Pothole damage to your car: Know your rights in Eastbourne
Eastbourne's roads are in crisis. East Sussex County Council paid out the second-highest amount in pothole compensation of any council in England and Wales between 2022 and 2024, totalling over £598,000. If a pothole has damaged your vehicle, you may have the right to claim compensation. This guide explains what to do, step by step.
1. What are your legal rights?
Under the Highways Act 1980, highway authorities — which for most roads in Eastbourne means East Sussex County Council — have a legal duty to maintain roads in a condition that is safe for traffic. If they fail in this duty and your vehicle is damaged as a result, you may be entitled to compensation.
However, this is not automatic. The council can use what is known as the Section 58 defence under the Highways Act 1980 — meaning they are not liable if they can show they had a reasonable system of inspecting and repairing roads, and that the pothole either appeared after their last inspection or was not yet reported to them. This is why evidence and timing are critical.
"We can only be held liable in law for a loss, if we were aware of the defective asset and failed to repair or make the area safe within a reasonable timeframe. It is not the duty of the Highway Authority to keep the Highway completely clear of all defects."
Source: East Sussex Highways — Making a Claim
Important: You cannot claim if the damage was caused by debris from another vehicle. In those cases, contact your own insurance provider instead.
2. Who is responsible for the road?
Getting your claim to the right organisation is essential. For roads in Eastbourne:
Road type:
Most local roads, residential streets, B roads, smaller A roads
Who to contact:
East Sussex County Council / East Sussex Highways
Road type:
Major A roads and motorways (e.g. A27, A22 trunk sections)
Who to contact:
National Highways — 0300 123 5000
Road type:
Unsure which council manages the road?
Who to contact:
Use the GOV.UK postcode checker
3. What to do immediately after hitting a pothole
Acting quickly and collecting evidence is the most important thing you can do to support your claim.
1. Stop safely and check for damage. If it is safe to do so, pull over and inspect your vehicle. Look at your tyres, wheels, and listen for any unusual sounds. Check your steering feels normal. If in doubt, do not drive on — call for breakdown assistance.
2. Photograph everything. Take clear photographs of the pothole itself, showing its depth and width. Also photograph any damage to your vehicle. Note and photograph the exact location — road name, nearest landmark or house number — and the date and time.
3. Get witness details. If anyone saw what happened, take their name and contact details.
4. Report the pothole immediately. This is critical. Reporting creates an official record and significantly strengthens your claim. For roads in Eastbourne, report online at eastsussexhighways.com/report-problem or call 0345 60 80 193. You can also use fixmystreet.com. Keep your reference number — you will need it for your claim.
5. Get repair quotes before fixing your vehicle. Do not repair the damage yet if you can avoid it. Get at least two written quotes from reputable garages. If repair is urgent, keep all receipts. These form the basis of what you can claim.
6. Notify your insurer. Let your insurance company know what has happened, even if you intend to claim from the council. You do not have to claim on your insurance, but they should be kept informed.
4. How to make a claim against East Sussex Highways
East Sussex Highways (managed by East Sussex County Council) handles most claims for roads in Eastbourne. The full claims process is published at live.eastsussexhighways.com/application-forms/making-claim-east-sussex-highways. Here is how it works:
Step 1: Report the defect first
Before you can make a claim, East Sussex Highways require you to have reported the pothole. Do this at live.eastsussexhighways.com/report-problem or by calling 0345 60 80 193. Save your reference number.
Step 2: Complete the online claims form
Go to the East Sussex Highways claims page and complete the application form. According to East Sussex Highways, to investigate your claim they will need:
• Reference number from the report you have made
• Photos of the cause i.e. pothole, blocked drain
• Photos of the damaged items
• Invoice or estimate for the repair
Source: East Sussex Highways — Making a Claim (live.eastsussexhighways.com)
East Sussex Highways also state that "if a claim is successful, we will only pay for fair, reasonable and recoverable losses arising directly because of the accident; administration costs cannot be reimbursed e.g. postage, photocopying etc."
Source: East Sussex Highways — Making a Claim (live.eastsussexhighways.com)
Step 3: Wait for a decision
Councils typically take 8–12 weeks to respond, though cases can take longer. Be patient, but be persistent — keep copies of all correspondence.
Important: East Sussex Highways state clearly that "there is no automatic entitlement to compensation and very few claims are successful" and that "very few [incidents] are attributable to negligence on [the] part of East Sussex Highways." (Source) Do not be put off by this — if you have good evidence, it is worth pursuing. Citizens Advice can help you.
5. The claims picture in East Sussex
To understand the scale of the problem locally, the data is striking:
"East Sussex County Council paid out the second-highest amount [in pothole compensation] at £598,112 [between 2022 and 2024]."
"The number of claims submitted is increasing year on year, with four times the number of claims submitted in 2023/24 compared to the figure for 2020/21. The value of claims settled increased in proportion over the period, costing £375,000 of local taxpayers' money in 2023/24."
East Sussex Highways' own response to this data was that they repaired more than 20,000 potholes in one year alone, and that claims are rejected where inspection and repair duties were carried out within the required timeframes. This is exactly why having evidence that the pothole was previously reported is so valuable to your claim.
6. If your claim is rejected
A rejection is not necessarily the end of the road. You have options:
• Appeal the decision: Ask East Sussex Highways for a copy of their road inspection records for that stretch. Check whether inspections were carried out on schedule and whether the pothole had already been reported. Use FixMyStreet.com to see if previous reports exist for the same location.
• Negotiate: If the council accepts some liability but disputes the repair cost, obtain further quotes and put your case in writing.
• Small Claims Court: If your claim is rejected unfairly, you can pursue the matter through the small claims court for amounts up to £10,000. Citizens Advice strongly recommends seeking advice before doing this. See gov.uk/make-court-claim-for-money for more information.
• Your own insurer: As an alternative, or if all else fails, you can claim through your own car insurance. This will mean paying your excess and may affect your no-claims bonus, so it is generally better to try the council route first.
7. Building a strong claim: checklist
The more evidence you can provide, the stronger your claim. Use this checklist:
Photos of the pothole showing depth and width (include a ruler or coin for scale if possible)
Photos of the damage to your vehicle
The exact location and date/time of the incident
Your East Sussex Highways report reference number
Details of any witnesses
At least two written repair quotes or invoices if repair was urgent
Any record that the pothole had already been reported before your incident (check FixMyStreet.com for previous reports at that location)
All correspondence with the council, saved and dated
8. Key contacts
Report a pothole (Eastbourne)
live.eastsussexhighways.com/report-problem | Tel: 0345 60 80 193
Make a claim — East Sussex Highways
live.eastsussexhighways.com — Making a Claim
ESCC Highway Claims policy
eastsussex.gov.uk — Highway Claims
National Highways (A roads / motorways)
nationalhighways.co.uk | Tel: 0300 123 5000
Report & check previous reports
GOV.UK — which authority owns the road?
Highways Act 1980 — Section 58
legislation.gov.uk — Highways Act 1980 s.58
Citizens Advice Eastbourne
eastbournecab.co.uk | Freephone: 0800 144 8848