Could I Make A Pothole Injury Claim?
Local authorities have a duty of care to road users to ensure that roads are safe to use. This duty includes the inspection and repair of defects, including potholes. If you have been injured due to a pothole, you could be eligible to make a pothole injury claim.
In this guide, we look at when and how you could make a personal injury compensation claim for any injuries. We look at what potholes are, and the criteria your case must meet to have an eligible claim. We also look at how long you may have in which to make a claim and what types of compensation you could be awarded. Finally, we also look at how a No Win No Fee solicitor could help you.
For more information on making pothole accident claims, please read our guide below. When you are ready to claim compensation, please contact our team.
- Call an advisor today on 020 3870 4868 to discuss your case.
- Make your claim online by filling in our claims form.
- Use the live chat below to speak to an expert about your case.
Jump To A Section
- What Is A Pothole?
- What Is A Pothole Injury Claim?
- How Do I Make A Pothole Injury Claim?
- How Long Do I Have To Make A Pothole Accident Claim?
- What Personal Injury Compensation Could I Receive For A Pothole Injury Claim?
- What Are No Win No Fee Pothole Injury Claims?
- More Useful Resources About Claiming For Personal Injuries
What Is A Pothole?
A pothole is a hollow or depression on the surface of a road. It may be caused by road traffic and groundwater. A pothole may begin as a small defect or crack in the road surface. Over time, if the defect is not repaired, the pothole may expand to be anywhere from a few inches to a few feet across. Small defects in the road may be made larger by heavy vehicles passing over them and general wear and tear.
If you have been injured in an accident which happened because a local authority did not repair a pothole, you can contact our advisors to see if you could make a pothole accident claim.
What Is A Pothole Injury Claim?
Under Section 41 of the Highways Act 1980, the authority in charge of a public road has a duty to correctly maintain them. For example, this could be a local council or Highways England that owes this duty of care.
Privately maintained roadways may be the responsibility of the land occupier. Under the Occupier’s Liability Act 1957, they have a duty of care to keep visitors reasonably safe while on their premises. Examples of where a private occupier may be responsible for the maintenance of a road could include roadways in supermarket car parks and similar stretches of road.
If the relevant party was aware of a defect, such as a pothole, and did not take steps to fix it in a timely manner, they may have acted negligently.
Whether you were using the road as a cyclist, pedestrian, driver or vehicle occupant, you should expect to do so safely. You could make a personal injury claim when:
- The party responsible for the maintenance of a road owed you a duty of care.
- This party breached their duty of care. They may have failed to repair a pothole in a timely manner.
- You suffered an injury due to the party’s negligent actions.
How Deep Does A Pothole Need To Be In Order To Claim For An Injury?
We should note that there is no specific depth at which a pothole must be in order for it to be considered dangerous.
If your accident happened because of a pothole, you should make sure that you take photos of it as soon as possible and make note of the depth of the pothole. It may be that it is repaired before you begin the claims process.
For a free eligibility assessment of your pothole injury claim, you can contact our advisors.
How Do I Make A Pothole Injury Claim?
Whether you are making a slip, trip and fall injury claim, a pedestrian injury claim, or claiming as a different type of road user, there are steps you can take in order to give you the best chance of making a successful pothole injury claim.
Aside from contacting specialist personal injury solicitors, you can gather evidence which supports your case. This may include:
- Anything that shows information about the pothole. This may include photos of the pothole that illustrate its depth (such as using a tape measure).
- Any evidence which shows that the pothole has been reported to the relevant authority.
- CCTV or dashcam footage which shows the accident taking place.
- Your medical records such as those from a hospital or GP surgery where you received treatment. This may include copies of scan or test results and details of treatment provided.
- Contact information for anyone who was witness to the accident taking place.
Can I Make A Cycling Pothole Claim?
The process of making a cycling pothole injury claim is the same as any other type of pothole accident claim. You will need to meet the same eligibility criteria as those claiming for injuries as a pedestrian, driver or vehicle occupant.
Additional evidence that you may be able to present in support of your claim may be any footage from a camera you wear or which is fixed to your bike, as well as any evidence of damage to your bicycle.
For more information on how a cycling, vehicle occupant or pedestrian accident solicitor could help you with your pothole injury claim, please contact our team.
How Long Do I Have To Make A Pothole Accident Claim?
If you have been injured in a pothole accident you may have suffered a variety of different injuries. When considering making a pothole injury claim, you need to be aware of any time limits which may apply to your claim. Such time limits are set out in The Limitation Act, 1980.
The standard time limit to make pothole personal injury claims is three years. The time limit is taken from the date of the accident.
If the claimant was under the age of eighteen at the time of the accident or if they lack the mental capacity to make a claim the time limit may be suspended until the person becomes eighteen or regains the mental capacity to make a claim. Prior to this, a litigation friend may act on behalf of the claimant.
Find out more about the time limits for making pothole injury compensation claims and their exceptions by contacting our team.
What Personal Injury Compensation Could I Receive For A Pothole Injury Claim?
If you have been injured in a pothole accident, you could be awarded compensation for your pain and suffering. This would be awarded under general damages. In order to estimate general damages, solicitors may review the Judicial College Guidelines (JCG). This document contains guidelines on how much compensation may be awarded for different types of injury.
The table below includes examples of figures taken from the JCG. Please note that row one does not come from the JCG.
| Harm | Severity | Compensation |
|---|---|---|
| Multiple serious injuries with significant financial losses including loss of earnings. | Multiple and serious or severe | Up to £500,000+ |
| Neck injury | Severe - A - ii | £80,240 to £159,770 |
| Foot injury | Severe - D | £51,220 to £85,460 |
| Leg injury | Severe - B - iii - serious | £47,840 to £66,920 |
| Ankle injuries | Severe - B | £38,210 to £61,090 |
| Shoulder injury | Severe - A | £23,430 to £58,610 |
| Back injury | Moderate - B - i | £33,880 to £47,320 |
| Achilles tendon | Most serious - A | Around £46,900 |
| Elbow injury | Less severe injuries - B | £19,100 to £39,070 |
| Knee injury | Moderate - B - i | £18,110 to £31,960 |
Special damages may be awarded in certain personal injury claims for costs and financial losses suffered due to your injuries. Examples of special damages could include:
- Medical costs, such as physiotherapy.
- Medication costs, such as prescription medication.
- Lost earnings or income.
- Travel expenses to or from medical appointments.
- The cost of mobility aids and making adaptations to a home.
You will need evidence to prove that your injury was caused by a pothole and that you suffered the financial losses and costs listed above. For example, this may include bank statements, payslips and invoices.
For more information on how to make a pothole claim for special damages, please contact our team.
What Are No Win No Fee Pothole Injury Claims?
When you contact us about your pothole injury claim, an advisor will be able to assess your case and find out if you are eligible to make a compensation claim. If they believe you are, they could connect you to a specialist solicitor on our panel who could handle your case on a No Win No Fee basis.
They may offer their services to you through a Conditional Fee Agreement (CFA). One advantage of working with a solicitor under this arrangement includes not having to pay them for their work if the claim fails. You also will not be required to pay them upfront or during the claim for their services.
Should the claim be a success, they will take a percentage of your compensation as their success fee. It is important to note, however, that the law limits what this percentage can be.
To find out more about making a pothole injury claim, please contact our team on:
- 020 3870 4868 where you can speak to a member of our team.
- Our live chat below.
- Or begin your claim online by filling out our contact form.
More Useful Resources About Claiming For Personal Injuries
Below we have included further helpful resources related to making a personal injury claim:
- In this guide we look at how to make a broken foot compensation claim.
- Here, we look at how to make a broken ankle compensation claim.
- If you suffered a broken wrist, view our guide on how to claim compensation.
External resources:
- You can report a pothole using this government resource.
- Learn more about pothole repair funding in this Local Government resource.
- Learn when to call 999 from the NHS.
Thank you for reading our guide to making a pothole injury claim. For more information, please contact our team.
