Cash-strapped Cheshire East Council spent almost £20,000 on lawyers in just two years fighting pothole compensation claims, new figures show today.
Freedom of Information data shows the council received 1,471 compensation claims for pothole damage to vehicles in 2021, 2022 and the first two months of 2023.
Of those, the authority has rejected 1,004 claims and only admitted liability for 37 (18 in 2021 and 19 in 2022).
This means on average a motorist claiming compensation for pothole damage has less than a 3% chance of success.
The FOI statistics show the council spent a total of £19,750 in that time on solicitors’ fees fighting claims.
Cheshire East paid out a total of £12,928 in compensation in 2021 and 2022. The highest single payout was £1,518, down to the lowest payout of just £70.
More than 400 cases remain “pending” and are still being investigated, 345 of those from the first two months of 2023.
Only 13 of the 1,471 cases progressed all the way to the small claims court, the figures show.
The council says it cannot currently provide the figures for 2023 beyond January and February due to a “systems change”.
But the data comes amid a clamour for action over the borough’s crumbling road network.
Some have criticised the highways department for celebrating on Twitter its “RoSPA Gold Medal for our Health & Safety performance for the seventh consecutive year!”
“We’re committed to health and safety and always work hard to ensure the safety of our staff and the public! #ROSPAWinner2024 #Workingforyou,” said the highways team on social media.
We're delighted to announce that we have won a RoSPA Gold Medal for our Health & Safety performance for the seventh consecutive year!👷
We're committed to health and safety and always work hard to ensure the safety of our staff and the public! #ROSPAWinner2024 #Workingforyou pic.twitter.com/WBu1hGpP4b
— CEC Highways (@CECHighways) April 4, 2024
One resident replied on X: “How?! Or is this solely the health and safety of your staff because it certainly is not the customers you serve.”
Another added: “God knows how? The roads are appalling.”
Cllr Mark Goldsmith, chair of Cheshire East Council’s highways and transport committee, said: “We’re committed to keeping Cheshire East’s roads safe and we’re using our limited budgets in the best possible way.
“We continue to inspect roads and repair defects that meet our inspection policy requirements, and we’ve increased the number of teams working to carry out these repairs.
“These are completed on a priority basis focused on key routes and according to the level of risk to road safety.
“The Highways Act recognises that it is not possible to prevent or repair all defects.
“The appearance of a defect doesn’t necessarily mean we have been negligent or in breach of our legal duty under the Act to maintain the highway.
“The council does not pay for the overwhelming majority of claims because our policy meets statutory requirements and we work to our policy.
“Members of the public may choose to seek compensation for damage as a result of a pothole or other defect on a road or footpath.
“However, we defend ourselves against claims where we have met our statutory duty and are not at fault, to rightly protect public funds.”
The full breakdown of our FOI stats are below:
The number of compensation claims received from motorists for pothole damage to their
vehicle on a CEC maintained road (2021, 2022, 2023)
2021 = 616
2022 = 538
2023 = 317 (January and February only)
The number which CEC accepted and paid out on:
2021 = 18 claims paid £6,134
2022 = 19 claims paid £6,794
2023 (Jan and Feb only) = Nil claims paid
The number which CEC rejected and have not paid out on:
2021 = 533
2022 = 412
2023 (Jan and Feb only) = 59
The number which are “pending” – cases still active:
2022 = 110
2023 (Jan and Feb only) = 345
The full amount spent by CEC on solicitors in pothole claim cases in 2021, 2022 and 2023 (Jan and Feb only):
£19,750
Even when a valid claim is made with evidential photographs of damage to vehicle and size of potholes, Cheshire East legal representatives dismiss the claim outright.
The only way you can go after this is to instigate court proceedings and take your chance !!
As everyone knows, the roads in Cheshire East are in an abysmal condition. It wasn’t always the case. Back in the 70’s you knew when you were leaving Cheshire purely by the state of the roads. The roads in Cheshire were amazing. What went wrong? Priorities must have changed somewhat 🤷🏼♂️😢
Historically for 20 years I coached and mentored individuals as a qualified volunteer to pass a recognised advanced driving exam. I received no form of income, it was charitable work.
One January afternoon a hit a pothole, filled with water, it looked like tarmac. It resulted in the replacement of a tyre, new alloy wheel, and having the vehicle re-tracked. I was completing a demonstration drive for a trainee.
Cheshire East declined my claim and basically said through their insurers to see me in court.
I have never come across a perfect driver, I coached many individuals to pass the extensive exam at the end of the course.
I was not at fault, I produced photographs, a detailed report and a independent witness statement. In the end I covered all the costs my self.
Today I have friend who in the last 12 months had to replace 4 tyres in 4 separate instances of damage to his car due to potholes.
Sadly at some point some one will be killed or seriously injured as a result of the Council negating their responsibilities.
Damage to vehicles due to poor road maintenance, potholes I believe runs into millions of pounds in the country.
Perhaps Cheshire East Council could direct operating profit from car parking charges and fines into road repairs. Including renewing road markings, white lines which are warn badly in may instances.
It is time the Chief Executive, his executive team, officers and counsellors started to deliver to the Council Tax Payers of Cheshire East.
When the next election comes around I ask all voters to look carefully who they vote for. Analyse how are taxes are spent and whether they perceive they getting value for money from the council tax they are obliged to pay.
The state of our roads are a danger to all road users. Cheshire East have a responsibility to make the roads safer.
A motorist claiming compensation for pothole damage in #CheshireEast has less than a 3% chance of success.
#CheshireEast received 1,471 compensation claims for pothole damage to vehicles in 2021, 2022 & first two months of 2023.
Of those, @CheshireEast has rejected 1,004 claims and only admitted liability for 37 (18 in 2021 and 19 in 2022).
CEC highways spent £20,000 on solicitors fighting pothole claims.
https://thenantwichnews.co.uk/2024/04/05/cec-highways-spent-20000-in-two-years-on-lawyers-fighting-pothole-claims/
Appalling state of affairs.
Totally disgusting,the roads are not fit for purpose, and our elected council see fit to do everything possible to prevent law abiding motorists rightful claims for compensation for damage caused by said roads.
Please be careful of who you vote for in the future, this lot are a waste of tax payers money and should be held accountable for their terrible record on just about any issue you care to mention.
I did benefit from the recent cycle race. The whole road was improved, can you imagine a cyclist on national tv coming off after hitting a pot hole and there were some serious ones? No? Exactly.
Great to see Cheshire East paying out only a minimum amount which is protecting other services such as child services and social care.
So do people expect CE to pay every claim or under take due diligence to ensure that claims are valid . Seems CE are in a no win. To be clear I be let CE are incompetent and the roads are a disgrace but I suspect all claims are not valid and some would be opportunistic in their request for compensation.
This article comes as no surprise to many or those who have made a claim and lost on questionable policies. However, it does raise a question about poor management when it says that due to a system change in Jan/Feb 2023 no further figures are available. Come on, what has been happening in the last 14 months!!!
It is clearly evident, senior management is underperforming and I link into this comment, so are our elected representatives.
Absolutely disgusting to hide behind the powers of expensive lawyers.
Cheshire east have an awful reputation for pot hole repair and should pay up for any damage caused by their terrible roads.
Admit liability for once and do the right thing !!
Today the roads in Cheshire are a disgrace. The cost of car repairs to the motorists is huge. This article highlights another example of Cheshire East Council avoiding their responsibilities, this time to maintain the roads. Potholes create a danger to all road users.
Cheshire East can spend £20,000 on lawyers. It is a pity they cannot focus on some of their key responsibilities.
When potholes are fixed they are not fixed to last, a few months later the repaired pothole are invariably in the same poor state of repair. Just imagine the cyclist who gets thrown from his or her bike when she hits a pothole
The thoughts are frightening.
Sadly individuals at Cheshire East Council will avoid legal responsibility or accountability. They will have their lawyers to protect themselves.