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Pothole damage cost me £480 but the council deny liability. Should I go through Small Claims?

I sustained damage to two tyres from hitting a large pot hole. The council are denying liability as they say they knew about the hole from a report the day before. They had apparently initiated their procedures as per the 1980 Highways Act and had arranged an inspection and programme of works. There was no attempt to cordon off the pothole or any warning signs placed. The damage cost me £480. Do you think it is worth me going through the small claims court or will I be wasting my money? Thank you.

Asked on 7 July 2021 by Chris Tate

Answered by Dan Powell
Claiming for pothole damage to your car is notoriously difficult. Section 58 of the Highways Act 1980 gives the council a statutory defence, so long as they can prove that they took reasonable care to make sure the road wasn’t dangerous to traffic. Your local council will have a formal system of road inspection and repair. You are entitled to see the details of the council's road inspection reports to see if it had fulfilled its legal duty.
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