A Guide To Making A Pothole Claim

If you have driven over a pothole in the road, this may have not only caused damage to your vehicle but you may have suffered an injury due to this defect, such as a whiplash injury. In this instance, you may be wondering if you could make a pothole claim.

In the sections below, we will explain what a pothole is and when you could make a personal injury claim for accidents caused by this road defect. Additionally, we share what evidence could support your case and the different forms of compensation you could potentially be awarded following a successful claim.

The guide concludes with a thorough explanation of how one of the No Win No Fee solicitors could help you with your case and the benefits that come with claiming on a No Win No Fee basis.

Contact our advisors today to discuss your claim and obtain free advice:

A large pothole in the road filled with rain water.

Select A Section 

  1. What Is A Pothole?
  2. Can I Make A Pothole Claim?
  3. How To Sue For Pothole Damage
  4. How Much Compensation For Pothole Damage?
  5. Why Make A No Win No Fee Pothole Claim?
  6. Learn More About How To Make Personal Injury Claims

What Is A Pothole?

A pothole is a depression in the road surface where the tarmac has cracked and given way. They can be caused by groundwater and road traffic.

If a pothole is not repaired, over time, it can expand from a small crack in the road to a few feet wide.

A local authority did not repair a pothole that they were aware of, and this caused you to suffer an injury, you can contact our advisors to see whether you could make a pothole claim.

Can I Make A Pothole Claim?

The authority in charge of public roads has a duty to maintain them correctly, as stated within Section 41 of the Highways Act 1980. A local council or Highways England could owe this duty of care, for example.

Any roads that are privately maintained, such as roadways in car parks of supermarkets, may be the responsibility of the land occupier. They have a duty of care to ensure the reasonable safety of any visitors to their premises. This is set out within the Occupiers’ Liability Act 1957.

If one of these parties were aware of a pothole or other defect in the road and did not take any steps to rectify the issue within a timely manner, they could be considered as acting negligently.

To be able to make a pothole claim, you will need to prove:

  1. You were owed a duty of care by the party responsible for the maintenance of the road.
  2. This duty of care was breached, e.g. they failed to fix the pothole in a timely manner.
  3. Due to these negligent actions, you suffered an injury.

Can I Claim For Vehicle Damage Caused By A Pothole?

As part of your pothole claim, you may be able to claim compensation for any damage suffered to your vehicle due to the pothole. These damages could include:

  • Suspension damage, such as misalignment and broken ball joints.
  • Loose steering and other steering wheel problems.
  • Bent or cracked wheel rims.
  • Loss of tyre pressure, grip and punctures.

To be able to claim for any property damage as part of your personal injury claim, you must have also suffered an injury due to the pothole accident.

Contact our advisors today to discuss your case and receive free advice.

A car hitting a pothole in the road.

How To Sue For Pothole Damage

After deciding to start a pothole claim for personal injury, you need to pull together as much evidence as possible. This evidence needs to demonstrate that the authority in control of the road breached their duty of care and you suffered an injury. The following can be useful:

  • Any dashcam or CCTV camera footage showing your pothole car accident.
  • The contact details of other motorists or eyewitnesses who saw the pothole accident.
  • Medical documentation that proves you needed treatment for injuries because of the accident, such as back injury or spinal injury.
  • Photos of the pothole that illustrate its depth.
  • Evidence that proves the pothole had been reported prior to your accident taking place.

A solicitor on our panel could help you with gathering this evidence. Contact our advisors today to see whether you could be eligible to work with one of them.

A car about to drive over a pothole in the road.

How Much Compensation For Pothole Damage?

If your pothole claim for personal injury compensation is successful, you could receive an amount made up of two heads of loss. The main one is called general damages. This compensates the claimant for the actual physical harm and psychological injury created by the pothole collision.

To affix a value to general damages, the legal personnel involved will refer to medical records that prove the type and severity of injury suffered. In addition to this, they can refer to the Judicial College Guidelines (JCG). This contains guideline compensation amounts for various injuries.

We have compiled a brief excerpt from the JGC below. Please remember that these are guideline figures only and the first entry does not come from the JCG.

Compensation Award Guidelines

Area of InjurySeverityAward Guidelines
Multiple instances of severe injury and Special Damage awards for loss of earnings, care costs and medical bills.Severe Up to £500,000 plus.
Head/Brain Injury(a) Very Severe£344,150 to £493,000
Neck(a) Severe (i) In region of £181,020
Neck(b) Moderate (i) £30,500 to £46,970
Chest Injury(b) Permanent£80,240 to £122,850
Back (a) Severe (iii)£47,320 to £85,100
Ankle(b) Severe £38,210 to £61,090
Pelvis (b) Moderate (i) £32,450 to £47,810
Wrist (b) Permanent £29,900 to £47,810
Shoulder (b) Serious£15,580 to £23,430

The second head of loss for which you may qualify is special damages. These reimburse the claimant for the financial harm suffered because of the injuries. Documented evidence will always be required to prove any claim for special damages, such as:

  • Any wage slips that prove you lost income because of injury-related work absence.
  • Receipts and invoices for any care costs provided to you by others.
  • Proof of paid travel costs to essential appointments.

To receive a free valuation of your pothole claim you can contact our advisory team.

Solicitor shaking hands with a client after taking on their pothole claim.

Why Make A No Win No Fee Pothole Claim?

You might find the support of a skilled personal injury solicitor useful in your pothole claim. The ones on our panel are experts at providing eligible claimants with the guidance needed to seek compensation.

For example, they can help collect supporting evidence and interview eyewitnesses. They can explain complex legal terminology and make sure your case meets the court deadlines. Most importantly, they will calculate compensation fully and argue for the maximum amount on your behalf.

They do all this through a variation of a No Win No Fee agreement called a Conditional Fee Agreement (CFA). This has numerous advantages:

  • The solicitor can begin work on your claim without you needing to pay legal fees upfront for their services.
  • No legal fees apply for their services as the claim moves ahead.
  • Should the claim be unsuccessful, no solicitor’s legal fees for completed services apply.
  • Only a small and legally restricted success fee to your solicitors applies if the claim wins. This is deducted as a percentage of the compensation, but thanks to the legislative cap the majority of the compensation goes directly to you.

Why not see if one of the No Win No Fee solicitors on our panel could take up your pothole claim today? Start by chatting with our advisory team by:

Learn More About How To Make Personal Injury Claims

In addition to this guide about a pothole damage claim, you might find these other resources from our website useful:

Some external resources:

We hope this guide on how to make a pothole claim has helped. For any further information regarding the claiming process or to discuss your case, contact our advisors.