Pothole Claim Rejected? Next Steps
How to read a rejection, assess a Section 58 response, request the underlying records and decide when legal advice may help.
At a glance
- Answer first
- A rejection is a decision to assess, not proof that either side is right. Identify the stated reason and test it against the location-specific records.
- Section 58
- A policy alone is not the same as completed evidence that the system operated at the location.
- Legal advice
- Consider a regulated solicitor where injury, substantial loss, limitation or court action makes the risk material.
Step-by-Step Guide
Separate the reasons
Ask for the records behind factual assertions
Reply with a short evidence table
How to read a Section 58 response
Section 58 asks whether the authority took the care reasonably required in all the circumstances. Compare the road classification and inspection frequency in the policy with completed inspections, recorded defects, response priorities and repairs for the relevant place and time.
Also check whether the response addresses the statutory factors rather than merely attaching a generic policy. A discrepancy may need explanation, but it is not a promise of a different outcome. The deeper Section 58 guide explains the factors and evidential limits.
When to speak to a solicitor
- the incident caused personal injury or a substantial or complex loss;
- a limitation deadline may be approaching;
- the identity of the defendant or legal basis is disputed;
- you are considering issuing proceedings or have received formal court documents;
- costs, expert evidence or settlement terms are difficult to assess.
Find regulated help
Scope and legal boundary
This guidance covers England and Wales. Welsh Government manages motorways and trunk roads in Wales; local authorities manage other Welsh local roads. DfT council ratings cover England only and must not be applied to Wales.
Do not stop on a motorway or live carriageway to take photographs. Protect people before collecting evidence and use an existing safe place away from moving traffic.
Related resources: council reports, the England-only ratings dataset, and the free eligibility journey.
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