Pothole accidents can result in a range of injuries and property damage, whether you are a driver, cyclist, pedestrian or passenger. If you’ve been injured in such an incident through no fault of your own, you may be entitled to make a pothole injury claim for compensation. To find out if you have a valid case and to learn more about the process of claiming, please read on and see if you can start your compensation journey today.
Five Key Takeaways From This Guide:
- You may be eligible to claim compensation if you sustained injuries in a pothole accident through no fault of your own.
- A wide range of injuries, from whiplash to fractures, can be caused by pothole accidents affecting drivers, passengers, cyclists, and pedestrians.
- Public liability claims can include compensation for your pain and suffering (both physical and psychological), as well as for the financial impact of the injuries, such as vehicle repairs or lost income.
- Strong evidence, including photographs and medical records, is crucial to proving liability and the extent of your injuries.
- If eligible, a solicitor from our panel can support you throughout the process on a No Win No Fee basis.
At Legal Helpline, we work with a panel of solicitors who specialise in assisting claimants who have suffered due to the negligent actions of others. If a pothole caused your injury and it resulted from a failure to maintain the road, you may be eligible to seek compensation. Find out for free today:
- Call 0333 000 0729
- Fill out our ‘Contact Us‘ form.
- Send a message in our on-screen live chat box.
Jump To A Section
- How To Make Pothole Accident Claims
- Common Causes Of Pothole Injury Claims
- How Much Pothole Damage Compensation Could Be Awarded?
- What Else Can Pothole Claim Compensation Cover?
- Who Is Responsible For The Maintenance Of Potholes?
- The Injuries That Could Be Sustained After A Pothole Accident
- How Can I Prove The Damage Caused By A Pothole?
- How Long Will I Have To Make A Pothole Compensation Claim?
- Starting A Pothole Claim With Legal Helpline
- Learn More
How To Make Pothole Accident Claims
In order to make pothole accident claims, the following eligibility criteria must be met:
- You were owed a duty of care.
- The responsible third party breached this duty.
- The breach of duty directly caused you to sustain an injury.
A duty of care is the responsibility that a third party has towards the safety of others. In the context of pothole accidents, that obligation falls on the party responsible for the road, usually a local council or highway authority. That duty of care is governed by various pieces of legislation, which we’ll discuss in-depth later on in this guide.
Are you unsure if you have an eligible pothole injury claim? Our advisors at Legal Helpline can assess your case at no cost, so please call now or use our live chat to get started.
Common Causes of Pothole Injury Claims
There are many common causes of pothole injury claims. Below are some illustrative examples of how personal injuries can occur in different types of road traffic accidents, each involving breaches of duty of care:
Pothole Claims As A Driver Of A Vehicle
- Whiplash from a violent jolt: The council had received multiple public reports via its online portal about a deep pothole on a well-used commuter road. Despite this, it failed to inspect or repair the defect for over 6 weeks. You drove over it, and the sudden impact caused a neck injury as your head snapped back into the headrest.
- Loss of control and collision: A pothole had been identified during a scheduled inspection by the highways team, but due to internal administrative delays, no action was taken in a timely manner. You hit the pothole, which caused a sharp pull of the steering wheel. You lost control and crashed, suffering shoulder and back injuries.
Passenger Pothole Claims
- Concussion from impact: While travelling as a rear-seat passenger, the vehicle you were in struck a large pothole that had been previously marked for repair by retail park management but was not cordoned off or signposted in any way. The force caused you to hit your head on the window, leading to a mild concussion.
- Fractured ankle from crash impact: Maintenance records showed that a pothole had worsened progressively over 3 months but was still marked as “non-urgent.” Your vehicle hit it and veered off the road, injuring your ankle as you braced for the crash.
Claiming For Pothole Accidents As A Cyclist
- Thrown from bike due to deep cavity: A pothole had been filled previously but inadequately repaired. Over time, the repair material deteriorated, creating a hidden hazard that supermarket management was well aware of. You cycled over it during a rainy morning, your wheel dropped into the pothole, and you were thrown from your bike, dislocating your shoulder.
- Wheel damage and fall caused by a known defect: Multiple cyclists had reported a large pothole in a popular biking lane, but their complaints were ignored despite the work of the local campaign group. Instead, the council cited budget constraints as the reason for their protracted failure to act. You rode into the defect, your front wheel buckled, and you were thrown off balance, breaking your wrist.
Pedestrian Pothole Injury Claims
- Trip injury on poorly lit pathway: A large pothole had developed on a residential footpath outside a school, which local residents had repeatedly complained about. However, due to communication failures between departments, no maintenance was scheduled. While walking in low light, you tripped and broke your ankle.
- Fall due to obstruction and uneven surface: A pothole on a busy high street had become filled with loose gravel and debris. The local authority’s cleaning contractor had failed to report the obstruction during routine checks. You caught your foot on the uneven surface and suffered a fractured wrist when you fell.
Whether or not you see an example similar to your experience, please reach out to see if our advisory team can assist you in getting started with your claim. There’s nothing to lose from contacting them, so feel free to share your personal circumstances and find out whether you can claim today.
How Much Pothole Damage Compensation Could Be Awarded?
The value of a pothole injury claim can vary significantly depending on the circumstances of the case. Compensation for personal injuries is typically divided into two parts:
- General damages: Covers the psychological and physical pain and suffering caused by your pothole injury.
- Special damages: Reimburses the financial losses that have resulted from your pothole injury.
To help calculate general damages, solicitors often refer to the Judicial College Guidelines (JCG) because this document publishes suggested compensation brackets for different types of injuries. Factors that can influence the value of general damages include:
- The severity of the injury.
- How long your symptoms last (recovery time).
- Whether you suffer any long-term effects, such as a disability or reduced mobility.
- The impact on your daily life, work, or hobbies.
- Whether surgery or invasive treatment is required.
- The psychological effects of the injury.
The rows in the table below (except for the top) have been taken from the most recent edition of the JCG. Every pothole injury claim is unique, though, which is why the following brackets should not be treated as a guarantee of compensation.
| Injury type | Injury severity | Compensation guidelines | Notes |
|---|---|---|---|
| Multiple severe injuries with special damages | Severe | Up to £500,000+ | Compensation for more than one severe injury with financial losses, such as property damage and loss of earnings |
| Neck | Severe (i) | In the Region of £181,020 | Cases include permanent spastic quadriparesis or incomplete paraplegia |
| Moderate (ii) | £16,770 to £30,500 | Bracket includes instances of soft tissue injuries that leads to issues like cervical spondylosis, recurring pain that is permanent, and discomfort or stiffness | |
| Ankle | Very severe | £61,090 to £85,070 | Bracket features injuries like transmalleolar fractures, accompanied by soft tissue damage that is extensive. That causes deformity and the risk that a leg injury in future may require a below-knee amputation |
| Modest | Up to £16,770 | Less serious, undisplaced, or minor fractures, sprains, and ligamentous injuries. Compensation is determined by factors such as whether there is scarring, movement loss, or the risk of osteoarthritis in the long term | |
| Wrist | Complete loss of function (a) | £58,710 to £73,050 | For instance, where an arthrodesis has been performed |
| Less severe (c) | £15,370 to £29,900 | Cases where there is some degree of permanent disability, such as persisting stiffness and pain | |
| Shoulder | Severe | £23,430 to £58,610 | Bracket is often connected with a neck injury featuring damage to the brachial plexus that leads to significant disability |
| Moderate | £9,630 to £15,580 | Includes cases of soft tissue injuries with symptoms that are more than minimal. These symptoms last over 2 years but are not permanent |
How Might The Whiplash Tariffs Apply?
If you’re making a pothole injury claim, whiplash tariffs may apply due to recent changes. The Whiplash Reform Programme has altered how certain claims are handled in England and Wales if the following factors apply:
- You were injured while travelling as a driver or passenger in a motor vehicle.
- You are 18 or older.
- Your injuries are valued at £5,000 or less.
Where these criteria are met, whiplash injuries are valued using a fixed compensation tariff set out in the Whiplash Injury Regulations 2021. These tariffs are set amounts, and unlike traditional claims, they do not consider broader factors such as the impact on your lifestyle.
Here are the highest tariffs currently set out in the regulations:
| Injury type | Whiplash severity | Tariff |
|---|---|---|
| Whiplash plus psychological harm | Lasting between 18-24 months | £4,345 |
| Lasting between 15-18 months | £3,700 | |
| Lasting between 12-15 months | £2,725 | |
| Lasting between 9-12 months | £1,390 | |
| Whiplash | Lasting between 18-24 months | £4,215 |
| Lasting between 15-18 months | £3,005 | |
| Lasting between 12-15 months | £2,040 | |
| Lasting between 9-12 months | £1,320 |
If you’ve also suffered additional injuries not covered by the tariff, such as a broken finger or sprained wrist, those will be assessed separately under the traditional method. If the overall value of your claim exceeds £5,000, your claim may be handled through the standard route, but the fixed whiplash tariffs would still apply to that portion of your injuries.
Not sure which process your claim falls under? Contact our team of advisors today for tailored guidance and see what the best route for your compensation claim might be.
What Else Can Pothole Claim Compensation Cover?
Pothole claim compensation can also cover the financial impact of your injuries, covered under special damages. Since an injury has the potential to lead to many out-of-pocket expenses, special damages can form a significant portion of your overall claim, especially if you’ve lost earnings, had property damaged, or been left needing long-term support.
Examples of costs special damages may cover include:
- Medical expenses, such as physiotherapy, prescriptions, or private treatment.
- Loss of earnings if you’ve had to take time off work.
- Travel costs for hospital visits or to attend medical appointments.
- Vehicle damage or repairs, including steering alignment or tyre replacement.
- Bicycle or personal property repairs or replacements.
- Cost of care, including assistance with day-to-day tasks during your recovery.
- Mobility aids or home adaptations to accommodate any disability you now have.
To be reimbursed, you will need to provide clear evidence of these losses. Depending on the losses you’re claiming, proof may include bank statements, invoices, and payslips. Without documentation, these expenses may not be covered by your compensation.
Let our advisors help you navigate the process of claiming for special damages so you can ensure nothing is missed. Call now for free, no-obligation advice tailored to your unique circumstances.
Who Is Responsible For The Maintenance Of Potholes?
Responsibility for maintaining public roads, footpaths, and pavements typically lies with the relevant local authority or council, as per their duty of care under the Highways Act 1980. Under the Highways Act 1980, that duty is to ensure roads and pavements are passable for normal use by ordinary traffic. A council might breach its duty of care if it fails, for instance, to regularly inspect highways or rectify known defects, such as potholes, in a timely manner.
Additionally, the Occupiers’ Liability Act 1957 imposes a duty of care on those in control of public places. These occupiers may include hotels and restaurants, which must take practical steps to ensure that visitors are reasonably safe.
Those measures might include:
- Carrying out routine inspections.
- Repairing identified defects within a reasonable timeframe.
- Responding to reports or complaints about road hazards.
- Signposting or cordoning off known dangers where appropriate.
However, liability will depend on whether the responsible party was aware of the defect or reasonably should have been aware of it and failed to act accordingly in a timely manner.
In certain cases, it may be unclear who is ultimately liable for an individual’s injuries. For instance, if a utility company has recently carried out maintenance or installation works and left the road in an unsafe condition, liability may rest with them, not the council. Once their work is completed, the utility provider is responsible for restoring the surface properly. If you’re unsure who owns the area where you were injured, the Land Registry may help identify the responsible party.
Our advisors are here to support you. Contact them today for free guidance and see if they can help determine who might be responsible for your pothole injury.
The Injuries That Could Be Sustained After A Pothole Accident
Pothole-related accidents can cause a wide range of injuries, including:
- Drivers: Whiplash, wrist fractures, soft tissue injuries.
- Passengers: Head trauma, lacerations, crush injuries.
- Pedestrians: Ankle sprains, broken wrists, hip fractures.
- Cyclists: Dislocated shoulders, concussion, knee injuries.
These injuries may require medical treatment and could lead to ongoing issues. Some may even result in long-term financial loss.
No matter what kind of injury you suffered, whether major or minor, you may have grounds to claim compensation if your case meets the eligibility criteria outlined earlier. Get in touch today for further information and have your experience assessed by one of our advisors in complete confidence.
How Can I Prove The Damage Caused By A Pothole?
To successfully prove any damage caused by a pothole, you must have clear evidence showing how your injuries resulted from someone breaching their duty of care. The strength of your evidence can significantly impact the outcome of your claim.
Helpful forms of evidence include:
- Photographs of the pothole, ideally showing its depth and location. Measurements of the pothole can be made using a ruler or tape measure.
- Photos of your injuries and any visible damage to your vehicle or property.
- Medical records detailing your diagnosis and treatment.
- Contact details from people who saw the accident happen. Witness statements could be collected by a solicitor at a later date in the claims process.
- Dashcam or CCTV footage, if available.
- Details of the location, including the road name and any identifiable landmarks.
- Evidence of prior complaints made to the council about the pothole.
- Repair invoices or vehicle inspection reports, showing damage and costs.
Our panel of solicitors have extensive experience helping collect supporting evidence on behalf of their clients. Whether you need assistance requesting local authority maintenance records or with obtaining CCTV footage, you can rest assured you’ll get the support you need from start to finish. Their goal is to make the personal injury claims process as stress-free as possible while building a strong case for compensation.
Would you like support with proving your pothole injury claim? Contact our advisors today to see if you can be connected with one of the solicitors from our expert panel.
How Long Will I Have To Make A Pothole Compensation Claim?
In most cases, you will have 3 years from the date of the accident to start a pothole compensation claim. This timeframe is in line with the Limitation Act 1980, but there are exceptions to this rule where that 3-year window is paused:
- Children under 18 cannot pursue a claim on their own. In these cases, a responsible adult, known as a litigation friend, can claim on the child’s behalf at any point before they turn 18. If no claim is made, the child then has 3 years from the date they come of age to bring a claim themselves, up to their 21st birthday.
- Adults who lack mental capacity are also unable to pursue compensation independently of litigation friends. Consequently, there is no time limit for starting a claim as long as the person remains incapacitated. However, if they later regain mental capacity, the 3-year limitation period would begin from the date they are considered capable of managing their own affairs.
A litigation friend is typically a parent, guardian, close relative, or solicitor who acts in the best interests of the person they represent. They are responsible for making decisions throughout the claims process and must be approved by the court to act in this role.
Not sure how much time you have left to claim? Speak with our advisory team today to see if you’re within the time limit or learn more about the role of a litigation friend.
Starting A Pothole Claim With Legal Helpline
Starting a pothole injury claim with Legal Helpline is simple and stress-free. When you contact our advisory team, you will get a free assessment of your case, together with a pressure-free discussion about your options. If you have a valid claim, they can connect you with a solicitor from our panel who specialises in pothole compensation claims. They have many years of combined experience handling all aspects of the claims process, allowing clients like you to focus on their recovery.
Our panel of solicitors offer a tailored service to all eligible claimants, ensuring every client can have peace of mind that their individual needs will be met from the outset. Here is just a small snapshot of the many advantages of working with one of them:
- Connecting you with specialists to aid your recovery journey, including psychologists and physiotherapists.
- Obtaining proof on your behalf and putting it together to create a strong body of evidence for your claim.
- Providing regular updates so you’re never left feeling unsure about your case.
- Handling correspondence with the defendant’s representatives and negotiating tirelessly to secure compensation.
These services (and many others) are offered under terms set out by a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement. In short, CFAs mean:
- There are no upfront solicitor fees, allowing you to begin your claim with confidence.
- There are zero ongoing solicitor fees as your case moves forward.
- There are no solicitor fees to pay at all if your claim is unsuccessful.
A success fee is only deducted from your compensation if you win, in order to pay your solicitor for all the work done on your case. Success fees are a capped percentage of your compensation and will be agreed upon before the claim begins.
Contact Us
Ready to claim pothole accident compensation? Contact our 24/7 team of advisors today and let them help you get started with making a pothole injury claim with confidence:
- Call 0333 0000 729
- Fill out our ‘Contact Us‘ form.
- Send a message in our on-screen live chat box.
Learn More
Here are some of our related guides to browse:
- Learn whether there is a pavement trip hazard height in the UK.
- Find out how to make a public park accident claim.
- Learn about public liability insurance.
Additionally, these other pages might provide you with useful information:
- National Highways – Read about the Red Claims policy maintained by the National Highways.
- Gov.UK – How to report a pothole.
- NHS – Know when to use 111.
If you’ve suffered an injury because of a pothole, you could be entitled to compensation. Start your pothole injury claim today and let our knowledgeable advisors guide you through the claims process.
