We may be liable for damage to vehicles or personal injury, if we have been negligent.
You must prove that:
- we have not maintained the highway in question
- a highways fault was the direct cause of your incident
- you suffered a loss directly due to your incident
However, the law provides us with a legal defence if we:
- take reasonable care to keep our highways safe
- can show that we had in place reasonable maintenance policies and inspection systems
We use a system of inspections to find and repair faults on our highways. To find out more, read our highways and infrastructure asset management plan.
Therefore a defect in the highway alone, such as a pothole, does not mean that a claim will succeed.