A council in the United Kingdom spent over £2,100 in legal fees to contest a £190 compensation claim for damage caused by a pothole, a process that lasted 15 months and was settled shortly before it was due to go to court. Victoria Broadbent's Volkswagen Golf sustained a burst tire after hitting the pothole in Cirencester in May 2023.
Her husband, Richard Broadbent, filed a claim for £189.60 in compensation from Gloucestershire County Council, which was initially rejected. The council cited Section 58 of the Highways Act, which allows local authorities to deny liability if they can demonstrate regular road checks and maintenance, and that they were unaware of the need for repairs.
However, evidence emerged showing the council was aware of the pothole. A site history report indicated that another driver had reported damage from the same pothole just three weeks prior to Mrs. Broadbent's incident, and the pothole had been scheduled for repair the following working day. The claim from the earlier driver was also denied.
Richard Broadbent, a former Metropolitan Police officer, pursued the claim for 15 months, engaging with council lawyers and a judge. He stated that he had offered dashcam footage of the incident to the council, but it was declined. The council's legal team reportedly questioned the validity of the incident itself, despite the video evidence.
Two days before the case was set to be heard in small claims court, the council offered a settlement. While not admitting liability, the council agreed to cover the full repair costs and any court expenses.
"For the council to spend so much time and money contesting this was appalling," Richard Broadbent told The Times. "The idea that this is an organisation committed to public service is frankly ludicrous, given its aggressive and dismissive approach to assessing a legitimate, comprehensively evidenced damages claim by a member of the public."
Gloucestershire County Council has a low rate of claim payouts. Over the past five years, the council has paid out on only 3.15% of the 2,539 pothole-related claims it received. This rate is significantly lower than the national average. Scott Dixon, who runs the Complaints Resolver website, suggested that local authorities often vigorously defend claims to deter future claims, implying a lack of funds for actual road maintenance.
Simon Williams from the RAC noted that Section 58 of the Highway Act is frequently used by councils to avoid compensation payouts and that the council should have settled the Broadbents' claim sooner to avoid escalating legal costs. He also pointed out that compensation amounts often fall short of actual repair costs.
Public satisfaction with the condition of roads in Gloucestershire, at 21%, is below the national average of 26%. Satisfaction with how the council handles pothole claims is also lower than the national average. Gloucestershire County Council has been contacted for comment.