In this guide, you will find information on pothole accident claims. You may be eligible to start a personal injury claim after sustaining an injury in a pothole accident because the duty of care owed to you to ensure your reasonable safety was breached. We will discuss the eligibility criteria in this guide to clarify when you may be able to claim compensation.
Pothole Accident Claims Explained
We will look at who is responsible for maintaining public places, including the roads, and how an accident could occur if they fail to do so.
We will also explore the types of injuries that could be caused by pothole accidents and the possible compensation you could potentially receive from pothole claims.
This guide concludes with an overview of the advantages to you as a claimant of working with a solicitor who offers a specific type of No Win No Fee agreement.
Our advisers can address any queries or concerns you may have about the personal injury claims process. In just one phone call, we can tell you if you’re able to claim compensation. You can reach us via:
- Telephone on 0161 696 9685
- Our ‘contact us‘ form
- The live chat feature on this page
Read on to learn more about making a pothole accident claim.
Select A Section
- Who Can Make Pothole Accident Claims?
- Types Of Pothole Accidents And Injuries
- What Evidence Could Be Used In A Pothole Accident Claim?
- Payouts In Pothole Accident Claims
- Contact Our Team About No Win No Fee Pothole Accident Claims
- Find Out More About Claiming For A Pothole Accident
Who Can Make Pothole Accident Claims?
When a paved surface cracks, water can get in via these fissures. The continual expansion and contraction of this water underneath the paved surface as the air temperature changes, weakens the road surface. As vehicles pass over this weakened area, the road surface is worn away, leaving a pothole. Potholes can be a hazard to the drivers of vehicles and pedestrians alike.
Successful pothole injury claims revolve around being able to prove that your injuries were caused by third-party negligence. You would only be able to make a compensation claim if you can that negligence caused your injuries. This means that:
- A duty of care was owed to you by a third party.
- The duty owed to you was breached by that party.
- This breach has caused your injuries.
Under the Occupiers’ Liability Act 1957 and the Highways Act 1980, a duty of care is placed on the party with a responsibility to maintain the highway network. As such, they need to ensure they are reasonably safe for public use. If there has been a failure to uphold this duty, and this caused you harm, it may be possible for you to make a public liability claim.
Therefore, if, for instance, you’ve been injured by a pothole, you may be able to claim against the local council as they may be the third party liable for the upkeep of roads in that area. The third party you would claim against depends on where the accident happened. To learn more about making a pothole compensation claim, please contact us for free using the above details.
What Are The Pothole Accident Claim Time Limits?
Pothole accident claims are subject to the time limits set out in the Limitation Act 1980. As a general rule, the time limit for starting a personal injury claim is 3 years from the date the accident occurred. However, there can be exceptions to this limit, and in those cases, extensions can be granted.
For example, if you suffer an injury as a child, the time limit for making a pothole accident claim changes. In this instance, you would have three years from the date of your eighteenth birthday to claim. If you don’t want to wait until that day, you can still claim compensation by using a litigation friend.
Furthermore, someone who lacks the mental capacity to claim can also use a litigation friend to make a pothole injury claim. There would not be a time limit for them to claim unless they regained mental capacity. If they did, they would then have three years from the date they regained capacity to make a pothole accident claim.
If you are unsure as to whether your particular claim is eligible for an extension, you can contact our team of advisers using the details above to find out more about the time limit.
Types of Pothole Accidents And Injuries
Different types of accidents could occur due to a pothole. For example, a driver could swerve to avoid a pothole, causing them to lose control of their vehicle. Alternatively, they could break just before a pothole, causing another vehicle to go into the back of them. Potholes could cause damage to a vehicle, as well as causing injury to the road user involved in an accident.
Some examples of injuries that can be sustained in a pothole accident could include:
- Injuries to the joints, such as ankles, knees and elbows.
- A back injury, such as a lumbar disc fracture.
- Soft tissue damage of ligaments and tendons.
- Injuries to the face such as bone fractures or cuts and lacerations.
Potholes could also cause a pedestrian to injure themselves in a slip, trip or fall. As an example, you cross the road and trip on a pothole that has formed in a zebra crossing, sustaining an ankle injury. This type of accident could also lead you to experience a wrist injury, head injury or arm injury.
In successful pothole injury claims, you can receive compensation to address the negative impact your injuries have had on your life. You can continue reading to learn more about how settlements are calculated.
Alternatively, please speak with an adviser on the number above to discuss your circumstances to learn whether you’re able to claim against local authorities and make a pothole injury claim.
How Deep Does A Pothole Have To Be In Order To Claim?
As previously stated, to make a personal injury claim, you need to prove that your injury was caused by third-party negligence. As a rule, to make a pothole claim, the hole found in the road needs to be at least 1 inch (40mm) deep for it to be a pothole. Anything smaller than that, you most likely wouldn’t be able to make a pothole accident claim.
To show the depth of the pothole, you could take a photograph where you use a ruler to show how deep or large the pothole is. Alternatively, you could take a photograph of an object next to the pothole to give it a sense of scale.
To learn more about making a pothole claim, please contact us for free using the above details.
Can you make a pothole injury claim?
What Evidence Could Be Used In A Pothole Accident Claim?
To support your pothole injury claim, you need to provide evidence. A strong body of evidence can illustrate that a third party breached their duty of care and that this subsequently led to you sustaining an injury. You can likewise highlight the physical and psychological extent of your injuries through the provision of evidence.
Some examples of supporting evidence that can be used in a pothole injury claim include:
- Take photos of the pothole to show the cause of the accident. You can also photograph your injuries.
- Keep a diary during treatment detailing your symptoms, what treatment you received and the effects this had on your physical and mental well-being.
- You can acquire copies of your scans, test results or other medical records following treatment for your injuries.
- Many public places have CCTV cameras, so you can request a copy of this footage.
- Collect the contact information of any potential witnesses so their statements can be taken later on as part of the claims process.
- Report the accident to the local authorities or the third party that is responsible for the area where the accident happened. Their response could be important evidence when seeking pothole compensation.
This list of possible evidence you could collect to support your claim is non-exhaustive. If you are struggling with building your case, or are unsure of the steps that you may need to take as part of the claims process, you can contact our advisers. They can discuss the possibility of having a solicitor from our panel assist you in making your pothole injury claim.
Payouts In Pothole Accident Claims
In the event of a successful claim, you will receive personal injury compensation for the physical and emotional impact of your injuries under general damages. This is one of the heads of claim that can make up your compensation settlement.
How much compensation you receive for your injuries depends on factors such as:
- The extent of your injuries
- Whether you have suffered multiple injuries or not
- Your treatment plan and whether any of the injuries are permanent
- The extent to which the injuries have negatively impacted your life.
We have taken the information in the table below from the Judicial College Guidelines, a document that contains guideline compensation amounts for different injuries. Solicitors can use these figures to help them value the personal injuries caused by accidents.
However, personal injury compensation is calculated on an individual basis, therefore, this information has been provided as a guide only.
| Injury | Severity | Description | Amount - Guideline |
|---|---|---|---|
| Arm Injuries | (a) Severe | A serious brachial plexus injury that leaves the person little better off than if they had completely lost the arm. | £96,160 to £130,930 |
| Arm Injuries | (b) Permanent And Substantial Disablement | Both or one forearm is seriously fractured. This causes a significant and permanent disability, either functionally or cosmetically. | £39,170 to £59,860 |
| Back Injuries | (a) Severe (iii) | Cases involving disc lesions or fractures or soft tissue injuries leading to chronic conditions. | £38,780 to £69,730 |
| Elbow Injuries | (b) Less Severe | Injuries causing impairment of function but not involving significant disability or major surgery. | £15,650 to £32,010 |
| Elbow Injuries | (c) Moderate Or Minor | Injuries, such as simple fractures or lacerations where no permanent damage or impaired function is caused. | Up to £12,590 |
| Wrist Injuries | (c) Less Severe | Injuries with some permanent disability such as persisting pain and stiffness. | £12,590 to £24,500 |
| Knee Injuries | (a) Severe (iii) | Injuries resulting in a less severe disability causing continuing symptoms of pain, discomfort and limitation of movement with risk of degenerative changes. | £26,190 to £43,460 |
| Knee Injuries | (b) Moderate (i) | Minor instability, wasting, or other mild future disability from injuries such as dislocation or cartilage tears. | £14,840 to £26,190 |
| Ankle | (b) Severe | Injuries needing extensive treatment period and/or lengthy period in plaster. Significant residual disability in the form of instability and severely limited walking ability. | £31,310 to £50,060 |
| Ankle | (d) Modest | Less serious, minor or undisplaced fractures, sprains and ligamentous injuries. | Up to £13,740 |
Special Damages
Special damages can compensate for the financial losses your injuries have caused you. This is the other head of claim that could make up your settlement. So if you have incurred travel expenses or childcare costs, experienced a loss of earnings or future income or any other financial loss because of your injuries, you could claim them back as part of your personal injury compensation.
Evidence that you could use to help claim compensation for special damages includes receipts, invoices, payslips and bank statements. You would only be able to receive special damages compensation in pothole injury claims if you can prove that your injury was caused by negligence.
For more information about how redress is calculated for a pothole compensation claim, please speak with an adviser for free on the number above.
Contact Our Team About No Win No Fee Pothole Accident Claims
Our advisers can assess the validity of your claim. If they believe you have a good chance of success, they can connect you with a personal injury solicitor from our panel, who can offer to take your claim under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA).
Personal injury claims can be very expensive to do which is why it could put some people off claiming. However, No Win No Fee claims can be a financially beneficial method of claiming for pothole injuries.
With these claims, there are no upfront fees for the solicitor’s services, and you will also not have to pay any legal fees as your claim progresses. If your claim does not succeed, you do not have to pay any fees for the solicitor’s work on your case.
Upon the success of your claim, the solicitor will be able to deduct a percentage as their success fee from your compensation. The proportion of this success fee is agreed upon before you begin using your solicitor’s services, meaning they will only take a certain amount of your pothole compensation. It is also legally capped.
If you have any questions about No Win No Fee agreements, or if you want to know if you can claim pothole compensation, contact us for free via:
- Telephone on 0161 696 9685
- Our ‘contact us‘ form
- The live chat feature
Find Out More About Claiming For A Pothole Accident
The related guides below can provide you with more information about pothole claims:
- Read more about making a public liability claim for an accident in a garden.
- Learn about the other circumstances for which you could make a pothole claim.
- Find out how much compensation you could claim for a head injury.
- Learn more about what a motor vehicle injury claim is.
- Read about when you claim for falling in the street.
- Can you claim for tripping on the pavement?
- Learn how much pedestrian injury compensation you could receive.
For more resources:
- NHS – Head injury and concussion
- GOV – Report a pothole
Thanks for reading our guide on pothole accident claims. For more information, you can read our other guides. Alternatively, you can contact our advisers, who will be happy to address any questions you may have.
Written by HC
Edited by MMI