Question to the Department for Transport:

To ask His Majesty's Government what plans they have to ensure that local authorities pay compensation to motorists whose vehicles are damaged by potholes.

Section 41 of the Highways Act 1980 places a statutory duty on highway authorities to maintain public highways.

Dealing with compensation claims due to defects such as potholes on the highway network is entirely the responsibility of the relevant highway authority.

The Department cannot comment on individual claims for vehicle damages arising from alleged defects on the highway. Such matters are for resolution between the claimant and the relevant highway authority.

Where parties cannot agree, it is for the court to determine whether the local highway authority has met its duty under Section 41 and exercised reasonable care in maintaining the highway.