ANYONE injured by a pothole or whose car is damaged by a pothole is entitled to claim for compensation, according to Oxfordshire County Council.

However, local authorities have a defence against compensation claims if they were unaware of the defect in the road prior to the incident, under Section 58 of the Highways Act 1980.

Paul Trincas, a litigation specialist with law firm Charles Lucas and Marshall, in Wantage, has warned drivers that claims for compensation stand less chance of success because of the sudden surge in the number of potholes.

Mr Trincas said: “The authority can escape liability provided they can show they took all reasonable care in the particular circumstances, and whether it is reasonable to expect the local authority to have repaired the highway.

“Due to the unprecedented nature of the number of potholes local authorities will now have to deal with, they probably have fairly solid ground on which to defend any legal actions.”

The county council is responsible for the vast bulk of the county’s roads, although in Oxford the city council maintains the minor roads on its behalf.

The Highways Agency looks after the county’s motorways and trunk roads, including the A34 and M40.