Pothole Injury Claims – How Much Compensation Can You Claim?

Local authorities and highway authorities have a legal duty to maintain roads and ensure they’re safe for public use. This involves regular inspections and prompt repairs of major defects, such as potholes. If they fail to meet these responsibilities and a pothole causes personal injury, you may be eligible to make a pothole injury claim for compensation.

In this guide, we’ll explain the council’s obligations for road maintenance and potholes, when you might be eligible to make a claim, and how much compensation you could receive.

Our specially trained advisors can advise you on what to do if you’re thinking about claiming. They will begin by reviewing your case in a no-obligation telephone consultation. After discussing what happened, they’ll go over your options and provide free legal advice. Should it look like a pothole personal injury claim is viable, they’ll partner you with one of our personal injury solicitors. If they accept your claim, they’ll work for you on a No Win No Fee basis.

Please read on to learn about claiming for injuries caused by potholes. Alternatively, call us on 0800 6524 881 if you’re ready to begin your claim right away.

Am I Eligible To Make A Pothole Injury Claim?

To be eligible to make a pothole injury claim you’ll typically need to prove:

• The defendant, such as the local council or highway authority, owed you a duty of care.
• They breached this duty, causing a pothole accident.
• You suffered a personal injury (whether physical or psychological) as a direct result.

Whether you tripped on a pavement because of a pothole or had an accident while driving on a public or private road, you’re typically owed a duty of care by the local authority or landowner. Our claims advisors can check this for you during a free consultation.

How Deep Does A Pothole Have To Be To Claim?

Generally, a pothole is considered unsafe if it’s 40mm deep on the road or 1 inch (25mm) deep on the pavement.

If you’re planning to make a pothole injury claim, it’s important to provide clear evidence of the pothole’s depth. You can do this by taking photographs that show the pothole alongside a measuring tool, such as a ruler or tape measure, to demonstrate its size. If the pothole is less than 1 inch deep, you may find it difficult to claim compensation for any injuries.

If you’re uncertain about your eligibility to claim for a pothole injury, our specialists are available to discuss your case.

Can I Sue The Council For A Pothole Accident?

Local authorities or councils are usually responsible for the maintenance and repair of public highways and pavements. They will need to follow the rules defined by Section 58 of the Highways Act 1980. This requires them to inspect highways regularly. When defects such as potholes are identified, they should be repaired in a timely manner. Busier roads, like a dual carriageway or the high street, require more frequent inspections than quieter roads, such as cul-de-sacs with less foot or vehicle traffic.

Therefore, if you are injured by a pothole on a public highway that was known about but not rectified in a timely manner, you could sue the council/local authority for your injuries.

The Highways Act 1980 does allow the council to defend the claim if they can show that the road or pavement was inspected within the allowed timescales and no defect was found at the time.

Can I Claim Compensation Against Utility Companies?

If the council was unaware of a defect that appeared between inspections, it’s possible that a utility company caused it while carrying out installations, repairs, or maintenance work. Utility companies have a duty of care to properly repair the highway after completing their work. If they fail to fix a pothole or defect correctly, and it leads to an injury, you may be able to direct your claim against them.

What If The Pothole Was On Private Property?

If a pothole on land not managed by the local authority causes your accident, you may still be able to make a claim. In this case, you’ll need to identify the landowner or occupier. If it’s not immediately clear who’s responsible, you could ask local residents or seek advice from the Land Registry.

Common Causes Of Pothole Accident Claims

Roads and pavements in the UK are generally maintained to high standards. However, accidents caused by potholes can still happen through no fault of the injured person.

Some common causes of pothole accident claims include:

• If you trip and fall on a pothole while walking on a public pavement.
• Where you’re injured in a car crash after hitting a pothole on the road causing the crash.
• If your bike or motorbike hits a pothole, throwing you off and leading to injuries such as broken bones.
• Where a pedestrian is injured after stepping into a hidden pothole on private land.
• You’re a cyclist injured by a pothole after swerving to avoid it and colliding with a vehicle or other obstacle.
• Where a pothole causes damage to your vehicle’s tyres, suspension, or wheels, leading to an accident.

If you suffer an injury because of a pothole accident through no fault of your own, a compensation claim may be possible.

You can learn more about road traffic accident claims here.

Common Injuries Caused By Potholes

It may be possible to claim for any personal injuries caused by potholes other than the most minor. Some of the more common claims our solicitors can help with include:

Even if we’ve not listed your injury here, one of our solicitors could still help you to claim for your suffering.

How Much Compensation Will I Get For A Pothole Injury Claim?

When claiming compensation for injuries caused by a pothole, the settlement will usually be based on two main factors. These are the pain and suffering caused by your injuries (general damages) and any financial losses or expenses incurred (special damages).

Therefore, if you make a successful pothole injury claim, it could include damages to cover:

• The pain caused by your injuries and subsequent treatment.
• Any psychiatric damage your injuries have caused.
• Loss of income where your injuries stopped you from being well enough to work.
• Any effect your injuries have had on your hobbies, family events or social life (loss of amenity).
• Care costs if somebody else had to look after you while injured.
• Medical expenses such as physiotherapy or private remedial surgery.
• Fuel costs, parking fees or other travel expenses.
• The cost of buying replacements for personal property damaged during the accident.
• The cost of adapting your home if changes will help you to manage better with a permanent disability.
• Future loss of income if you’ll lose money in the long term because of your injuries.

If your pothole injury claim is managed by one of our solicitors, they will make sure they fully understand how you’ve been affected before filing your claim with the defendant.

Pothole Injury Compensation Calculator

The compensation calculator, below, shows you the guideline compensation figures for a range of relevant injuries caused by pothole accidents.

To determine how severe your injuries were, you’ll need a medical assessment as part of your pothole injury claim. This isn’t something to worry about and it will usually happen locally so you won’t need to travel far. An independent specialist will examine your injuries and discuss how you’ve suffered before producing a report that explains your prognosis.

Evidence To Support A Pothole Accident Claim

In any type of personal injury claim, you will need to show how the accident occurred, the seriousness of your injury, and who caused the accident. For a pothole injury claim, you could use:

• Witness statements. These can confirm how the accident happened or how long the pothole had been present before your incident.
• Medical evidence. If your injuries were treated by a doctor, hospital, or minor injuries unit, your solicitor can request copies of your medical records to confirm the severity of your injuries.
• CCTV or dashcam footage. If the accident was captured on CCTV or a dashcam, this can be vital evidence. You’re legally entitled to request relevant footage, but be sure to act quickly as it may not be stored for long.
• Accident reports. Report the pothole accident to the council/local authority or the organisation responsible for the area. An accident report form can serve as evidence to confirm the date, time, and location of the incident.
• Photographs. Photos of the pothole are essential, ideally showing its depth and size with a measuring tool. You should also photograph any visible injuries and damage to your property.
• Proof of expenses. Keep receipts for any expenses resulting from the pothole accident, such as medical costs, prescription fees, and travel expenses for hospital visits.
• Wage slips. If your pothole injury caused you to take time off work, your wage slips and bank statements can help prove lost income.
• Pothole inspection records. If possible, obtain records from the local council or responsible party showing when the pothole was last inspected or reported.
• Maintenance logs. These can show whether the authority or landowner had been notified about the pothole and failed to repair it in a timely manner.

As part of our free consultation, we’ll consider any evidence you have already obtained so please have it ready when you call.

Do I Need A Solicitor To File A Pothole Injury Claim?

While it’s not a legal requirement to use a solicitor to file a pothole injury claim, having one can significantly increase the chances of success. Pothole claims can sometimes be complex, involving the need to gather strong evidence, communicate with insurers or local authorities, and possibly take the case to court if it’s disputed.

Our No Win No Fee solicitors have the expertise to handle these processes efficiently, ensuring that your claim is filed correctly and that you have the best chance of receiving the compensation you deserve. They can also help assess the value of your pothole injury claim, including both general and special damages, to make sure no aspect of your suffering or losses is overlooked.

Ultimately, while you can file a claim on your own, working with a solicitor on our team can take much of the stress out of the process and improve your chances of a successful outcome.

Time Limits For Claiming Pothole Injury Compensation

If you’ve suffered a pothole injury and wish to claim compensation, you’ll usually need to start court proceedings within a 3-year time limit. For most people, this starts from the date of the pothole accident. In some cases, for example, if the effects of the pothole accident were only recognised later, the date of knowledge may apply.

Where a child is injured by a pothole, the 3-year time limit doesn’t apply immediately. Instead, the child has until their 21st birthday to make a claim. A parent or guardian can also apply as a litigation friend to claim on the child’s behalf at any time before the child turns 18.

It’s often best to start the claims process sooner rather than later. One advantage of acting early is that your personal injury solicitor may be able to request the defendant cover the cost of private medical treatment before your claim is finalised. Additionally, gathering evidence to support your claim is usually easier the sooner you begin.

How Long Does It Take To Settle Pothole Accident Claim?

The time it takes to settle a pothole accident claim generally depends on factors such as the complexity of the case, the severity of the injuries, and the cooperation of the involved parties.

A straightforward claim, where the responsible party’s insurer accepts liability and court proceedings aren’t required, could be settled within a few months. However, if the claim is disputed or requires going to court, it may take much longer, sometimes up to a year or more.

Speaking with one of our solicitors can give you a better estimate of how long your pothole claim might take.

Starting The Pothole Injury Claims Process

If you’ve read our guide on pothole injury claims and decided that you’d like to discuss your options, please give us a call on 0800 6524 881. When you get in touch, one of our specially-trained advisors will review your claim with you and explain your chances of success.

If the claim is strong enough, we’ll pass it on to one of our solicitors. If they agree to represent you, they’ll do so on a No Win No Fee basis.

Please use live chat or give us a call if you have any further questions about the pothole injury claims process.