FOI request detail

Pothole compensation claims

Request ID: FOI-3404-2223
Date published: 31 March 2023

You asked

I'm getting in touch to request the following information under the Freedom of Information Act. Could you please provide a response within 20 working days (by Thursday, April 13). 1. How many pothole-related compensation claims for (a) vehicles (including bikes) and (b) personal injury have been submitted to TFL in the past five financial years. Please provide results broken down by each year and separated as categories (a) and (b). 2. Of these claims, how many have been successful and how many were rejected? Please provide results broken down by each year and separated as categories (a) and (b). 3. Of these claims, how many are yet to be settled? Please provide results broken down by each year and separated as categories (a) and (b). 4. Please provide the total amount of pothole-related compensation paid out by TFL for (a) vehicles damaged by potholes and (b) personal injury in the past five financial years. Please provide results broken down by each year and separated as categories (a) and (b). 5. What is the highest payment paid out for (a) a vehicle damaged by a pothole and (b) a pothole-caused personal injury for each of the past five financial years? 6. What is the average individual payout for (a) a vehicles damaged by a pothole and (b) a pothole-caused personal injury claim.

We answered

Our ref: FOI-3404-2223/GH
 
Thank you for your request received by Transport for London (TfL) on 14 March 2023 asking for information about pothole compensation claims.
 
Your request has been considered under the requirements of the Freedom of Information Act 2000 and our information access policy. I can confirm that we do hold some of the information you require.
 
We regularly inspect our carriageways and footways, and aim to fix all reported potholes that could cause injury within 24 hours, or sooner if they present a greater risk. We encourage everyone to report any defects on our roads to us via https://streetcare.tfl.gov.uk/ so that they can be fixed as soon as possible.

The figures below only relate to roads which are managed by TfL (the red routes) which make up 5 per cent of London’s roads. The majority of the remaining roads in London are managed by the relevant local borough.
1. How many pothole-related compensation claims for (a) vehicles (including bikes) and (b) personal injury have been submitted to TFL in the past five financial years. Please provide results broken down by each year and separated as categories (a) and (b).
(a) - vehicles (including bikes)
2018/19 - 264 
2019/20 – 277
2020/21 – 228
2021/22 – 134
2022/23 – 121
 
(b) - personal injury
2018/19 - 50
2019/20 – 55
2020/21 – 54
2021/22 – 28
2022/23 – 22
 
2. Of these claims, how many have been successful and how many were rejected? Please provide results broken down by each year and separated as categories (a) and (b).
 
We do not record whether claims are successful/denied. The following numbers show claims closed with any paid damages (compensation).
 
For ‘denied’ claims the numbers shown are for claims closed with £0 paid damages. This is based on the above claims that have been reported to us in the timeframe.

- Closed with compensation payments:

(a) - vehicles (including bikes)
2018/19 - 21
2019/20 – 7
2020/21 – 4
2021/22 – 5
2022/23 – 1
 
(b) - personal injury
2018/19 - 6
2019/20 – 2
2020/21 – 6
2021/22 – 0
2022/23 – 0

- Closed with no compensation payments:
(a) - vehicles (including bikes)
2018/19 - 243
2019/20 – 270
2020/21 – 221
2021/22 – 110
2022/23 – 11
 
(b) - personal injury
2018/19 - 43
2019/20 – 50
2020/21 – 43
2021/22 – 25
2022/23 – 3
 
3. Of these claims, how many are yet to be settled? Please provide results broken down by each year and separated as categories (a) and (b).
 
(a) - vehicles (including bikes)
2018/19 - 0
2019/20 – 0
2020/21 – 3
2021/22 – 19
2022/23 – 109
 
(b) - personal injury
2018/19 - 1
2019/20 – 3
2020/21 – 5
2021/22 – 3
2022/23 – 19
 
4. Please provide the total amount of pothole-related compensation paid out by TFL for (a) vehicles damaged by potholes and (b) personal injury in the past five financial years. Please provide results broken down by each year and separated as categories (a) and (b).
We can only report on the amount of compensation paid out in the requested years. This information therefore is not directly related to the date the claim was made - therefore these payments do not necessarily link to the claims in request 1 to 3 above.
The figures shown below are all payments and recoveries on a claim within the financial years requested, including any compensation, either parties legal fees, investigation costs etc.
(a) - vehicles (including bikes)
2018/19 - £20,488.26
2019/20 – -£4,558.28 (a minus figure as a recovery was received in this year against a claim paid in a previous year).
2020/21 – £4,557.51
2021/22 – £7,122.79
2022/23 – £9,841.94
 
(b) - personal injury
2018/19 - £185,482.87
2019/20 – £672,834.52
2020/21 – £344,402.68
2021/22 – £390,522.61
2022/23 – -£2,233.79 (a minus figure due to a recovery having been received linked to a payment made in a prior year).
 
5. What is the highest payment paid out for (a) a vehicle damaged by a pothole and (b) a pothole-caused personal injury for each of the past five financial years?
Please see below. These are highest compensation payments made in that financial year and again may not link specifically to items 1 to 3 above.
FINANCIAL YEARHighest Compensation Payment InjuryHighest Compensation Payment Vehicle Damage
2018£                         9,000.00  £                                8,023.78
2019£                    200,000.00  £                                    668.78
2020£                    250,000.00  £                                1,406.86
2021£                    200,000.00  £                                4,129.46
2022£                    211,693.11  £                                2,002.64
 
6. What is the average individual payout for (a) a vehicles damaged by a pothole and (b) a pothole-caused personal injury claim.
These are average compensation payments made in that financial year and again may not link specifically to items 1 to 3 above.
FINANCIAL YEARAverage Compensation InjuryAverage Compensation Vehicle Damage
2018£    5,821.75  £                754.53
2019£  29,431.54  £                280.21
2020£  64,875.00  £                568.87
2021£  37,449.20  £            1,139.56
2022£  66,138.62  £                725.32
 
If this is not the information you are looking for, please do not hesitate to contact me.
 
If you are not satisfied with this response please see the attached information sheet for details of your right to appeal.
 
Yours sincerely
 
Graham Hurt
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

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