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Pothole compensation claims on the increase

Last year's harsh winter saw Oxfordshire County Council pay out double the usual amount in compensation claims.

Between January and October this year the council has spent £86,805 settling 318 of the 964 compensation claims put forward by motorists whose cars have been damaged by potholes.

According to figures obtained under the Freedom of Information Act by the Oxford Mail the highest single pay-out made was £2,179.

Last year the council proposed cutting 'non-essential' highway repairs and maintenance to save cash.

However, after the coldest winter in three decades the council is on course to spend £250,000 more on maintenance in 2010/11 taking the budget from £15.55m to £15.8m.

Council spokesman Owen Morton said the authority's budget for future road maintenance has not yet been finalised.

He said: "The whole country experienced a rise in road defects following the harshest winter for 30 years and, as such, it is reasonable to expect a rise in the number of claims.

"The county council has continued with its policy to compensate only those claims for which it was found to be negligent based on highway law."

Sam Mitchell, who owns SJM Motor Repairs in Headington, said his firm saw three times the usual number of broken coil springs in the first two months of the year after the bad weather.

Oxfordshire County Council is the Highway Authority for the majority of roads in the county and has a duty of care to maintain the highway.

Motorists can attempt to claim compensation if they believe the council has failed in that duty and they have suffered personal injury or damage to their property as a result.

However, highway law means the council is not negligent and does not have to pay out if the authority was not aware of the defect or could not reasonably have been expected to carry out a repair in the time frame before an incident occurred.

The Government has recently announced a 25 per cent cut in funding for council highways maintenance, so, drivers look set to continue suffering the effects of roads in poor condition.