A pothole rarely comes alone - and usually when you least expect it. A sudden bump on the road can cause serious damage to the vehicle: bent rims, cracked tyres, damaged suspension or even subsequent accidents. But who is liable? In principle, the local authority or the state can be held liable - but only under certain conditions. To avoid being stuck with the costs in the event of damage, you should be well informed and prepared.
- In the event of a pothole accident, the burden of proof lies with you.
- Therefore, take photos of the scene of the accident, your vehicle, the pothole and make a note of the speed limit and any witnesses.
- The party responsible for road safety (yes, it really is called that!) is responsible for ensuring that the road is intact. This can be private individuals, municipalities, districts, federal states or even the federal government.
- In principle, this obligated party is also liable, but there are important exceptions - such as in the case of warning signs.
- The liable party rarely pays for the damage. If you have fully comprehensive insurance, there is a chance that it will cover the damage.
Pothole: What can happen?
Driving over a hole in the tarmac can cause serious damage to your vehicle. We have listed possible damage caused by a pothole here:
- slashed tyres
- Damaged paint
- Bent rim edge
- Damage to the oil pan
- Damage to the wheel suspension
- Damage to the underside of the vehicle
- Subsequent accident due to sudden braking
Important: If you notice a pothole, you should report it as soon as possible to the responsible road construction department of the relevant municipality or city. The best way to do this is by telephone; some municipalities also have an online tool for this purpose.
Who is responsible for repairing the roads?
The party responsible for road safety is responsible for maintaining the condition of the road so that it can be used for its intended purpose. Who is responsible for road safety depends on who is responsible for the road in question. This can be private individuals, municipalities, districts, federal states or even the federal government.
The person responsible must repair damage or warn drivers first if a hazard is not to be expected. The roads in their area of responsibility must also be regularly inspected.
Are public municipalities liable for pothole damage?
Especially if you have driven into a deep pothole, the question arises as to who is liable for the pothole damage. In principle, those responsible for road safety are liable for damage caused by a poor carriageway. However, this is only the case if the damage has not yet been repaired or there is no corresponding warning in the form of signage. Unfortunately, this is not so easy to enforce in practice:
According to Section 3 (1) of the German Road Traffic Regulations (StVO), the so-called visual driving requirement applies. This means that you may only drive so fast that you can stop within the visible area - i.e. even if there is a pothole. Even if you drive over a pothole immediately after it has appeared, the liable party cannot be held liable because they have not yet had a chance to repair it. Especially on roads with little traffic, you cannot generally assume that the road surface is in perfect condition and shows no signs of damage. On motorways, on the other hand, you can assume that there are no significant depressions.
Damage caused by a pothole - who pays?
If local authorities fail to point out a pothole, they can be held liable for any damage caused. In such cases, a lawsuit against the responsible authority can be considered. However, a claim for damages may be cancelled or reduced if the potholes were easily recognisable. The same applies if there was a warning sign or if you were travelling too fast.
6 important tips for compensation after pothole damage
- Your own insurance sometimes covers the damage
If no one else can be held liable, the only option is your own insurance. If damage to your vehicle is caused by a pothole, fully comprehensive insurance usually pays out. However, partially comprehensive insurance will not pay. In this case, you will have to pay for the repair yourself.
If the pothole only causes tyre damage, comprehensive insurance usually does not pay out. This is because tyres are wearing parts and are often not covered by the insurance. - Photographing potholes and missing warning signs
In the event of a pothole accident, the burden of proof lies with you. If you want to make a claim, you must document the pothole damage in full. It is therefore very important that you photograph the following things if you suspect damage:
- Damage to your car
- Lack of signage/warning notices
- The scene of the accident
- The road damage
- The depth of the pothole (preferably with a reference object or folding rule) - Record the names and addresses of possible witnesses or call the police
Address of possible witnesses. It is even safer to have the damage recorded directly by the police.
- Note the maximum speed
You can quickly be accused of driving too fast and therefore overlooking the pothole. It is therefore essential that you make a note of the speed limit.
- Caution when travelling on
In the event that your vehicle is still roadworthy after the pothole accident, you should be particularly attentive and careful when continuing your journey. Be sure to visit a garage and have your vehicle checked. In addition to the classic dents in the wheel rims, it is not uncommon for the track to be misaligned as a result of the impact. If your vehicle no longer runs in a straight line with the steering wheel free or you can feel vibrations in the steering wheel, your next stop should be a qualified workshop.
- Play it safe and get in touch with us directly
Our competent team of experts will discuss with you the best way to proceed.
If required, we can organise an expert to come to your home. He will determine the extent of the pothole damage and prepare the important independent expert report.
Frequently asked questions about pothole damage
Who is responsible for the condition of the road and the repair of potholes?
That depends on the road: Depending on the jurisdiction, the federal government, federal states, local authorities or even private individuals are responsible. They must repair or warn of dangerous potholes in good time - e.g. with road signs.
When is the local authority liable for damage caused by a pothole?
Only if it has breached its duty to maintain road safety. This is the case if a known pothole has not been repaired in good time or has not been adequately marked. They are usually not immediately liable for new damage.
What damage can be caused by potholes?
Tyre damage, bent rims, defective shock absorbers or damaged oil pans are typical. Secondary accidents caused by abrupt swerving or braking manoeuvres are also possible - with potential personal injury and damage to bodywork.
Will my insurance pay in the event of a pothole accident?
Only fully comprehensive insurance covers pothole damage. Partially comprehensive insurance does not cover such damage. Tyre damage is often considered wear and tear and is excluded in many policies - it is worth taking a look at the contract here.
What do I have to do in the event of a claim?
Document the damage and the road comprehensively (photos of the pothole, depth, missing warning signs, etc.), make a note of witnesses and, if necessary, the speed limit. Have the damage recorded by the police and report it to the relevant authorities - ideally with the support of experts such as fairforce.one.
