Can I claim against the local council or road authority after an accident caused by a pothole?

Hitting a deep pothole at night can throw a motorcyclist off or wreck a car's tyre and rim. Many people wonder whether anyone is responsible. The answer depends on who manages the road, what they knew, and the evidence you can gather.

Who is responsible for the road?

Malaysian roads are managed by different bodies:

• Local councils (city, municipal and district councils) for many roads within their areas;
• state authorities, often through the state Public Works Department, for state roads;
• the Federal Government, through the Public Works Department, for federal roads;
• highway concessionaires for tolled highways under their concession.

Local councils are corporate bodies that can sue and be sued under the Local Government Act 1976. Claims against the Government are brought under the Government Proceedings Act 1956. Identifying the right defendant is often the first hurdle; the road name, signboards and the authority's own records help.

When might the authority be liable?

A claim is usually framed in negligence or nuisance: that the authority owed road users a duty, failed to take reasonable care to repair or warn of a dangerous defect, and caused your injury or loss. Relevant questions include:

• how deep and large the pothole was, and how long it had been there;
• whether it had been reported before, or was obvious on inspection;
• whether there were warning signs, cones or lighting;
• how you were riding or driving (speed, lighting, weather).

Whether an authority is liable for failing to repair, as opposed to doing repairs badly, can raise difficult legal questions. Compensation may also be reduced if the court finds you partly to blame.

Are there special rules for public authorities?

Yes. Claims against public authorities and the Government are subject to special laws, including the Public Authorities Protection Act 1948 and the Government Proceedings Act 1956, which can affect time limits, notices and procedure. Do not wait; get advice early so these rules do not defeat a good claim.

What are the steps?

1. Get medical treatment first.
2. Lodge a police report about the accident. See road accident claims on the report requirement.
3. Photograph and video the pothole from several angles, with an object for scale (a shoe or ruler), the surrounding road, lighting, any missing warning signs, and the exact location (GPS or nearby landmarks).
4. Get witness details, and ask nearby shops whether they have CCTV.
5. Keep records: medical reports and bills, repair quotes and invoices, and proof of lost income.
6. Find out who manages the road and whether the pothole had been reported before (social media posts, complaint records, news reports).
7. Write to the authority with your evidence and claim, and get advice on the correct procedure.

Have a question about your own situation? Ask on WhatsApp

Example

Farid is riding home after dark when his front wheel drops into a large pothole on a council road. He falls and fractures his wrist. A friend returns the next morning to photograph the pothole with a measuring tape, and finds residents' complaints about it posted weeks earlier. Farid lodges a police report, keeps his hospital bills and motorcycle repair invoice, and seeks advice on claiming against the council.

Common mistakes

• Not photographing the pothole before it is repaired.
• Naming the wrong authority.
• Waiting too long, given the special rules for public authorities.
• Throwing away the damaged tyre or rim, which can be evidence.
• Overstating your injuries or speed; describe events truthfully.

When to speak to a lawyer

Speak to a lawyer early if you were injured, if the road belongs to a government body, or if you are unsure who manages the road. You can contact us; every case depends on its facts.

Frequently asked questions

How do I find out who manages a road?

Check road signs and route numbers, and ask the local council or Public Works Department. Highways usually show the concessionaire's name.

Can I claim only for vehicle damage?

Yes, a claim can be for property damage alone, though small claims may not be worth a court action. Get advice on the costs and options.

Does my own insurance cover pothole damage?

It depends on your motor policy. Your insurer may pay and then pursue the responsible party.

What if the pothole was repaired the day after?

That is why early photos and witness evidence matter. Complaint records may still show it existed.

Can I complain without making a claim?

Yes. Reporting road defects to the responsible authority helps protect other road users.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Road Transport Act 1987 (Act 333), as amended by Act A1618 (2020), AGC Laws of Malaysia
2. Local Government Act 1976 (Act 171), AGC Laws of Malaysia
3. Government Proceedings Act 1956 (Act 359), AGC Laws of Malaysia
4. Public Authorities Protection Act 1948 (Act 198), AGC Laws of Malaysia

Fact-checked on 17 Oct 2026