While potholes seem to have become a regular sight on UK roads, they have the potential to be more than just a nuisance. Whether you’re a driver, cyclist, pedestrian or other road user, potholes can cause accidents that range from property damage to personal injury. That’s where pothole compensation claims come in.
Making a claim for an accident caused by a pothole can compensate you for the pain, injury, and loss you have suffered. But how deep does a pothole have to be to claim? In this guide, we’ll look at the legal criteria, the council’s pothole repair responsibility and how to make a claim.
What is the legal definition of a pothole for claims?
Most councils in the UK will consider a defect in the road or pavement as a pothole if it meets a certain criteria:
- The road defect must be 40mm deep or more to be considered a dangerous pothole.
- The pavement must be 25mm deep or more to be deemed a dangerous pothole.
Bear in mind that these measurements are only a rough guideline. Some local council pothole claims have been settled successfully, even if the pothole is not deep enough to be classed as dangerous. For example, if a major injury or severe property damage occurred, depth might not matter if the pothole clearly caused it.
Who is responsible for fixing potholes in the UK?
The party responsible for fixing potholes in the UK will depend on where your pothole accident took place:
- Standard roads — These are under the supervision of the local council.
- Motorways and A-roads — These are under the supervision of National Highways.
- Roads in Scotland, Wales and Northern Ireland — These are under the supervision of Transport Scotland, Traffic Wales and the Northern Irish Department for Infrastructure, respectively.
According to the Highways Act 1980, it’s down to these organisations to maintain and repair potholes on roads they are responsible for. If they’ve failed in this responsibility, you might have a pothole accident compensation claim on your hands.
What injuries can potholes cause?
Depending on your position on the road, a pothole personal injury claim can manifest in many different ways.
Driver injuries
While potholes can damage your vehicle, the impact can injure you and your passengers in the following ways:
- Airbag injuries
- Back injuries
- Broken bones
- Cuts and scrapes
- Neck and shoulder injuries
- Whiplash
- Wrist injuries
Pedestrian injuries
Trips and falls on deep and dangerous pavement potholes can cause pedestrian injuries in the following ways:
- Broken bones
- Cuts and scrapes
- Head injuries
- Soft tissue injuries
Cyclist and motorcyclist injuries
As a cyclist or motorcyclist, hitting a pothole at speed can result in serious falls or collisions. This can cause the following injuries:
- Broken bones
- Back injuries
- Head injuries
What evidence do you need for a pothole compensation claim?
In order to give yourself the best chance in a pothole injury claim, you’ll need to collect evidence that supports your case. Try to source the following information:
- A medical report that details your injuries. You can get this from your GP or at A&E.
- A police report that details the accident. You can get this if the police were involved in your accident.
- Photographs of the accident scene, your injuries and pothole responsible.
- Statements from witnesses that saw your pothole accident.
- Paperwork that proves any financial losses your accident caused.
If you need assistance in gathering relevant evidence, get in touch with Express Solicitors. We’ll help to advise on the evidence you should look for, or search for it ourselves if you choose to bring your case to us.
How to report a pothole before making a claim
Before you make a pothole damage claim, you should report the pothole to the local council. Simply use the pothole reporting tool on the Government website to begin.
By reporting a pothole, you’ll begin the process of repairs and create a record of the report that you can use as evidence in a potential pothole claim.
How to make a pothole compensation claim
Making a pothole damage or injury compensation claim is easy. Simply follow these steps to begin:
- Report the pothole to the council or relevant road authority.
- Complete a damage report form. This should include repair quotes, receipts and medical reports.
- If your form is rejected, request a Freedom of Information (FOI) report to check when the road was last inspected.
- Get in touch with Express Solicitors to take legal action if the responsible party refuses a settlement.
How Express Solicitors can help
If you choose to bring your claim to Express Solicitors, you can trust that our experts will have your very best interests in mind. We have over two decades of experience in injury law, including all manner of road traffic accident claims.
If you’ve suffered because of a pothole, don’t feel you have to tackle the claims process alone. Get in touch today for expert advice and support throughout the process.