Liability is rarely resolved cleanly
The insurance dimension extends beyond the motor book. Emma Fuller, partner at DAC Beachcroft and member of the Forum of Insurance Lawyers (FOIL) motor sector focus team, said the liability chain on pothole-related damage is rarely straightforward. “Drivers are expected to take reasonable care and adapt their driving to road conditions, while local authorities have a duty to maintain the public highway,” she said. “Whether a local authority is liable will often depend on what it knew, or ought reasonably to have known, about a defect and the adequacy of its inspection and maintenance regime.”
