Did an Ealing pothole damage your tyre or wheel? You can make a claim – but compensation is not automatic

The bang is unmistakable.

A wheel drops into a pothole, the steering suddenly feels wrong and a few minutes later the driver discovers a damaged tyre, bent alloy or suspension problem.

The first reaction is often: “The Council should pay for this.”

Sometimes it may. But the rules are not as simple as many motorists assume.

Ealing Council has a specific claims process for damage to property caused by problems on the public highway, including potholes, pavement defects and street furniture.

However, the existence of a pothole does not automatically make the Council financially responsible for every vehicle damaged by it.

Under section 41 of the Highways Act 1980, highway authorities have a statutory duty to maintain public highways. When compensation is disputed, one of the central questions is whether the authority took reasonable care in inspecting and maintaining the road. The government confirmed this position again in March 2026.

In practical terms, this means a claim may depend on questions such as: Was the defect already known? When was that part of the road last inspected? Had the pothole previously been reported? Was a repair ordered, and if so, how quickly was it carried out?

A council may defend a claim if it can demonstrate that it operated a reasonable inspection and maintenance system.

That is why evidence matters.

If it is safe to do so, photograph the pothole and its location. Record the road name, direction of travel, approximate time and date. Keep photographs of the damaged wheel or tyre and retain recovery or repair invoices.

The road defect itself should also be reported.

Ealing’s online road-reporting system accepts reports about potholes and road damage and allows photographs to be uploaded.

There is another important detail: make sure you are claiming from the right authority.

Most ordinary borough roads are Ealing Council’s responsibility, but major red routes such as the A40 and A406 are maintained by Transport for London rather than Ealing Council. The Council specifically tells residents not to use its normal road-reporting form for those TfL-controlled routes.

A utility company or contractor may also be responsible if the damage arose directly from its works.

What happens if a claim is rejected?

A rejection does not necessarily mean that the damage did not occur. It may simply mean that the authority believes it has met its legal maintenance obligations and therefore denies liability.

A resident can ask for the reasons for the decision and consider what inspection or maintenance evidence exists for the location. More complicated disputes may require independent legal advice.

The most important point is to act quickly and document what happened.

A photograph taken weeks later, after a pothole has changed size or been repaired, is far less useful than evidence recorded at the scene.

Ealing residents already report potholes because they want roads repaired.

But many drivers do not realise that when a road defect causes actual financial damage, there is also a formal route for making a claim.

It is not a guarantee of payment.

But it is a process worth knowing about.