More than three-quarters of pothole claims rejected

Toni Barrows said she didn't think she "should have been rejected" for a tyre replacement

More than three quarters of pothole compensation claims were rejected by councils in south-east England in the last year.

Data obtained by BBC South East shows that of 4,357 claims that were made to and dealt with by councils in Kent, Surrey and Sussex in 2023-24, 77% were rejected.

Road users who have seen their vehicles damaged said they had been "flabbergasted" by councils not paying out.

But the local authorities - who are only responsible if they did not inspect a road often enough or repair a pothole within an appropriate amount of time - said claims were "thoroughly investigated".

The data, which comes from county councils, as well as councils in Medway and Brighton & Hove, covers 12 months up to 18 March.

It shows there were 7,103 claims made in total in the last financial year, with 2,746 still outstanding.

In 2022-23, 79% of pothole claims were rejected by councils, while 91% of claims were rejected in 2021-22.

While councils are responsible for managing smaller roads within their area, most A-roads and motorways are maintained by National Highways.

Ms Barrows said her car was only eight months old when a tyre burst on a pothole

Toni Barrows, 37, said her car burst a tyre as she stopped for another vehicle on a country lane in Cranbrook last year.

She said there was "a giant pothole" where she pulled in, "and there was water across the road so I couldn't see it".

Her claim to Kent County Council to cover the £135 for a new tyre was rejected on the grounds that the road had been inspected the month before with "no foreseeably hazardous defects" spotted, and no-one had previously reported the pothole.

But Ms Barrows said she was "flabbergasted" by their response, adding that there was nowhere else for her to stop.

Peter Archibald said he had tried to claim £177.41 from Surrey County Council in "good faith" after driving into a pothole on a lane off the A3.

"There was traffic coming the other way so we couldn't move," he said. "The potholes are just ridiculous".

But the council said it would not make a payment to replace a tyre and other associated costs because it had undertaken "regular routine safety inspections" of the road.

The Highways Act sets out when councils are liable for damage caused by potholes

Charleigh Sally Wood, 30, from Eastbourne, said she initially had a claim of about £2,000 rejected by East Sussex County Council after badly damaging her car due to a pothole on 22 September.

She said it meant she had to pay for new engine mounts and new wheels.

A council rejection letter noted that when it inspected the road in August, the pothole "was not noted to be at intervention level" and that it reviewed the road after she reported the pothole on 22 September.

"Repairs were carried out the next day," the letter continued.

Ms Wood argued that despite the council suggesting the pothole was "not that bad...they went out that night and filled it".

She said the council did eventually compensate her.

The councils, who responded independently to the BBC, said claims were "thoroughly investigated".

They also said many claims were unsuccessful as due to rules outlined in the Highways Act, they were only liable if they had not inspected roads often enough or did not repair a pothole within an "appropriate" amount of time after being notified.

They added that they inspected roads in line with national guidance.