Just 5% of pothole damage compensation claims have been paid out by Medway Council over the past three years, a Freedom of Information request has revealed.

Data obtained by the Local Democracy Reporter Service shows only 18 out of 326 requests for reparation were successful between 2015 and 2017.

The total amount of money paid out over the three years was £21,479.39 – with the highest individual claim costing £3,983.35, and the lowest standing at £90.

All local authorities have a statutory defence in that they cannot be held liable for a defect they are not aware of.

Phil Watts, Medway Council’s chief finance officer, said: “We regularly inspect all roads across Medway, as well as respond to reports of highway damage to assess and carry out emergency repairs to potholes which are considered a health and safety risk.

“We investigate all compensation claims, and when reporting an incident the claimant needs to provide a range of information – such as the date the incident occurred, the exact location and their original repair documents and receipts.

“Ultimately, only a court can decide if we are liable to pay compensation so when we make a decision on liability, we are mindful of a court’s likely interpretation of each claim.

“If it is considered that a court would not award compensation, then a claim will be rejected.”

Pothole claims are met by the council’s insurance policies, meaning there is no specific budget set out for compensation.

According to cabinet member Cllr Phil Filmer (Con), £424,489 was spent on roads in the 2017/18 council year, while a further sum of around £260,000 was provided by central government following the so-called ‘Beast from the East’.

The portfolio holder for frontline services admitted in April that potholes were a “problem” in the Towns but reassured councillors the authority was “working on it”.

Meanwhile, Kent County Council’s total compensation bill for the same period was £66,748 – with just over 10% of claims being successful (315 out of 2,866).

A spokesman for the authority said: “Because of the legal defence available, the majority of compensation claims are unsuccessful.

“In simple terms, KCC is not liable to pay compensation if it is not aware of the problem, nor (is it) liable if the problem is programmed to be fixed.”