Guides and tips
After winter, many potholes appear and can cause costly damage to tyres, wheel rims or the chassis. Find out how to document damage properly, when you are entitled to compensation, and what specific aspects of liability you need to be aware of.
Check pothole adhesion
Cracks in the tarmac, broken road surfaces and deep potholes are typical consequences of periods of frost. Anyone who drives into a pothole often only realises the damage later. This makes it all the more important to act quickly and systematically.
Potholes are a typical form of frost damage:
This damage occurs particularly frequently after winter.
Note: Not every pothole is equally dangerous. Road users generally have to put up with smaller potholes – particularly on minor roads.
Local and regional authorities are obliged to maintain roads in a condition that ensures road safety. However, drivers must adjust their speed to the road conditions.
Practical note: It is often not possible to repair potholes quickly in winter, as the filling material does not set in frosty conditions. This can make it difficult to claim compensation.
Consequently, contributory negligence is often examined. Courts rule differently depending on the individual case.
On motorways, road users should not generally expect to encounter potholes. If there is no warning of significant road damage, there is a significantly better chance of claiming compensation from the relevant federal state.
Legal classification: the duty of local authorities/states to ensure road safety versus the driver’s duty to drive at an appropriate speed – both factors are weighed up in each individual case.
Yes, for minor bumps, particularly on minor roads. More serious, hazardous damage must be cordoned off or repaired quickly.
Depending on the terms of your policy, either comprehensive or third-party, fire and theft cover may apply. It’s worth checking.
Whether compensation is awarded always depends on the individual case. The courts examine, in particular:
The local authority’s duty to provide
warnings: If there are obvious hazards and no clear warning signs, there may be a good chance of success.
(Higher Regional Court of Celle, Case No. 8 U 199/06)
Contributory negligence due to inappropriate speed
Drivers must adjust their speed to road conditions. Minor potholes – particularly on minor roads – are to be expected.
(Braunschweig Higher Regional Court, Ref.: 3 U 47/02)
Special circumstances on motorways Road users are generally not expected
to anticipate potholes on motorways. If no warning is provided, the relevant federal state may be liable.
(Higher Regional Court of Koblenz, Ref.: 12 U 1255/07)
Conclusion: Whether a claim is worthwhile depends heavily on the circumstances of the individual case. Careful documentation significantly increases the chances of success.
Bear in mind that small potholes on minor roads are considered reasonable, that claiming compensation in winter can be more difficult due to practical constraints, and that every liability decision involves a balancing act between the duty to maintain safe roads and the driver’s duty of care.
Without photos, witnesses or a police report, your chances of success are significantly reduced. Document the damage immediately.
Not every pothole results in liability. Familiarise yourself with the key details of the duty to maintain roads to protect your interests.
