Can we claim water damage from pothole?
QWE have a pothole in front of our house which sprays our house, damaging plastering, and causing the door to warp. There is also a blocked drain.
The water leaks into our living room, soaking the skirting boards. We have reported the damage to the council from the hole and nearby silted-up drain but any relief is temporary. The whole thing starts again after six or so months. Could we claim compensation for the damage from the water collection on the road? Quentin D
ATHIS is unusual. Most pothole damage is to the wheels and suspensions of cars – as well as personal injury to cyclists, motor-cyclists and pedestrians.
Your home would seem to be very close to the road. Potholes are a fast-growing problem even if not all councils agree on a definition – but usually 25cm wide and 5cm deep on local roads.
As you provide no contact details, we cannot approach your council for comment. As this is a long standing problem, rather than a one-off event such as a flood or a burst water main, you do not have a valid claim on home insurance.
Councils have a duty to maintain local roads – which your street is. Many are cash-strapped so maintenance is ignored until there is a complaint. Most local authorities have an online reporting system for potholes. You should try escalating this complaint to local councillors, MPs and also seek a meeting with the council officer who heads road maintenance.
You appear to have asked the council to repair the pothole. It may be unaware that its contractors do not sort the job properly. The council employs contractors so it is ultimately responsible for their actions – or inaction.
You should prepare an itemised account of the damage and the cost of repair to present to the council. You should be prepared to consult a solicitor ahead of potential legal action. The council might suggest compensation rather than go to court.
But you must ensure your case is water-tight. The council could suggest your property has weaknesses such as faults in the walls allowing the water to gather. It might also question why, knowing the damage by vehicles splashing water, you do not appear to have taken any defensive action – even something basic like sandbags.