'Pothole wrote off my car but council won't pay'

A woman whose car was written off after it hit a pothole has been told she will not receive compensation.

Sarah O'Connor, 35, was driving home to Hornsea, East Yorkshire, in January when she hit the pothole in Catwick. It burst a tyre, broke the exhaust and caused damage totalling about £4,500.

She lodged a claim against East Riding of Yorkshire Council, but its insurer has deemed the authority not to be liable.

A council spokesperson said the pothole was repaired the day it was reported, and added that compensation would be paid only if the authority was "found to have failed in its legal duty to inspect and maintain the road within a reasonable timescale".

"There were just cars behind us pulling up, piling up, all with the same thing [popped tyres]," O'Connor said.

"I don't feel like it's my fault. It's not my job to repair the roads. I just drive on them."

Recalling the incident on the A1035, she said she heard "a massive thud, and half my car tilted to one side".

She contacted the council the following day and started emailing its insurer in February.

"I've essentially been told that they're not going to pay out," she said.

"They're not going to give me anything. They say they're not liable for it."

Her own insurer said it would not be economical to repair the vehicle and it was written off.

She has received her payout and is saving for another car, but she said she was concerned the cost of her insurance would go up following her claim.

"I feel like [the council] should have a little bit more respect for people. We all pay our road tax and council tax and they're not maintaining the roads," she said.

"I think it's disgusting. I shouldn't be having to foot the bill for this. It should be them."

A BBC investigation has revealed that only one in four drivers received compensation after lodging claims for pothole-inflicted damage in Britain over the past five years.

In East Yorkshire, the figure was well below the average, with the council paying out on 7% of the 579 claims it received – a total of £14,968 in compensation.

According to the RAC, there are more than a million potholes across the UK, although the number varies between the seasons.

Simon Williams, head of policy at the RAC, said: "This story is all too common on Britain's crumbling road network, which has suffered years of neglect."

He said data showed that claims against councils had risen by 90% between 2021 and 2024.

"In order for drivers to win compensation, a council has to be aware of the pothole, either via one of its routine checks or via a member of the public reporting it, and not taken action to repair it, either temporarily or permanently," he said.

A spokesperson for East Riding of Yorkshire Council said: "While we are unable to discuss individual claims, we recognise the concerns raised and sympathise with anyone who has experienced vehicle damage.

"However, it is important to clarify the council is not automatically liable for defects on the highway.

"The council has a legal duty to maintain the highway network and, where damage claims arise, needs to be able to demonstrate reasonable care has been taken to inspect and maintain the road.

"All claims of this nature are carefully considered in conjunction with the council's insurers, Zurich Municipal.

"Potholes can occur suddenly and compensation will be paid only if the council is found to have failed in its legal duty to inspect and maintain the road within a reasonable timescale."

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