Pothole crash: who is at fault
You crashed after hitting a pothole and are not sure who is actually responsible.
A crash caused by a pothole or a badly maintained road can lead to a claim against whoever was responsible for maintaining that road, rather than against another driver. This might be a local council, the Public Works Department (Jabatan Kerja Raya, JKR) for a federal or state road, or the concessionaire for a tolled expressway, depending on where it happened. This sits alongside the general rules for who is at fault in a crash, applied to a road defect rather than another driver.
The typical facts in this crash
A vehicle, often a motorcycle, hits an unmarked pothole, a collapsed edge, or a sudden surface defect and loses control, sometimes without any other vehicle involved at all. The defect is frequently one that had existed for some time before the crash.
How fault is usually assessed
The road authority or concessionaire is expected to maintain the road to a reasonable standard and to fix or warn of a known hazard within a reasonable time. A claim generally needs to show the defect existed for long enough that it should have been found and dealt with, not that it appeared moments before your crash.
The evidence that decides this dispute
- Photographs of the pothole itself, including its size and depth, taken as soon as possible.
- Any prior complaints made to the authority about that stretch of road.
- The police report’s description of the road condition at the scene.
- Witnesses or other road users who had trouble at the same spot.
- Dashcam footage showing the surface just before impact.
Report the accident and the road defect within 24 hours, and keep a copy of the report for your records.[2] The police report after an accident explains what else to include.
Why the deadline matters more here
If your claim is against a local council or another public authority, a much shorter 36-month deadline applies, rather than the usual six years for an ordinary injury claim.[1] Claim deadlines you need to know sets out how this compares with other situations.
What to do at the scene and after
Find out early who actually maintains that stretch of road, since this decides who the claim is against and which deadline applies. Motorcyclist support after a crash and do you need a lawyer are worth reading once you have that answer.
Common questions
Can I really claim against the government for a pothole?
Yes, in principle, against whichever body is responsible for maintaining that road, such as a local council, the Public Works Department, or a highway concessionaire. You generally need to show the defect existed long enough that it should have been fixed.
Why is the deadline different for this kind of claim?
Where the defendant is a public authority, a much shorter 36-month deadline applies instead of the usual six years for an ordinary injury claim.[1] Missing it generally bars the claim entirely.
What if I do not know who maintains that road?
This is worth checking early, since a federal or state road, a local road, and a tolled expressway can each fall under a different body. [Do you need a lawyer](/do-i-need-a-lawyer/) can help you work this out.
Does it help if other people had crashed at the same spot?
Yes, significantly. Evidence of prior complaints or other incidents at the same defect can support the argument that the authority knew, or should have known, about the hazard.
Sources
- Public Authorities Protection Act 1948, s.2(a) (accessed 2026-09-22)
- Road Transport Act 1987, s.52 (Ministry of Transport) (accessed 2026-09-22)