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8th August 2023

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Pothole percentages - claims and repairs

Request ID
18167
Date Received
Date Resolved
Details

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Resolution
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Notes
Date

The National Highways definition of the Local Road Network is that portion of the Road Network for which a Local Government is responsible, and is eligible for funding from the State Government to operate and maintain.
With this in mind, for the last calendar year (January 2023 - Dec 2023) or last full year for which you have recorded figures, please would you disclose:

1.
a) The percentage of compensation claims, brought by drivers for vehicle damage from potholes in your Local Road Network, which were not paid out by your council. i.e. the total number of claims submitted to your council for pothole-related vehicle damage, versus the total number of claims paid out by your council.
65.50% of those claims for compensation referred to the council’s Insurance Team/Public Liability insurers from January 2023 to December 2023, where it was alleged that damage to vehicles was caused by ‘potholes’, have not been paid.
b) your council's criteria for compensating, or not compensating, a driver who brings such a claim.
All claims are considered only on the basis of legal liability. Only if it is demonstrated on the balance of probabilities that the council has been negligent or breached its statutory duties will a claim then be paid. Sections 41 and 58 of the Highways Act 1980 are key.

2. The percentage of potholes - identified by or reported to your council by any individual, public or council member - which were subsequently fixed, across your local road network.
For the last calendar year (January 2023 - Dec 2023), 2509 pothole reports were submitted to Wokingham Borough Highways. In the same period, 2581 minor works orders were completed to repair potholes.

Please note that as described in the Wokingham Highways Inspection Policy (WHIP), the council operates a risk-based approach to highway defects. Pothole repairs are classified according to risk into 2 Hour (Emergency), 24 Hours (Urgent) and 28 Days (Standard Response) categories. In addition, some pothole repairs may require a road closure, in which case a repair may take up to 3 months. However, areas will be made safe and kept safe until permanent repair is carried out. Some defects may not be fixed if they do not meet the risk criteria. The WHIP is available in PDF format as Volume 02 - Highway Network Maintenance of the Wokingham Borough Highway Maintenance Management Plan (HMMP) at the following link:
https://www.wokingham.gov.uk/roads/road-maintenance/highways-maintenance-management-plan

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