Factors to consider when making a pothole accident claim
- To make a successful claim, your solicitor must prove that the responsible party, usually the local council or highway authority, failed to maintain the road properly.
- You have up to 3 years to start a claim, but the sooner you begin, the better your chances of success.
- Find out how much you could receive with our compensation calculator.
- Photographing the pothole before the council repairs it can be crucial to the success of your claim.
- A solicitor can act for you on a no win, no fee basis.
If a pothole injury has set you back, we'll help you move forward
Potholes are an all too familiar hazard on UK roads, often causing serious injuries to drivers, cyclists, motorcyclists, and pedestrians. If you’ve been injured due to a pothole, you may be entitled to compensation for your injuries, medical expenses, costs, loss of earnings, and other expenses.
A personal injury solicitor can guide you through the process, helping you pursue a No Win, No Fee compensation claim to support your recovery.
With 1 million potholes across the UK, you are not alone
It is estimated that there are over 1 million potholes in the UK, posing a serious risk of injury to drivers, cyclists, motorcyclists and pedestrians (rac.co.uk).
Hazards such as potholes, uneven paving stones and raised manhole covers can cause trips and falls; resulting in serious injury to cyclists and pedestrians.
Pedestrians and cyclists, in particular, may sustain serious personal injury from trips, slips and falls, but potholes can also damage the wheels and suspension of motor vehicles.
If you decide to make an injury claim for a pothole accident, your solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.
How much compensation can I claim for a pothole accident?
Your compensation for a pothole accident is influenced by:
- the degree of your injury,
- the restriction caused by your injury on your daily life and employment,
- any financial expenses or losses you?ve had due to the accident.
Pothole accident injury
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred because of your accident. In addition to paying for loss of earnings (including future earnings loss and retraining costs), vehicle damage and repairs, special damages can cover any care costs and medical procedures you need, such as pain medication and psychological support.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average pothole accident injury general damages compensation table
The following pothole accident injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Back injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | A back sprain, disc prolapse, soft tissue injury or minor fracture that fully recovers without surgery | £2,720 to £13,870 |
| Moderate | A disc lesion, prolapse, fracture or soft tissue injury leading to chronic conditions, including pain, mobility issues, impaired sexual function, psychological effects, a risk of arthritis, spondylolisthesis, and nerve root irritation | £13,870 to £30,800 |
| Severe | Severe spinal cord damage, nerve root damage, disc lesions, fractures and soft tissues leading to serious chronic conditions | £43,020 to £178,590 |
Neck injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Soft tissue injury | £2,720 to £8,750 |
| Moderate | Fracture or dislocation injuries, or worsening of existing conditions, including wrenching, disc lesions and cervical spondylosis | £27,730 to £42,700 |
| Serious | Severe fractures, dislocation, soft tissue damage, ruptured tendons, and/or chronic disability | £50,450 to £62,120 |
Shoulder injury
| Severity | Example | Amount |
|---|---|---|
| Soft tissue injury | Soft tissue injury with recovery in under 1 year, causing considerable pain | £2,720 to £8,750 |
| Clavicle fracture | Injuries causing some pain and disability, e.g. a displaced, fractured clavicle | £5,710 to £13,580 |
Whiplash
| Severity | Example | Amount |
|---|---|---|
| Recovery in under 3 months | Up to £220 | |
| Recovery in 3 to 12 months | £220 to £1,200 | |
| Recovery in 1 to 2 years | £1,200 to £3,830 |
Wrist injury
| Severity | Example | Amount |
|---|---|---|
| Lesser | Relatively minor soft tissue injury or displaced fracture, with a full recovery within 12 months | £3,920 to £5,260 |
| Moderate | Uncomplicated Colles' fracture | Around £8,250 |
| Moderate | Fracture or soft tissue injury with complete recovery | £6,750 to £11,480 |
Do I have a pothole injury claim?
You can make an injury claim for a pothole accident, if:
- you were injured in the last 3 years, and;
- another person was at fault, and;
- that person had a legal duty of care to safeguard you from harm.
How long do I have to make a pothole injury claim?
In most cases, you have 3 years from the date of your accident or injury.
If you were injured when you were under 18, a parent, guardian or adult 'litigation friend' can make a claim on your behalf. Once you turn 18, you have until your 21st birthday to start an injury claim.
What is the council's responsibility to repair potholes?
Section 58 of the Highways Act 1980
Maintenance of pavements and highways is generally the responsibility of the local councils' or authorities' highways departments who should follow the standard guidelines set out in Section 58 of the Highways Act 1980 (legislation.gov.uk).
Where an accident has occurred due to an inadequately maintained road or pavement surface, any claims for injuries sustained would usually be brought against the local council.
Is the local council always liable?
Councils are expected to rectify faults within a reasonable period of inspecting and identifying defects. Where defects are known but the information not acted upon, a council may be liable for any accident as a result of that defect.
However, section 58 of the Highways Act 1980 states if that a highway authority can prove that it had taken "such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates..." it may defend any claim against it.
So if a local council can prove through its inspection records that the location was visited recently and there were no defects at that time, it can defend the Claim.
For example, if the accident occurred on the 1st July on a road which had a 3 monthly inspection period, and the last inspection had been on 1st May, then the council could argue that as the accident was between the inspection dates they should not be at fault.
Sometimes hazards are created by other authorities - such as utility companies digging up roads. Accidents may occur where the road surface has not been finished to the correct standard or a hole has been left unprotected.
In these cases any claims for compensation should be brought against the organisation responsible, so it is important to note who that is.
Injuries sustained on a private road or property?
If the accident occurred whilst on land not owned by the local authority, or a private house, any claim would be made against the landowner or occupant. Again it is important to determine who this owner or occupier is.
How do I make a claim for a pothole accident?
A claimant must demonstrate that the pothole caused a danger to traffic or pedestrians and that defect occurred as a result of the failure to maintain or repair that highway.
To show the pothole was a danger it is important to gather evidence quickly. Notes detailing the exact location of the defect in relation to the road or pavement, and the direction of travel when the accident occurred will help. Also document the road name and those nearby, and the time and date.
To help show the position of the defect in its location take photographs from several angles.
Pavements and highways are not expected to be totally smooth and level and there is often leeway for uneven pavements. A ‘depth of trip' of at least 2cm is usually actionable; so obtain measurements of length, depth and width where practicable.
Take contact details of any witnesses to the accident. They may be able to provide evidence should the need arise to make a claim.
Photographing any injuries or damage sustained as well as the road defect will help support your claim.
Evidence that may help your claim
Local shops or businesses may have CCTV cameras showing footage of the accident or other accidents that have occurred in the same location. Most CCTV records are deleted after 28 days so it is important to check promptly.
If the hazard has been reported recently (outside of inspection periods) but not repaired, then the council may be liable.
How the location and circumstances can affect a pothole injury claim
The claims process for a pothole accident will vary based on where and how it occurred. Click the icons below to learn more.
Can I make a no win, no fee pothole accident injury claim?
Yes. With no win, no fee, you can claim pothole accident injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to a road accident specialist about your claim?
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Highways Act 1980 (reviewed: 30/07/2024)
RAC Pothole Index – statistics and data for UK roads | RAC Drive (reviewed: 29/07/2024)
Author:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.