Potholes - Making a Claim

You are more likely to win a claim if:
  • The pothole had been reported previously and  the council did not repair it within their required timeframe. (Each council has its own deadlines depending on pothole size and road type.) 

  • The pothole was large enough to be considered dangerous  and should have triggered urgent repair under the council’s policy.

  • You have evidence showing the pothole caused the damage (photos, location, repair invoice, date/time). 

Why a claim is usually rejected

Councils often refuse claims if:

  • They can show they inspected the road on schedule and the pothole formed between inspections.

  • The pothole was reported very recently, and they were still within their repair window.

  • You cannot prove the pothole caused the damage.

This is because councils have a legal defence under Section 58 of the Highways Act if they can show a “reasonable system of inspection and maintenance.” 

How to make your claim
  1. Collect evidence

    • Photos of the pothole (with scale)

    • Photos of vehicle damage

    • Exact location (what3words helps)

    • Date and time

    • Repair quote or invoice

  2. Check the pothole’s report history
  3. Submit a claim to the council

    • For Peterborough/Cambridgeshire, you use the Highways claim process on the council website at making a highways claim

  4. Be prepared to appeal

    • Councils often reject first claims automatically.

    • You can challenge with stronger evidence.

Quick guidance for your situation

If the pothole had already been reported and the council did not repair it within their own stated timescales, you have a strong claim for compensation.

The Cambridgeshire County Council highways claim page  confirms that Cambridgeshire uses a risk‑based inspection and repair system, where each defect must be repaired within set times depending on its severity and the road classification.

Cambridgeshire normally operates (based on their published Highways Maintenance Policy and typical UK council standards):

Cambridgeshire’s Usual Pothole Repair Timescales

(These are the standards the council will use to accept or reject your claim.)

Category 1 – Emergency defects

Examples:

  • Very deep potholes

  • Exposed edges

  • Immediate danger

Repair target:

  • 2 hours for the most severe

  • 24 hours for urgent but not life‑threatening

Category 2 – Safety defects

Examples:

  • Potholes typically 40mm+ deep on roads

  • Potholes 20mm+ on footways

Repair target:

  • 5 working days (common Cambridgeshire target)

Category 3 – Non‑urgent defects

Examples:

  • Shallow potholes

  • Surface deterioration

Repair target:

  • 28 days or added to a planned works programme

These are the timeframes the council must meet to use the Section 58 defence (“we inspected and repaired in time, so we’re not liable”).

What this means for your claim

If the pothole that damaged your vehicle:

  • Was already reported,

  • Was large enough to meet the safety threshold, and

  • Was not repaired within the correct timescale,

then it is likely that Cambridgeshire County Council is liable, and your claim is strong.