My car ran over a broken manhole cover which had become wedged in the opening. The damage was considerable, and we had to pay the excess on our insurance policy, a contribution of £270 towards a new gearbox, plus £150 in car hire charges. We have legal expenses cover but they appear to have drawn a blank on tracing who was responsible for the manhole.
The council have an obligation to maintain the highway. Address your claim to them in the first instance. If they do not consider themselves responsible they should be able to tell you who is! You will need to check the wording of your legal expenses insurance contract carefully. Unless the council can show it inspected the road recently your legal expenses insurance lawyers should pursue this.