Has a pothole caused you any physical harm or financial losses? If so, you may be eligible to issue a compensation claim with the help of our panel. This guide will explain everything you need to know about how to sue the council for pothole damage.
Key Takeaways For Pothole Damage Claims
- The local authority is usually responsible for road maintenance.
- You could claim for an injury a pothole has caused you if your case meets certain criteria.
- You could claim compensation for the physical, psychological and financial harm you have suffered.
- Generally, you have three years to begin a personal injury claim.
- A No Win No Fee solicitor from our panel could help you claim compensation.
To sue the council for pothole damage, contact our advisors today:
- Visit our contact page
- Call our advisors: 0800 408 7827
- Speak to our advisors on our live chat
Jump To A Section
- How To Sue The Local Council For Pothole Damage
- What Are The Council’s Responsibilities For Potholes?
- Can I Sue For Pothole Damage To My Car?
- What Kind Of Injuries Can A Pothole Cause?
- How Much Compensation Could I Get For Pothole Injuries?
- Can I Sue The Local Council For Pothole Damage On A No Win No Fee Basis?
- Learn More About Personal Injury Claims
How To Sue The Local Council For Pothole Damage
A pothole is a depression in the surface of a road. They occur over time due to vehicles on the roads and bad weather. If potholes are left unmaintained or unmarked, they can cause significant damage to all road users.
Under the Highways Act 1980, the council has a duty of care to ensure that all public roads and pavements are maintained. This is their duty of care.
To be able to sue the council for pothole damage, you would need to prove:
- You were owed a duty of care.
- This duty was breached.
- You suffered injuries due to this breach.
For example, a series of potholes may have been reported to the council, but they have failed to address this hazard. You may be driving along this road at night, unaware the potholes are there. This may cause your car to dip resulting in your broken nose after hitting your stirring wheel. As the council failed to maintain the safety of the road, you may be eligible to claim compensation as they breached their duty of care.
However, some roads are privately owned, such as carparks or roads on private property. In these cases, the party in control of that space has a duty of care under the Occupier’s Liability Act 1957 to ensure the reasonable safety of those visiting that space. If you were injured while using a private road, your claim would be made against the party in control of this space.
Can I Claim For Whiplash Caused By A Pothole?
Whiplash is a common injury that potholes could cause. However, with the introduction of the Whiplash Reform Programme, the ways claims are made for whiplash has now changed in England and Wales. If your case meets the following criteria, your claim will now be made via a different avenue:
- You must have been injured as either a passenger or driver of a vehicle.
- You must be aged eighteen or over.
- The injuries you sustained must be worth £5,000 or less, such as whiplash.
If you are issuing a claim for whiplash, your injuries will be valued against the fixed tariff in the Whiplash Injury Regulations 2021. Any additional injuries suffered will be valued traditionally. You will also make your claim via the traditional route if these additional injuries bring the overall value of your claim over £5,000. However, your whiplash injuries will still be valued using the fixed whiplash tariff.
To see which avenue you should take when making your claim, you can contact our advisors.
What Are The Council’s Responsibilities For Potholes?
Under the Highways Act 1980, the council has a duty to maintain all roads and ensure they are safe for road users. They, therefore, have a duty to complete road inspections and repair any defects in the roads they discover or are reported to them in a timely manner to ensure they are safe. However, the council only has a duty to repair potholes on the roads they are in control of.
If the council failed to maintain a pothole in a road and you became injured, contact our advisors today to see whether you may be able to make a claim.
Can I Sue For Pothole Damage To My Car?
You may be eligible to sue the council for pothole damage to your car. However, this would be part of your personal injury claim. As such, you must have also sustained an injury to claim compensation for your car damage.
It is possible for potholes to cause damage to your car. Some examples of this include:
- Suspension damage
- Wheel damage
- Alignment problems
- Damage to body panels
- Damage to the exhaust
To claim for damage to your car, you must provide evidence that this was caused by the pothole that the council had a duty to fix. Some examples of evidence include:
- CCTV footage
- Dashcam footage
- Accident report (this may have been written by the police, paramedics etc.)
- Contact information of anyone who witnessed your accident.
- Photographs of the car damage.
- Photgraphs of the pothole (you could also have a tape measure included to show the extent of the pothole).
- Any proof that the pothole had been reported to the council.
A solicitor from our panel could help you with gathering this evidence. Contact our advisors today to learn more.
What Kind Of Injuries Can A Pothole Cause?
Potholes are hazardous and may cause many types of road traffic accidents, potentially causing harm to all road users.
Here are some examples of the type of injuries that potholes could cause:
- Head injuries, such as concussion if you were to hit your head.
- Whiplash
- Breaks or fractures, such as a broken foot.
- Soft tissue injuries.
- Spinal injuries and other back injuries.
- Strains and sprains.
If a pothole has caused you to sustain injuries, contact one of our advisors today to see if you could sue the council for pothole damage.
How Much Compensation Could I Get For Pothole Injuries?
Have you suffered either physically or financially because of a pothole? If so, you may be compensated for this with general and special damages.
You will always be awarded general damages in your personal injury compensation claim if it is successful. With this, you will be compensated for the injuries you sustained and any psychological suffering you encountered due to the accident. Those calculating your general damages may refer to the Judicial College Guidelines (JCG).
The JCG is an official document presenting guideline compensation figures for particular injuries. We have used some of the entries listed within the JCG for the table below, except for the first entry.
Injury ` Severity Compensation
Multiple Severe Injuries With Special Damages Severe Up to £500,000+
Brain Damage Moderate (ii) £110,720 to £183,190
Back Injuries Severe (ii) £90,510 to £107,910
Neck Injuries Severe (ii) £80,240 to £159,770
Severe Leg Injuries (iii) Serious £47,840 to £66,920
Pelvis And Hip Injuries Moderate (i) £32,450 to £47,810
Arm Injury Less Severe £23,430 to £47,810
Skeletal Injuries Fractures of Nose or Nasal Complex (i) £12,450 to £19,260
Whiplash Tariff Whiplash lasting more than 18 months, but not more than 24 months with psychological injuries £4,345
Whiplash lasting more than 18 months, but not more than 24 months £4,215
Can Pothole Injury Compensation Cover Financial Losses?
You may also be awarded special damages. With this, you may be compensated for any financial losses you incurred as a result of your accident. This award may consist of losses towards:
- Your income
- Any work benefits you may have received such as paid holiday, bonuses etc.
- Any payments you made for medical treatment.
- Any payments you made for travelling to places you would not have travelled to but for your accident.
- Special equipment you purchased e.g. walking frames, prosthetics etc.
- Any adjustments you made to your home e.g. stairlift, ramps etc.
If you are claiming special damages, you must provide evidence of the financial losses you incurred. Some examples include:
- Pay slips
- Bank statements
- Medical Bills
- Receipts
To claim compensation for injuries and losses caused by a pothole, contact one of our advisors today.
Can I Sue The Local Council For Pothole Damage On A No Win No Fee Basis?
If you have been injured due to a pothole a solicitor from our panel could help you sue the council for pothole damage, provided you have a valid case.
Our panel are experts in personal injury claims and can use their specialist skills to support your compensation claim. Further, they can take you through the claim process, explain key terms and support you with finding evidence.
Our panel works on a No Win No Fee basis. Therefore, you may issue your claim through a Conditional Fee Agreement (CFA). There are many benefits to claiming through a CFA such as:
- You pay no upfront or ongoing costs for their services.
- If your case is successful, a legally capped percentage of your compensation will be paid to your solicitor as their success fee.
- If your case is unsuccessful, you are not required to pay for your solicitor’s work.
Contact Us To Get Started
To see how we could help you with making a personal injury claim today, you can contact our advisors:
- Go to our contact page
- Give our advisors a call: 0800 408 7827
- Chat with our advisors on our live chat
Learn More About How To Sue For A Personal Injury
For more information on personal injury claims, visit the links below:
- Find out more about personal injury claims
- Find out more about the personal injury claims process
- Information on how to claim for multiple injuries in a personal injury claim
References:
- Information on how to report a pothole, issued by GOV.UK
- Information about statutory sick pay, issued by GOV.UK
- How to access urgent care after an accident, issued by NHS
We hope you enjoyed reading this guide on how to sue the council for pothole damage.