Hello experts
On 21st Dec last year I hit a pothole that resulted in slow loss of air in one of the wheels. The repair company informed me that the crack in the wheel was beyond the structural line and therefore a repair was no longer a safe option.
The pothole was not registered on Hertfordshire database so I submitted a report. I also submitted a Highway insurance claim for cost of a replacement OEM wheel, referencing the pothole report. The summary of my argument in the claim was:
- the pothole was not clearly marked on the road
- there is no street lighting
- it is a high speed road (50mph)
- the pothole position in the lane increases the chance of impact as it is directly under the passenger wheel
- Hertfordshire County Council has been negligent in its duty under Section 41 of the Highways Act 1980 to maintain the highway in a safe condition for road users
Hertfordshire council's response below - TLDR; they won't pay as they believe all statutory inspections of the location have been undertaken, most recently before the incident on the 17 Dec.
I have an option to appeal within 4 weeks. My layman instinct is to appeal on the basis their response is insufficient evidence, they must surely have to provide the full report of the inspection on 17 Dec including identified potholes and their locations and any decision made about the potholes.
Does anyone have experience making a successful claim against a council? Or guidance on how to structure a successful appeal?
Thank you for completing the Hertfordshire Highways Incident Report Form and we are sorry that you have had cause to seek compensation. I can confirm we have investigated this matter.
It is not always the case that someone is to blame as a result of a defect being present and does not automatically make the Council, as the relevant Highway Authority for Hertfordshire County Council liable for any damage sustained as a result of it. For a claim to be successful it is necessary to show that the Council has failed in its duty to maintain the highway
The Highways Act 1980 requires that as the Highway Authority, the County Council maintain all roads under its jurisdiction. Inspections are therefore carried out at regular intervals, although the frequency depends upon the type of road. After checking with our highway records we can advise that at this location, inspections are carried out Monthly.
All statutory inspections of the location have been undertaken; most recently the inspection undertaken before your incident took place on the 17/12/2025.
Hertfordshire Highways operates a robust maintenance policy and is responsible for managing and maintaining one of the busiest networks in the country. Further information regarding Hertfordshire County Councils Highway Maintenance Policy can be found on our website www.hertfordshire.gov.uk (defect management approach).
In view of the above we consider that the County Council has complied with our statutory duty as laid down in the Highways Act of 1980 (Section 58) and do not consider that there has been a breach of duty. Given the above, I am unable to offer the compensation that you have requested.
If you wish to appeal against our decision, please write to our section with your reasons of appeal (an email will suffice). Please do not reply to this email address, please send your appeal to insurance@hertfordshire.gov.uk. We aim to provide a response to an appeal within 4 weeks, however during busy periods this may take longer. Please note that we are only able to review your claim if you provide sufficient grounds for appeal and we refer you to further guidance and information provided further down within this email.
