Advice On How To Make A Pothole Accident Compensation Claim

By Stephen Kane. Last Updated 26th January 2024. On this web page, you will read a guide to the process of making a pothole accident claim. It contains useful advice, tips and information to help you understand why you may be eligible to make a claim and how to go about proceeding with your claim.

Pothole accident claims guide

Pothole accident claims guide

You may have additional questions once you have read this guide. If this is so, or you simply want some advice about your claim, please speak to one of our team on 0161 696 9685. They will be able to give you any help that you need.

Select A Section:

  1. Pothole Accident Personal Injury Claim Payouts
  2. How Deep Does A Pothole Have To Be To Claim?
  3. Do I Need Evidence To Make A Pothole Claim?
  4. Time Limits For Pothole Accident Claims
  5. No Win No Fee Claims For A Pothole Accident

Pothole Accident Personal Injury Claim Payouts

If you make a successful pothole accident claim, your personal injury compensation could consist of two heads: these are general damages, and special damages.

Every successful claimant receives general damages, because this head of claim addresses the injuries you sustain as a result of your accident. This includes both physical and psychological injuries.

Those who value this head of claim may refer to the Judicial College Guidelines (JCG) for help. This is because the JCG provides a list of guideline compensation brackets for different injuries.

In the table below, you can find some examples of these guidelines. However, please note that these are not guaranteed amounts, and that the first entry in this table has not been taken from the JCG.

Guideline Compensation Amounts

Injury Notes Amount
Multiple Serious Injuries And Special Damages Multiple serious injuries and financial losses that could include lost earnings, and the cost of prescriptions and travel Up to £150,000+
Back – Severe (iii) Disc fractures or lesions that lead to chronic conditions and result in severe pain and discomfort despite undergoing treatment. £38,780 to £69,730
Back – Minor (iv) Soft tissue injuries, sprains or strains which fully resolve within 3 months. Up to £2,450
Elbow – (a) A severely disabling injury to the elbow. £39,170 to £54,830
Leg – Moderate Complicated or multiple fractures to a singular leg. Factors such as extent of treatment and the impact on employment will affect how much is awarded. £27,760 to £39,200
Neck – Moderate (i) Fractures or dislocations that may require spinal fusion and result in immediate symptoms. £24,990 to £38,490
Neck – Minor (i) Generally covers strains and sprains. Injuries usually resolves within 1-2 years. £4,350 to £7,890
Ankle – Moderate Ligamentous tears and fractures that cause problems when standing/walking for a long time, walking on uneven ground with awkwardness on stairs. £13,740 to £26,590
Whiplash Injuries + Psychological Injuries Symptoms that last for more than 18 months, but no more than 24 months £4,345
Whiplash Injuries Symptoms that last for more than 18 months, but no more than 24 months £4,215

What Are Special Damages?

Special damages are the head of your pothole accident claim that addresses the financial losses caused by your injuries. For example, under this heading, you could potentially claim back the cost of:

  • Lost earnings.
  • Prescriptions.
  • Travel.
  • Childcare.
  • Help with cooking and cleaning.

These are just a few examples of expenses that could be covered by your pothole injury claim. In order to claim for these losses, you will need to present evidence of them. This could include bank statements, payslips and invoices.

Read on to learn more about the pothole accident claims process, or contact our team of friendly advisors today to get more information on how to claim compensation.

How Deep Does A Pothole Have To Be To Claim?

Generally, an imperfection in the road must be at least 1 inch (40mm) deep to be considered a pothole. However, this can vary depending on the shape and size of the hole and where it is located. Therefore, a pothole claim could potentially take place even if the case focuses on a hole in the road that is less than an inch deep.

If an imperfection on the road has caused an accident that injured you, but it’s not considered a pothole, it may be more difficult but still possible to claim compensation for this. When you are looking to claim pothole compensation, it is recommended that you take detailed photographs of the pothole that caused your accident and injuries.

A cracked pothole in asphalt

Do I Need Evidence To Make A Pothole Claim?

For any pothole claims made against the council, evidence will be required to maximise the chances of receiving personal injury compensation.

If you are making a pothole claim, you’ll need to prove the following:

  • Your local authority owed you a duty of care;
  • They breached this duty of care;
  • You were injured as a result.

Therefore, evidence you can gather to support your pothole compensation claim includes:

  • The contact details of any witnesses. Your solicitor can contact them for a statement.
  • Medical evidence, such as your medical records or a medical report from an independent medical expert.
  • CCTV footage of the accident, if possible.
  • Photographs of any injuries you have sustained.
  • Photographs of the pothole, ideally with a tape measure that shows the pothole is deeper than one inch. If the pothole is no deeper than one inch, your claim may be rejected by the council.

Get in touch if you would like to hire a personal injury solicitor from our panel. With years of experience, they’ll know what bases of your pothole damage claim to cover and can help you collect evidence.

Time Limits For Pothole Accident Claims

If you are eligible to make a personal injury claim for pothole compensation, you must ensure that you adhere to the relevant time limit. Under the Limitation Act 1980, you will generally have three years to start your claim from the date of the accident that caused your injury.

Under certain circumstances, the time limit can work differently. For instance, if a child is injured by a pothole, the time limit is paused until the day of their 18th birthday. Before that day arrives, a court-appointed litigation friend could make a claim on the child’s behalf. If a claim has not been made by their 18th birthday, they will have three years to start one.

If the injured party lacks the mental capacity to make a pothole claim, then the three-year time limit is indefinitely suspended. In such cases, a litigation friend could make a claim on the injured party’s behalf. However, if the injured party later regains this mental capacity, and a claim hasn’t already been made, they will have three years to make a claim from the date of recovery.

To get more insight into time limits or other aspects of pothole injury claims, contact our team of advisors today.

A grey car speeds towards a pothole in the road

No Win No Fee Claims For A Pothole Accident

Starting a pothole accident claim might seem daunting, but we are here to help. Our team of friendly advisors can evaluate your potential claim for free, and answer any questions you may have about how to seek compensation. If they find that your pothole injury claim is valid, they may also connect you with a No Win No Fee solicitor from our panel.

There are many benefits that can come with instructing a solicitor to help you with your claim, and our panel all work on a No Win No Fee basis. This means that, with the help of a Conditional Fee Agreement (CFA), they generally won’t ask you to pay an upfront fee for their services, nor will they expect payment for their work on your claim if it fails.

If you make a successful pothole injury claim with the help of a No Win No Fee solicitor, they will take a success fee. This fee is a small percentage of your compensation, but it’s also limited by a legal cap.

Contact Us

Our team of advisors are here to help. Get in touch with us today to find out if working with a solicitor from our panel could be right for you by:

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