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Bettesworth Construction
car insurance

What to Do if Road Construction Damages Your Car

If road construction damages your car, prioritize safety, document the incident, preserve repair records, and confirm the correct claims contact and deadline for your location.

By Bettesworth Construction Team 5 min read
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If road construction damages your car, get yourself and the vehicle to safety first, document what happened without entering traffic or a work zone, and promptly contact your insurer and the organization responsible for the road. A construction zone does not automatically make a road authority or contractor liable; the right claims contact, evidence standard, and deadline depend on where the incident happened.

1. Get to a safe place

If you can move the car without creating more danger, get it out of traffic and follow local emergency guidance. Call emergency services or roadside assistance if someone is injured, the vehicle is unsafe, the route is blocked, or there is another immediate hazard. Do not stop somewhere dangerous to take pictures, enter an active work area, or walk into traffic to retrieve evidence.

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For motorway damage in the UK, GOV.UK specifically warns drivers not to visit or try to photograph the location. Photograph the scene only from a safe, lawful place; a photo of the damaged vehicle may be safer and more useful than returning to the hazard. GOV.UK: claim for damage to your vehicle.

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2. Record the incident while details are fresh

As soon as practical, write down what happened and where. Include details that let the road manager identify the exact site, not just the general area.

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  • Date and approximate time.
  • Road name, direction of travel, and nearest exit, intersection, marker post, or other identifiable feature.
  • Whether construction or maintenance work was underway, and any visible signs, barriers, or contractor identification you could observe safely.
  • What the car struck or how it was damaged, the part of the vehicle affected, and any immediate effects on driving.
  • Vehicle make, model, and registration, plus names and contact details for any witnesses if available.

If it is safe, photograph the damage and relevant scene details. Do not trespass or return to a motorway or hazardous location for pictures. GOV.UK asks claimants to explain the damage, why they believe the organization is responsible, the precise location, and the date and time. Tasmania’s claims guidance also requests vehicle details, the alleged cause, reasons for liability, the amount claimed, and supporting photographs and repair evidence. Tasmania: claims.

3. Preserve repair and claim evidence

Before repairs, ask your insurer and the relevant authority or contractor whether they need to inspect the vehicle or retain damaged parts. An inspection request is not an admission of liability. Keep copies of estimates, invoices, towing and inspection records, insurer correspondence, claim numbers, and any police report.

Northern Ireland’s public-service guidance warns that failing to retain items that may need inspection can prejudice a claim. If repairs cannot safely or reasonably wait, photograph the damage clearly first and keep the parts and receipts where practical. nidirect: claim compensation for vehicle damage due to a road/street problem.

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4. Find the right road and work contact

Identify both who manages the road and who was responsible for the construction or maintenance work at the exact location. The road authority may be a national, state, provincial, or local body; the work may be carried out by its own staff or by a contractor. Do not assume that the contractor is liable, or that the road authority will handle a claim about a contractor’s work zone.

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Start with the local road authority’s official website or claims office. The examples below show why jurisdiction matters; they are not interchangeable rules.

  • England, Scotland, Wales, and Northern Ireland: GOV.UK lists different contacts depending on the road and location, including National Highways, Transport for London, local councils, and other route-specific bodies. Find the relevant contact through GOV.UK.
  • Ontario: the Ministry of Transportation’s process applies only under stated conditions, including that the road is maintained by the province. Its guidance says to establish the correct road authority first. Ontario: file a claim for vehicle damage.
  • Tasmania: where a roadworks or maintenance contract exists, the claim may be referred to the relevant contractor. Tasmania: claims.
  • Saskatchewan: the province says it is not liable for damage in a work zone where a third-party contractor is working; insured residents are also directed to file with SGI. Saskatchewan: vehicle damage claims.
  • Illinois: claims about roads outside the Illinois Department of Transportation’s jurisdiction should go to the agency that maintains that road. Illinois DOT: claims.
  • New South Wales: Transport for NSW distinguishes state and regional roads from local roads managed by councils. NSW: make a claim for damage to your vehicle on a state or regional road.
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5. Contact your insurer and make a written claim

Tell your insurer what happened and ask how your policy applies. Confirm whether it wants to inspect the car, whether repairs should wait, what excess applies, what records it needs, and whether it may pursue recovery from the authority or contractor. Coverage, notice obligations, and repair authorization depend on your policy.

Some official processes describe insurer involvement: Ontario says drivers may report a claim to their auto insurer while the ministry reviews its claim, and Illinois says an insurer may arrange repairs and present a claim to IDOT on the driver’s behalf. Those are examples, not promises about another jurisdiction or policy. Ontario claim guidance; Illinois DOT claims guidance.

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Send the responsible organization a clear written account with the evidence its process requests. Keep the submission, attachments, date sent, and reference number. If the claim is rejected, ask for the reason in writing and check the local review, complaint, or legal options; there is no single appeal process established across jurisdictions.

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Liability and deadlines depend on where it happened

Damage in a construction zone is not proof by itself that a contractor or government body is legally responsible. Local rules may ask whether the road was maintained to a reasonable standard, whether reasonable steps were taken to prevent a foreseeable risk, whether the authority had prior notice and time to address a problem, or whether a contractor had control of the work. For example, Tasmania says a claimant must show that the department failed to take reasonable steps to prevent foreseeable risks of harm. Ontario describes claims where the province was responsible because a road was not maintained to a reasonable standard. Illinois says prior notice and a reasonable opportunity to remedy or warn can matter; Saskatchewan describes circumstances in which the ministry says it is not liable. Consult the applicable official process rather than assuming one standard applies everywhere.

Deadlines can be short and are not universal. The Ontario Ministry of Transportation page describes a 10-day submission deadline for its stated provincial-road process and a two-year limitation period for bringing a claim to action. Tasmania lists incidents more than 30 days old among claims it will not accept. These examples do not set the deadline elsewhere; verify the current rules for the road and claim route involved. Compensation is investigated, not automatic: nidirect states, “There is no automatic entitlement to compensation.” nidirect guidance.

Accepted claims may not necessarily reimburse the full cost of a new replacement part: Ontario says depreciation and betterment may be taken into account. Ontario claim guidance.

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