Freedom of information response

The National Highways definition of the Local Road Network is that portion of the Road Network for which a Local Government is responsible, and is eligible for funding from the State Government to operate and maintain.  

With this in mind, for the last calendar year (January 2023 - Dec 2023) or last full year for which you have recorded figures, please would you disclose:  

1a.         the percentage of compensation claims, brought by drivers for vehicle damage from potholes in your Local Road Network, which were not paid out by your council.

i.e. the total number of claims submitted to your council for pothole-related vehicle damage, versus the total number of claims paid out by your council.

Pothole related vehicle damage claims received between the period of 01 January 2023 to 31 December 2023:

1b.      your council's criteria for compensating, or not compensating, a driver who brings such a claim.

All Public Liability claims are decided on an individual basis. The Highways Act 1980 gives the Council a statutory defence against claims, as long as the Council can prove all reasonable steps were taken. A Council can demonstrate this by showing that it operates a reasonable system of inspection, maintenance and repair.

For a claim to be successful, a claimant would need to prove that the Council had been negligent and/or breached its statutory duty.

For reference, please find an example of the information I am requesting, here: https://www.sunderland.gov.uk/media/31141/HighwayClaimsData/pdf/Highway_Claims_Data.pdf?m=1699722169190

2. The percentage of potholes - identified by or reported to your council by any individual, public or council member - which were subsequently fixed, across your local road network.