You are driving at night on a road you use every day when you hit a deep pothole that was not there yesterday, or an excavation left without barriers or lights, or a manhole cover that is raised, broken or missing. You pull over to find a shredded tyre, a bent rim and perhaps damaged suspension. Sometimes the damage looks minor but costs a great deal: a windscreen cracked by loose gravel from a freshly resurfaced road, or paintwork scarred by debris left behind by roadworks. In more serious cases the victim is a pedestrian who fell into an open trench, or a cyclist who skidded on sand and gravel left in the lane. The question everyone asks afterwards is simple: is this just bad luck I have to absorb, or is someone legally responsible for compensating me?
Under Kuwaiti law, damage caused by the condition of a road or by works carried out on it is not simply fate. The general liability rules of the Civil Code, issued by Decree-Law No. 67 of 1980, apply to public bodies and contractors just as they apply to individuals, and whoever neglects to maintain a road or to secure a worksite on it can be held liable for the harm that neglect causes. But these claims have their own features. The defendant may be a government authority, a contractor working for it, both of them, or a third body that owns the network the manhole belongs to. And proof is harder than in an ordinary collision, because the pothole may be filled the next day, taking the key evidence with it.
This article focuses on that specific situation. It does not repeat the general rules on traffic accidents covered in Road Traffic Accidents and Compensation in Kuwait and Traffic Accidents under Kuwaiti Law, nor the insurance rules explained in Vehicle Insurance in Kuwait. Instead, it deals with incidents where no other driver is involved and the source of the harm is the road itself or the works on it: who is liable, how you prove it, and in what order you should approach your insurer, the authority, the contractor and the court.
The Short Answer
If your car was damaged or you were injured by a pothole, an excavation, a manhole cover or flying gravel, the general rule is that liability lies with whoever was responsible for maintaining that part of the road or securing the worksite, and failed to do so. In practice that is one or more of the following:
- The government authority responsible for the road, where the damage results from a deteriorated surface or a pothole left unrepaired and unmarked long enough that it should have been found and dealt with.
- The contractor carrying out the works, where the damage results from a site that was not fenced, lit or signposted adequately, or from gravel and debris left after the work.
- The body that owns the utility network to which the manhole or inspection chamber belongs, whether sewerage, electricity, telecommunications or another network, together with its contractor if the defect followed recent work.
Often more than one party is liable: the contractor for failing to secure the site, and the commissioning authority for failing to supervise. The claimant must prove the damage, the defect or negligence, and the causal link between them, and must be ready to answer the usual defence that the driver was speeding or inattentive. That defence may reduce compensation in proportion to the claimant's own fault; it does not necessarily defeat the claim.
In practical terms, a driver with comprehensive cover will usually start with their own insurer to get the car repaired quickly. The insurer then recovers what it paid from the liable party, and the driver pursues whatever the policy did not cover, such as the excess and loss of value. A driver without comprehensive cover goes straight to the liable party with a written claim, followed by a lawsuit if no settlement is reached. The right court depends on the nature of the claim and the identity of the defendant, as explained below.
The Legal Framework
As far as we are aware, Kuwait has no standalone statute dedicated to compensation for road defects. These cases are governed by general and specific rules that work together:
- The Civil Code (Decree-Law No. 67 of 1980): the primary source. It contains the rules on liability for wrongful acts based on fault, damage and causation; vicarious liability, under which a principal answers for the fault of those working under its direction; liability for things requiring special care; joint and several liability of multiple wrongdoers; the effect of the victim's own fault; and limitation of compensation claims. Liability for things is explained in detail in Liability for Things under the Kuwaiti Civil Code.
- Decree-Law No. 20 of 1981 establishing a circuit of the Court of First Instance for administrative disputes: it defines the matters within the Administrative Circuit's jurisdiction, most notably applications to annul administrative decisions and claims for compensation for them, as well as administrative contract disputes. Whether a given claim belongs there or before the civil circuits is a technical question addressed below.
- The Civil and Commercial Procedure Law (Decree-Law No. 38 of 1980): governing filing, service, appointment of experts, appeals and urgent proceedings to record the state of a site.
- The Traffic Law (Decree-Law No. 67 of 1976) and its regulations: relevant to accident reporting and the official traffic report, and to drivers' duties regarding speed and attention, which defendants usually invoke when alleging contributory fault.
- The Penal Code (Law No. 16 of 1960): where negligence causes bodily injury or death, criminal liability for negligent injury or manslaughter may arise alongside civil liability.
- Public works contracts: the injured person is not normally a party to them, but they are valuable evidence, because they usually specify who must fence, light and signpost the site, divert traffic, bear liability towards third parties and carry third-party insurance. See Construction Contracts in Kuwait.
A note on method: we have deliberately avoided citing specific article numbers, fixed numerical deadlines, or naming a particular authority as responsible for a particular road. The allocation of responsibility among public bodies for roads and networks can change through administrative reorganisation, and the answer varies with the type of road and the date of the incident. Checking this in each case is a core part of assessing a claim.
Substantive Rules
1. The basis of the road authority's liability
The body responsible for building and maintaining a road must keep it reasonably safe for use or, at the very least, warn users of a hazard it has not yet removed. Leaving a deep pothole or subsidence unrepaired and unmarked for a period in which it could have been discovered and fixed is negligence for which it can be held liable. The claimant does not need to identify an individual employee at fault; liability may rest on a systemic failure in maintenance and inspection, on vicarious liability, or on liability for things, depending on how the court characterises the facts.
Authorities typically raise two defences: that the pothole was new and sudden and could not have been discovered before the accident, or that it resulted from an extraordinary event such as exceptionally heavy rain. The answer to both lies in evidence. Were there earlier complaints about the same pothole? Do older photos or records show it? Have there been repeated incidents at that spot? Was the rain genuinely exceptional, or normal for the season so that the authority should have been prepared? An external cause breaks the chain of causation only if it could neither be foreseen nor avoided; what recurs every season is, in principle, foreseeable.
2. The contractor's liability for unsecured excavations
A contractor working on a road that remains open to traffic, whether laying networks, resurfacing, building a bridge or managing a diversion, owes road users a duty of care that exists independently of its contractual obligations to the project owner. Typical breaches include:
- leaving a hole or trench open without solid barriers or temporary covers, especially at night or over weekends when work stops;
- missing or broken warning lights;
- warning signs placed too close to the hazard, or where drivers see them too late;
- confusing diversions without clear road markings, leaving drivers suddenly facing a barrier or a level change;
- a sharp step between old and new asphalt during milling and resurfacing;
- materials, equipment, sand or gravel left on or beside the carriageway.
The contractor is also liable to third parties for the faults of its workers and subcontractors under the rules on vicarious liability. It cannot escape by saying that a labourer moved the barrier or that a subcontractor dug the trench; it may later recover from the subcontractor under their contract, but that is an internal matter that cannot be raised against the victim. See Subcontractors in Kuwait.
3. Is the authority liable alongside the contractor?
Authorities often argue that the site was in the contractor's hands under the contract and that they are not responsible for its mistakes. That argument is not automatically accepted. The project owner usually retains powers of supervision and inspection, and can require safety measures or stop the work when they are breached. If it knew, or should have known, that the site was unsafe and did nothing, it may be liable for its own failure to supervise, alongside the contractor. Where several parties are responsible for the same harm, the Civil Code's general rule is that they are jointly and severally liable to the victim: the victim may claim full compensation from any of them, and they then share it according to the seriousness of each one's fault or their contracts.
For that reason, where responsibility is uncertain, it is usually wise to claim against both the authority and the contractor and let the court decide each one's share after an expert report, rather than suing one party only to find that the other was responsible.
4. Flying gravel
Gravel damage is common and hard to prove, because the stone that hit the glass usually disappears. Three sources should be distinguished:
- Gravel from a freshly resurfaced road that was not swept, or that was opened to traffic before the surface settled without reduced-speed signs. Attention turns to the contractor, and to the authority if it opened the road without a proper handover.
- Gravel from an uncovered lorry load. The lorry driver and owner are liable and the incident is treated as a vehicle accident; note the lorry's plate number immediately.
- Stones thrown up by the wheels of the car ahead on an ordinary road, with no negligence by anyone. This is usually an accidental loss not attributable to anyone's fault, typically handled under comprehensive cover if the policy includes glass.
5. Manhole covers and inspection chambers
A missing, broken, raised or sunken manhole cover is a serious danger to tyres, pedestrians and cyclists. The first question is: which network does it belong to? The road may be managed by one body while the manhole belongs to a sewerage, electricity, telecommunications or water network managed by another. The cover usually bears a logo or marking identifying the owner, so a close-up photo is one of the most important pieces of evidence. If the defect appeared after recent network works, the contractor who reinstalled the cover may also be liable.
6. Lighting, signs and warnings
Adequate warning does not always remove liability, but it weighs heavily. If the hazard was clearly marked with signs at a sufficient distance and lit barriers, and the driver ignored them and sped through, most of the fault shifts to the driver. If the sign was lying on the ground, the lights were out or the barrier had been moved, the warning is effectively non-existent. That is why the state of the warnings must be recorded at the moment of the accident, not later, because the contractor may correct things the next morning.
7. Contributory fault
The most common defence is that the claimant was speeding, using a phone, driving in a closed lane or ignoring warning signs. Under the Civil Code, where the victim's own fault contributed to the harm or increased it, compensation is reduced in proportion to that share, and the victim's fault may even absorb the defendant's entirely if it was the sole effective cause. The outcome depends on the facts: would an attentive driver at the lawful speed have seen the pothole? Was the lighting adequate? Would the damage have happened anyway? Dashcam footage is doubly valuable here, because it proves the hazard and, at the same time, your speed and attention. On allocating fault generally, see The Traffic Report and Apportionment of Fault.
8. Bodily injury to pedestrians and cyclists
When the victim is a pedestrian who fell into an unsecured hole or trench, or a cyclist or motorcyclist who skidded on gravel or struck the edge of an excavation, the harm goes beyond property. Compensation may cover medical costs, lost earnings during incapacity, the compensation the Civil Code provides for the injury itself, and moral damage for pain and suffering where appropriate. Criminal liability for negligent injury may arise against whoever was negligent, and the victim may either join a civil claim to the criminal case or bring an independent civil action. See Compensation for Bodily Injury in Kuwait and, for fatal cases, Diya and Compensation in Fatal Accidents in Kuwait.
A pedestrian or cyclist usually has no motor policy to fall back on, so the claim goes directly against the party responsible for the road or site. It is worth investigating, during the proceedings, whether the contractor holds third-party liability insurance covering the site. For falls inside private premises rather than on a public road, see Injury in a Mall, Shop or Restaurant in Kuwait.
9. Heads of damage for your car
- Repair of tyres, rims, suspension, steering, glass and other parts, or replacement value where repair is not possible.
- Towing, inspection and assessment costs.
- The excess paid under a comprehensive policy.
- Loss of market value where serious damage affects resale value.
- Hire of a replacement car or transport costs for a reasonable repair period, where actual need is shown.
Principles of the Court of Cassation
The Court of Cassation has settled a number of principles on tort liability that apply to road and roadworks cases. We state them in general terms:
- The Court of Cassation has consistently held that tort liability rests on three elements, fault, damage and causation, and that the claimant must prove them unless the law presumes fault in a given situation.
- It has consistently held that whether fault exists and whether causation is established are questions of fact for the trial court, provided its reasoning is sound and supported by the record.
- It has consistently held that the court may reduce or refuse compensation where the victim's own fault contributed to or increased the harm, and that apportioning fault falls within the trial court's discretion.
- It has consistently held that an external cause breaks causation only if it was unforeseeable and unavoidable.
- It has consistently held that administrative bodies are liable for damage caused by their material acts under the liability rules of the Civil Code.
- It has consistently held that an expert's report is one element of evidence subject to the court's assessment, which may adopt it in whole or in part or set it aside with sound reasons.
Methodological note: these principles are phrased generally to reflect what we understand to be the settled approach of the Kuwaiti courts. We have not attributed any of them to a specific appeal number or year, because we do not cite judgments we have not verified at source. In particular, which circuit (administrative or civil) hears compensation claims for the material acts of public bodies should be checked against the latest case law when filing, and any judgment relied on in court should be taken from the official law reports.
Practical Steps and Documents
Step 1: At the scene
- Make yourself safe first: stop somewhere safe, switch on hazard lights, and do not stand in live traffic to photograph the hole.
- Report the incident: call the emergency number or the competent traffic authority to have an official report prepared, and ask that it record the cause (pothole, excavation, manhole cover, gravel) and the exact location.
- Photograph everything: the hole close up and from a distance with an object of known size for scale; the road from an approaching driver's viewpoint to show it was not visible; the absence of signs, barriers or lighting; any equipment or boards naming the contractor; the manhole cover and its markings; and the damage to your car.
- Record the location: take a map screenshot with the exact position and note the nearest landmark, lamp post number or exit.
- Save dashcam footage before it is overwritten.
- Take witness details, especially other drivers damaged by the same hazard at the same time; repeated damage is strong evidence of danger.
Step 2: In the following days
- Return and photograph the site in daylight. If the hole has since been repaired or barriers installed, that itself suggests it needed attention.
- Look for nearby cameras (shops, petrol stations, buildings) and request that footage be preserved before deletion; this may need to go through official channels or the court.
- Keep the damaged tyre or rim if possible, or photograph it before disposal.
- Obtain a written damage estimate from the dealer or an approved garage, and keep towing and repair invoices.
- If injured: medical reports, treatment invoices, sick-leave certificates and proof of lost income.
Step 3: Your insurer first, if you have comprehensive cover
With comprehensive cover, the quickest route is usually to claim under your policy, following its procedures and notification period. The insurer repairs the car and then steps into your shoes to recover from the liable party, while you claim the uninsured losses such as the excess, loss of value and transport costs. Be careful: a settlement with your insurer may include an assignment of your rights against third parties to the extent of the payment, so read the discharge form before signing. Third-party-only cover does not pay for your own car in this situation, as there is no other insured party who caused the accident. See Comprehensive vs Third-Party Insurance in Kuwait.
Step 4: A written claim to the authority and the contractor
Before suing, it is advisable to send a written claim to the road authority and, if known, the contractor, describing the incident, date and location, attaching photos, the traffic report and the damage estimate, and requesting compensation within a reasonable time. This may lead to settlement, reveals the other side's position early, shows good faith, and may identify the contractor responsible for the site. Keep proof of delivery.
A formal administrative grievance is a precondition for certain actions to annul administrative decisions; it is not, in principle, tied to a claim for compensation for a material failure such as poor road maintenance. However, if the claim is connected to an administrative decision, or your lawyer considers it may fall before the Administrative Circuit, check whether a grievance is required and its time limits before doing anything else, because deadlines for challenging administrative decisions are short. See Challenging Administrative Decisions in Kuwait.
Step 5: The lawsuit
- Choosing defendants: the road authority (represented by whoever legally represents it in litigation), the contractor, the network owner in manhole cases, and the contractor's insurer if third-party cover is shown to exist.
- Choosing the court: a claim for a material act of negligence in maintenance or site safety is generally heard by the civil circuits, while the Administrative Circuit hears the disputes listed in Decree-Law No. 20 of 1981. Assessing this in a given case is a job for your lawyer.
- Requesting an expert to inspect the site or its photographs and determine the cause, who controlled the site at the time and the extent of the damage.
- Urgent proceedings to record the site may be considered where its features are likely to disappear.
- Enforcement: judgments against government bodies follow special rules, covered in Enforcing Judgments against Public Authorities in Kuwait.
Time limits
A tort claim is subject to a limitation period set by the Civil Code, generally running from when the victim learns of the damage and of the person responsible, subject to an outer limit counted from the date of the act. Insurance claims are subject to the notification periods in the policy and to limitation of actions arising from insurance contracts. If the claim relates to an administrative decision, grievance and challenge deadlines are much shorter. Because these periods differ depending on the route, do not wait: document immediately and check the applicable deadlines early.
Document checklist
- Traffic or police report.
- Dated photos and videos, and the map location.
- Dashcam footage, if any.
- Witness names and numbers.
- Damage estimate and towing and repair invoices.
- Insurance policy, correspondence with the insurer and any discharge signed.
- Copy of the written claim to the authority and contractor, proof of delivery and any replies.
- Medical reports, treatment invoices and proof of lost earnings in injury cases.
- Vehicle ownership documents and driving licence.
Hypothetical Cases
Case 1: A motorway pothole at night, with comprehensive cover
Hypothetical facts: Salem was driving at night on a motorway at the lawful speed when he hit a deep, unmarked pothole in the middle lane. Two tyres burst, two rims were bent and the suspension was damaged. He reported the incident, an official report mentioning the pothole was prepared, he photographed it, and he noticed two other cars stopping for the same reason and took their drivers' numbers. He has comprehensive insurance.
Legal analysis: Salem claims from his insurer first; the insurer pays and then recovers from the road authority. Salem can claim the excess and transport costs from the authority. Three cars damaged at once with no warning supports the argument that the pothole was not visible to an attentive driver and the road was dangerous. If the authority argues the pothole was new, the answer is to look for earlier complaints or photos; the final assessment is for the court after the expert report.
Case 2: An open trench outside a home and a pedestrian's fall
Hypothetical facts: A contractor laying a network in a residential street left a trench open over a holiday without barriers or lights. Muneera left her house at night, fell into it and broke her leg, requiring surgery and long sick leave. A board on nearby equipment bore the company's name.
Legal analysis: The contractor's liability for failing to secure the site is clear, and the project owner may also be liable if its supervision was deficient, so both should be claimed against jointly. The claim covers medical costs, lost earnings, compensation for the injury and moral damage. Criminal liability for negligent injury may arise, and Muneera may join a civil claim to the criminal case or sue separately as her lawyer advises. She has no motor policy to rely on, but the contractor's third-party insurance should be investigated.
Case 3: A raised manhole cover and a speeding driver
Hypothetical facts: Fahad's car struck a manhole cover raised above the road surface on an inner street, damaging the underside. His dashcam shows the cover was indeed raised with no warning, but also that he was driving well above the speed limit for that street.
Legal analysis: The body responsible for the network, and its contractor if recent work caused the defect, is liable for the cover. But the same footage will be used against Fahad to prove his speed, and the court will ask whether the damage would have occurred, or been as severe, had he respected the limit. The likely outcome on such facts is shared liability and reduced compensation in proportion to Fahad's fault, not outright dismissal, since the raised cover was a hazard in its own right.
Quick Comparison
- Pothole or subsidence with no ongoing works: likely liable party is the road authority. Key evidence: traffic report, photos, proof the hole was old or caused repeated incidents. Typical defence: the hole was new or caused by an extraordinary event.
- Unsecured excavation or worksite: likely liable party is the contractor, plus the project owner where supervision failed. Key evidence: photos showing no barriers, lights or signs, and the contractor's name. Typical defence: adequate warnings were ignored.
- Gravel from resurfacing: likely the contractor, and possibly the authority if the road was opened prematurely. Key evidence: photos of loose gravel, resurfacing date, multiple victims. Typical defence: the stone cannot be traced to the works.
- Gravel from a lorry load: the lorry driver, owner and insurer. Key evidence: plate number and dashcam. Treated as a vehicle accident.
- Missing, raised or broken manhole cover: the network owner, and its contractor after recent work. Key evidence: photo of the cover and its markings, exact location. Typical defence: the wrong body has been sued.
- Injured pedestrian or cyclist: whoever failed in maintaining the road or securing the site. Key evidence: medical reports, site photos, witnesses. Possible criminal liability for negligent injury.
Frequently Asked Questions
Can I really sue a government authority over a pothole?
Yes. Public bodies are subject to liability for damage caused by their material acts and negligence. Their public status does not prevent them being sued, although special rules govern their representation in litigation and enforcement against them.
How do I find out who is responsible for the road or the manhole?
Start with what is visible on site: project boards, the contractor's name on equipment, and the logo on the manhole cover. This can then be confirmed through a written claim or, in litigation, by an expert. Where in doubt, it is usually safer to name more than one body and let the court decide.
Should I start with my insurer or the liable party?
With comprehensive cover, starting with your insurer is usually faster; it then recovers from the liable party, and you claim what the policy did not cover. Without comprehensive cover, go directly to the liable party.
Does third-party insurance cover my pothole damage?
Generally no. It covers your liability to others, not damage to your own car, and there is no other insured party at fault here.
The pothole was repaired the next day. Have I lost my claim?
No, but proof becomes harder. Your traffic report, photos and witnesses remain evidence, and a quick repair after the incident may itself suggest the hole needed fixing. Documenting at the moment of the accident is what matters most.
I did not report it at the time. Can I still claim?
In principle yes, if you can prove the incident by other means, but the lack of an official report weakens your position, invites doubts about where and how the damage occurred, and may complicate an insurance claim. Report immediately whenever possible.
Do I need to file a grievance before suing?
A grievance is required for certain actions to annul administrative decisions and is not, in principle, tied to a compensation claim for negligent road maintenance. A written claim before suing is still advisable, and the point must be checked if the claim relates to an administrative decision.
I was driving a little fast. Do I lose everything?
Not necessarily. Your fault reduces compensation in proportion to its contribution, and only defeats the claim entirely if it was the sole effective cause. The court assesses this on the facts.
A stone cracked my windscreen and I do not know where it came from. What now?
If it came from an identified lorry, claim against its driver and owner. If it came from a freshly resurfaced road full of loose gravel, the contractor may be liable if that can be shown. If the source cannot be identified, the practical answer is usually your comprehensive policy, if it covers glass.
Can I claim loss of value after repair?
Yes, where the damage was serious and genuinely affected market value, usually proved by an expert report. It is not presumed for every minor repair.
What if I was a cyclist or pedestrian?
You claim directly against the party responsible for the road or site for your injury and its consequences, and a criminal case for negligent injury may arise in which a civil claim can be joined. The contractor's third-party insurance should also be investigated.
How long do these cases take?
It depends on the number of defendants, the need for an expert and the levels of appeal. A settlement or an insurance claim is usually faster than litigation, so it is sensible to pursue them in parallel while protecting your right to sue before the deadlines expire.
Can I sue only the contractor and leave out the authority?
You can, but if liability turns out to lie wholly or partly with the authority, you may lose part of your compensation. Since multiple liable parties are in principle jointly and severally liable, naming both is usually the safer course.
Conclusion
Damage to your car or your body caused by a pothole, an excavation or a manhole cover is not something you must simply absorb. The Kuwaiti Civil Code holds whoever neglected to maintain the road or secure the worksite responsible for the consequences, whether a government authority, a contractor or a network operator, and several of them may be jointly and severally liable.
These cases are won or lost in the first hours. Holes are filled, signs reappear and barriers go up; what remains is what you recorded: the traffic report, photos from the driver's viewpoint, dashcam footage, witnesses and the exact location. After that comes sequencing your insurer, a written claim and a lawsuit correctly, while keeping in mind how your own conduct may affect the amount awarded.
Each case turns on its details: the type of road, which body was responsible for it at the time, whether works were under way, your policy terms, the competent court and the applicable deadlines. Early review identifies the right defendants and protects your claim from lapsing.
Legal Notice
This article provides general legal information about Kuwaiti law and is not legal advice; it does not create a lawyer-client relationship. The rules described are subject to legislative change and to judicial application to the facts of each case, and the allocation of responsibility among public bodies for roads and networks may change.
If your car was damaged or you were injured by a pothole, roadworks or a manhole cover, the team at Yumnaak Law Firm can review the facts, identify the responsible authority and contractor, and handle the claim and any lawsuit through to enforcement. Contact us via the Contact Us page or book an appointment to discuss your case.
