as well; always be aware of the presence of oncoming traffic; constantly check all three mirrors to be familiar with the location and likely intentions of following vehicles; and always maintain a safe following distance, so that if you are forced to brake, or take evasive action to avoid a pothole or other hazard, you can do so safely, and in accordance with the law.”
Mr Gregory says that the question of whether or not to make a claim is “clearly a matter for the individual to decide upon”.
As a first step, he recommends telephoning Highland Council (HC) on 01349 886 601 and asking for a claim form for pothole damage to your vehicle. When you receive the form, complete it in full, ensuring that the facts are accurately recorded.
Send the form back to the council, attaching a copy of the receipted repair bill and “make absolutely sure” that all details are correct, with your name/address and information about the vehicle and repairs/costs clearly shown. Attach, only if safe to obtain, photograph(s) of the offending road defect, and, if possible, photographs of the damage sustained.
“Be prepared for a long wait though. The council will either agree to your claim or they may reject it. If it is rejected, you may wish to appeal. It is also open to a claimant to consider using ‘simple procedure’, often still known as a ‘small claim’, via the courts at www.scotcourts.gov.uk/taking-action/simple-procedure
"Is it worth making a claim? Once again, this is for the individual to decide, but many claims are settled. As an example, we note from a datasheet issued by HC in September of 2023, that in 2022 a total of 539 claims forms were received by HC, and, at that point, 489 of the claims had been ‘completed’ – with 50 ‘open’ cases – and 373 claims had been paid, with 116 refuted. So, out of 489 ‘completed’ cases, 373 had been paid.
On a final note, Mr Gregory highlighted information from Highland Council’s website stating: "Do not, under any circumstances, stand in the road (carriageway) to measure a pothole or take a photograph of it. Always use a commonsense approach. You are responsible for your own safety."
He adds: “Excellent advice which we fully endorse, but CRR looks forward to the day when the 761.9 km of HC-maintained roads across Caithness are in such a condition that we are all able to travel safely."
It is important to remember no claims discounts will likely no longer be in place for those who choose to claim through their insurance, and they will normally have to pay the excess fee, so it is worth weighing up the savings.
Before making a report to the local council seek witnesses to the incident and evidence from a trained mechanic. The pothole in question normally needs to be at least 40mm deep.
Nine out of ten, (94 per cent), admit to having swerved around a dangerous pothole to avoid damaging their car, but the insurance experts say these actions could actually see drivers penalised, disqualified from driving, or hit with penalty points for careless and inconsiderate driving.
Motorists could find also themselves hit with fines of up to £2500 if their attempts to avoid pothole damage are viewed as driving without due care and attention.