It is officially National Pothole Day on Friday.

Who knew?

The day really does exist so I thought it would be a good time to remind you of your rights if a pothole ends up damaging your car.

For any claim to be successful, it is important to understand the law in this area – including the legal ­defence local authorities can use to refuse claims.

Consumer champion Scott Dixon, of thegrumpygit.com, has helped numerous consumers in Scotland fight pothole claims – but warns that many have just a three per cent chance of success. Here is what you need to know…

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What the law says

The law relating to potholes and liability for road maintenance is predominantly set out in Section 58 of the Highways Act 1980.

It outlines the legal responsibilities and duty of care of road owners – normally highway agencies and local councils – for ensuring that roads are safe and do not cause any injury or damage to property.

However, Section 58 also gives the authorities a statutory defence, which allows them to defend claims on the basis they had taken reasonable measures to ensure problems such as potholes are found and dealt with swiftly.

Making a claim

First, look online to find where responsibility for the road lies and then send them the following: