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Learn How To Make A Pothole Injury Claim

By Danielle Jordan. Last Updated 8th October 2024. Potholes are sadly a common feature on some UK roads. Parliamentary research projects that £500 million pounds will be needed to be allocated to local authorities to fix potholes in 2024/2025. This excludes London.

The potholes on the roads can present a danger to pedestrians, cyclists and even cars going over them. This guide about how to make a pothole injury claim will aim to answer any questions you may have about bringing a case for damages.

To be able to claim compensation successfully, you must be able to show negligence from a third party, such as a local council. We will discuss the circumstances when you can claim for pothole damage as well as the evidence needed to support your case. As the question of compensation is likely to be on your mind, we will also tell you how damages are calculated in this type of case.

Finally, we demonstrate how one of our experienced personal injury solicitors can help you by potentially offering you a type of No Win No Fee agreement. They have years of dedicated experience handling pothole claims.

You can reach out to one of our advisors by:

A pothole in the road

Select A Section:

  1. Can I Make A Pothole Injury Claim And Who Will It Be Made Against?
  2. Evidence That Can Support A Claim For A Pothole Injury
  3. Examples Of When You Can Make A Pothole Injury Claim
  4. Pothole Compensation Payouts For Injuries
  5. Pothole Claims For Injuries With A No Win No Fee Solicitor
  6. Learn More About Personal Injury Claims

You can also watch our video below which explains the key takeaways from our guide:

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Can I Make A Pothole Injury Claim And Who Will It Be Made Against?

A claim for pothole damage is made against whoever has responsibility for the road. Under the Highways Act 1980, those responsible for a road are required to ensure the road is safe for normal traffic. This includes the repair of potholes.

Another relevant piece of legislation is the Occupiers Liability Act 1957. Under this act, the occupier of a public place has a duty of care to take steps to ensure the reasonable safety of all visitors to that premises.

You could sue the council for pothole damage if the accident occurred on a local road. However, major roads, such as motorways, duel carriageways and certain A roads, are the responsibility of Highways England. If your accident occurred in a business car park, then your pothole accident claim would be made against the business if they had responsibility for the car park.

To have an eligible personal injury claim following a pothole accident, you will need to prove:

  • You were owed a duty of care.
  • This duty was breached.
  • You suffered an injury as a result of this breach.

To learn more about who your compensation for pothole damage claim could be made against, or for a free assessment of your eligibility, contact our advisory team today.

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How Long Do I Have To Make A Pothole Injury Claim?

When making a pothole claim, it’s important to take action within the time limit set out in the Limitation Act 1980. Typically, you should bring forward a personal injury claim within three years of the date of your accident. However, there are exceptions to the time limit.

Minors injured in an accident involving a pothole have three years from their 18th birthday to start a claim. If they seek compensation before turning 18 years of age, a litigation friend may take action on their behalf.

A litigation friend may also begin a claim on behalf of someone who lacks the mental capacity to make their own claim. In these circumstances, the time limit is suspended unless the claimant ever regains the required mental capacity to start a claim.

If you have any additional questions about the limitation period for beginning pothole compensation claims, our advisors are available 24/7 and can speak to you free of charge.

Evidence That Can Support A Claim For A Pothole Injury

To make a valid pothole claim, you’ll need to prove that negligence occurred. Gathering sufficient evidence could help support your claim, as it could prove who was liable for your injuries and their severity.

Examples of evidence you may be able to gather when claiming pothole damage from a council includes:

  • Medical reports that confirm the injuries you suffered in your pothole accident and the treatment you’ve received for them.
  • Photographs that show the accident scene and the condition of the road it took place on (including the pothole or potholes that were a factor in the incident).
  • Any video footage available of the accident, such as CCTV footage or dashcam footage.
  • The contact details of any witnesses who may be able to provide a written statement.

If a solicitor is helping you with your claim, they could assist you with gathering evidence.

Contact our advisors today to see whether you claim for pothole damage that caused your injuries. Additionally, they may also connect you with one of our solicitors who could assist you with your case.

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Examples Of When You Can Make A Pothole Injury Claim

There are a few different situations that could result in suffering an injury as the result of a pothole.

Here are a few examples of accidents that a pothole could cause:

  • Cycling accident. You could suffer a broken bone after falling off your bike due to an unrepaired pothole. If the organisation was aware of the pothole and failed to repair it within a timely manner, you could be eligible to make a pothole injury claim.
  • Pedestrian accident. You could suffer a sprain or fracture if you trip over a pothole. If the organisation responsible for the road surface fails to repair a pothole in a timely manner and this results in an injury, you might be eligible for personal injury compensation.
  • Car crash. If you drive over a pothole, you could lose control of your vehicle and crash into a tree. You could suffer facial injuries, such as a broken nose. If you can prove that your accident was caused by the occupier breaching their duty of care, you may be able to make a personal injury claim.

Please direct any questions about pothole claims to one of our advisors.

Pothole Compensation Payouts For Injuries

If you make a successful pothole injury claim, you will receive general damages. This is the first of two potential heads of claim, and it covers the injuries you suffered because of the pothole damage, as well as loss of amenity.

For example, you might suffer a severe neck injury after hitting a pothole. Under general damages, you could claim compensation for the pain and suffering caused by the neck injury, as well as loss of enjoyment of things like hobbies.

This head of pothole claims is usually valued with help from the Judicial College Guidelines (JCG). Professionals refer to this document because it contains guideline compensation amounts for different mental and physical injuries.

In the table below, you can see some examples of these guidelines as they may relate to compensation for pothole damage. Please note that the first entry hasn’t been taken from the JCG.

Type of InjurySeverityAmount
Multiple Very Severe Injuries With Additional Special DamagesVery SevereUp to £1,000,000+
ParalysisQuadriplegia£396,140 to £493,000
Paraplagia£267,340 to £346,890
Brain DamageVery Severe Brain Damage (a)(i)£344,150 to £493,000
Moderate Brain Damage (c)(i)£183,190 to £267,340
Minor Brain or Head Injury (e)£2,690 to £15,580
Neck InjuriesSevere (a)(i)In the region of
£181,020
Minor (c)(i)£5,310 to £79,630
Leg InjuriesModerate (b)(iv)£33,880 to £47,840
Less Serious (c)(ii)£11,120 to £17,180
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What Are Special Damages?

When claiming for pothole damage, you could also get compensation for your financial losses. Compensation under this heading could help you cover the cost of:

  • Lost earnings.
  • Mobility aids.
  • Home adjustments.
  • Prescriptions.
  • Travel to and from appointments.
  • Childcare.
  • Help with cooking and cleaning.

Providing evidence of these financial losses with documents such as invoices and bank statements could help you with claiming special damages.

Learn more about compensation in pothole claims by getting in touch with a member of our team today. Or, keep reading to get more information on the personal injury claims process.

Pothole Claims For Injuries With A No Win No Fee Solicitor

If you are eligible to seek personal injury compensation, you may wish to have legal representation during the claims process. If so, one of our personal injury solicitors could support your case. They usually provide their services under the terms of a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement.

If your solicitor works under a CFA, they generally won’t charge you any upfront or ongoing fees towards their services. They also won’t take a payment for their work on your pothole injury claim if you’re not awarded compensation following an unsuccessful case.

However, if your claim outcome is positive, your solicitor will deduct a success fee from your settlement. This amount is a percentage that is subject to a legal cap.

If you have any questions about pothole claims, one of the advisors from our team could help. All the advice they give is free. Additionally, you can have a free eligibility check, and if you meet the criteria, you could be connected with one of our solicitors.

A solicitor explains a pothole injury claim to a client.

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Thanks for reading our pothole accident claims guide. To learn more about making a pothole claim, contact our team for free legal advice using the details above.