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#Post#: 107313--------------------------------------------------
Hertfordshire Highways insurance claim - wheel destroyed by
pothole
DIR By: markeman
Date: January 25, 2026, 12:23 pm
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Hello experts
On 21st Dec last year I hit a pothole that resulted in slow loss
of air in one of the wheels. The repair company informed me
that the crack in the wheel was beyond the structural line and
therefore a repair was no longer a safe option.
The pothole was not registered on Hertfordshire database so I
submitted a report. I also submitted a Highway insurance claim
for cost of a replacement OEM wheel, referencing the pothole
report. The summary of my argument in the claim was:
- the pothole was not clearly marked on the road
- there is no street lighting
- it is a high speed road (50mph)
- the pothole position in the lane increases the chance of
impact as it is directly under the passenger wheel
- Hertfordshire County Council has been negligent in its duty
under Section 41 of the Highways Act 1980 to maintain the
highway in a safe condition for road users
Hertfordshire council's response below - TLDR; they won't pay as
they believe all statutory inspections of the location have been
undertaken, most recently before the incident on the 17 Dec.
I have an option to appeal within 4 weeks. My layman instinct
is to appeal on the basis their response is insufficient
evidence, they must surely have to provide the full report of
the inspection on 17 Dec including identified potholes and their
locations and any decision made about the potholes.
Does anyone have experience making a successful claim against a
council? Or guidance on how to structure a successful appeal?
--- Quote ---
> Thank you for completing the Hertfordshire Highways Incident
Report Form and we are sorry that you have had cause to seek
compensation. I can confirm we have investigated this matter.
> It is not always the case that someone is to blame as a result
of a defect being present and does not automatically make the
Council, as the relevant Highway Authority for Hertfordshire
County Council liable for any damage sustained as a result of
it. For a claim to be successful it is necessary to show that
the Council has failed in its duty to maintain the highway
> The Highways Act 1980 requires that as the Highway Authority,
the County Council maintain all roads under its jurisdiction.
Inspections are therefore carried out at regular intervals,
although the frequency depends upon the type of road. After
checking with our highway records we can advise that at this
location, inspections are carried out Monthly.
> All statutory inspections of the location have been
undertaken; most recently the inspection undertaken before your
incident took place on the 17/12/2025.
> Hertfordshire Highways operates a robust maintenance policy
and is responsible for managing and maintaining one of the
busiest networks in the country. Further information regarding
Hertfordshire County Councils Highway Maintenance Policy can be
found on our website www.hertfordshire.gov.uk (defect management
approach).
> In view of the above we consider that the County Council has
complied with our statutory duty as laid down in the Highways
Act of 1980 (Section 58) and do not consider that there has been
a breach of duty. Given the above, I am unable to offer the
compensation that you have requested.
> If you wish to appeal against our decision, please write to
our section with your reasons of appeal (an email will suffice).
Please do not reply to this email address, please send your
appeal to insurance@hertfordshire.gov.uk. We aim to provide a
response to an appeal within 4 weeks, however during busy
periods this may take longer. Please note that we are only able
to review your claim if you provide sufficient grounds for
appeal and we refer you to further guidance and information
provided further down within this email.
>
--- End Quote ---
#Post#: 107373--------------------------------------------------
Re: Hertfordshire Highways insurance claim - wheel destroyed by
pothole
DIR By: coffee pot
Date: January 26, 2026, 6:13 am
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They always fob you off first. Make an FOI demand for the
inspection documentation. Do you have pictures of the pothole,
the wheel, evidence that it is scrapped from the repair company?
Make sure you have insurance documents, MOT, and everything in
order on the vehicle as they won't pay out if you can't prove
that, either.
#Post#: 107394--------------------------------------------------
Re: Hertfordshire Highways insurance claim - wheel destroyed by
pothole
DIR By: markeman
Date: January 26, 2026, 8:17 am
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Thanks [member=3851]coffee pot[/member].
Yes all docs are in order - pothole report ID (includes photos
of the pothole), map of pothole location, photos of damaged
wheel, email from the wheel specialist that a repair is not road
safe due to crack extending beyond the structural line, quote
for OEM replacement from manufacturer, insurance cert. I have
MOT too although I don't think Herts insurance claim form
required that to be included.
Good suggestion, I'll make the FOI request and share results
here.
#Post#: 107408--------------------------------------------------
Re: Hertfordshire Highways insurance claim - wheel destroyed by
pothole
DIR By: mickR
Date: January 26, 2026, 9:30 am
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Strange the Herts Highways found it necessary to inspect the
pothole you highlighted and only a few days before. I can tell
you Herts Highways said exactly the same to me when making a
claim, the area had been inspected just days before.
as above a FOI (possibly under the Environmental section)
find out exactly what they looked at and when
#Post#: 107431--------------------------------------------------
Re: Hertfordshire Highways insurance claim - wheel destroyed by
pothole
DIR By: coffee pot
Date: January 26, 2026, 12:04 pm
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You may find this interesting and relevant reading
HTML https://www.telegraph.co.uk/money/consumer-affairs/council-reject-seven-in-10-pothole-claims-loophole/
#Post#: 107434--------------------------------------------------
Re: Hertfordshire Highways insurance claim - wheel destroyed by
pothole
DIR By: markeman
Date: January 26, 2026, 12:52 pm
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[member=75]mickR[/member] good to know this is par for the
course! FOI request submitted for the full report matching
inspection date Herts Claims gave me.
[member=3851]coffee pot[/member] Interesting article, although
sadly I doubt will influence the outcome of my case. The rate
of deterioration and patching of potholes, at least in some
areas of Herts, is going to mean a world of pain in the not too
distant future when the council becomes overwhelmed by sheer
amount of holes and will need to close of significant parts of
the road network simultaneously for full surfacing. It's just
kicking the can down the road.
#Post#: 117281--------------------------------------------------
Re: Hertfordshire Highways insurance claim - wheel destroyed by
pothole
DIR By: just glad of help
Date: April 29, 2026, 1:36 am
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somerset council were taken to court by someone where cats eyes
were loose and damaged the tyres, they won the case. not sure if
that helps. good luck
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