A Guide To Pothole Claims

In this guide, we explore the process involved in making pothole claims. This includes the eligibility criteria you must satisfy to make a personal injury claim and how evidence could be useful in strengthening your claim, as well as the pieces you could collect.

pothole claims

A Guide To Pothole Claims

Additionally, we will look at the legislation that outlines the duty of care certain parties have to ensure the reasonable safety of those using the highway network. We will also provide examples of how an accident involving a pothole could occur if this duty is not adhered to.

We then explore how personal injury settlements are calculated and what they could include. 

Finally, this guide outlines the benefits of instructing a No Win No Fee solicitor.

For more information about public liability claims, you can get in touch by:

Browse Our Guide

  1. Pothole Claims – When Are You Eligible To Seek Compensation?
  2. How Could A Pothole Injury Be Sustained?
  3. How Much Compensation Could You Receive When Making A Claim For A Pothole Injury?
  4. Evidence That Could Be Used In Pothole Claims
  5. Make A Public Liability Claim On A No Win No Fee Basis
  6. More Information About Public Liability Claims

Pothole Claims – When Are You Eligible To Seek Compensation?

To make a personal injury claim, you need to show:

  • A duty of care was owed to you.
  • A breach of this duty occurred.
  • You came to suffer harm as a result of this breach.

A duty of care is placed on parties who have a responsibility to maintain the highways network as per the Occupiers Liability Act 1957 and the Highways Act 1980. This means they need to take steps to ensure they are reasonably safe for public use.

If you can demonstrate that the duty of care owed to you has been breached, and this caused you harm, it could mean you’re eligible to begin a claim for a pothole accident.

To learn more about the eligibility criteria for pothole claims, please call an advisor on the number above.

How Could A Pothole Injury Be Sustained?

There are several ways a pothole could cause an injury to a member of the public. For example:

  • A driver could be caused injury by a pothole in the road that causes them to crash their vehicle. For example, they could sustain a neck injury, skull fracture, or a broken rib.
  • A pedestrian could be caused an injury by slipping, tripping, or falling over a pothole on a crossing, such as a zebra crossing. For example, they could sustain a broken arm, head injury or fractured wrist.

Contact one of our advisors now for more information on pothole claims. They can assess whether you could have valid grounds to proceed with your case. 

How Much Compensation Could You Receive When Making A Claim For A Pothole Injury?

Successful pothole claims could include a settlement containing up to two heads of loss. The first is general damages, compensating you for the pain and suffering you’ve experienced due to your injuries. Several factors can influence how much you’re awarded for your injuries, including how severely they have impacted your quality of life, and how they are likely to affect you in the future.

When valuing your injuries, solicitors can use the Judicial College Guidelines (JCG) to assist them. This document contains different types of injuries, all varying in severity. Alongside the injuries are guideline compensation brackets, some of which you can find in the table below.

It’s important to only use these figures as a guide because personal injury settlements can differ depending on the specific circumstances surrounding each claim.

Compensation Table

KneeSevere (i)£69,730 to £96,210A knee injury of a serious nature causing disruption of the joint alongside other issues such as lengthy treatment, considerable pain and function loss.
Moderate (i)£14,840 to £26,190Injuries that involve dislocation, torn cartilage or meniscus, leading to a mild disability in the future.
BackSevere (ii)£74,160 to £88,430Nerve root damage with, for example, loss of sensation and impaired mobility.
Severe (iii)£38,780 to £69,730Disc lesions and fractures of discs are covered in this bracket.
NeckSevere (iii)£45,470 to £55,990Fractures or dislocations or severe soft tissue damage, leading to chronic conditions and significant permanent disability.
Moderate (ii)£13,740 to £24,990Injuries that have accelerated or exacerbated a pre-existing condition over a prolonged period.
ShoulderSevere£19,200 to £48,030Involving damage to the brachial plexus leading to significant disability.
Serious£12,770 to £19,200Shoulder dislocation alongside lower brachial plexus damage causing pain in the shoulder and neck, as well as a weakness of grip.
WristSignificant Permanent Disability£24,500 to £39,170With some useful movement remaining.
Less Severe£12,590 to £24,500Some permanent disability, such as a degree of persisting pain and stiffness.

Special Damages In A Pothole Accident Claim

Settlements for successful pothole claims could also include special damages which is the other head of loss. This awards compensation to reimburse you for any financial costs and losses incurred due to your injuries. For example:

  • Loss of earnings following any time taken off work to recover from your injuries.
  • Medical costs, such as for any medicine you have been prescribed.
  • Care costs, such as for help you have needed at home with cooking, cleaning or other domestic tasks.

You can provide receipts, wage slips and invoices as evidence to prove these monetary expenses.

For more information on personal injury settlements and the factors considered when valuing claims, please contact an advisor on the number above.

Evidence That Could Be Used In Pothole Claims

There are several pieces of evidence that could help strengthen pothole claims. For example, the following could demonstrate that a third party breached their duty of care, and that this caused you an injury as a result:

  • Medical records, such as doctor reports, X-ray scans, or copies of other test results.
  • CCTV footage showing the accident.
  • Diary notes of your symptoms and treatments.
  • Accident site and injury photographs.
  • Witness contact details.

If you have valid grounds to seek compensation for your injuries, you could benefit from instructing a solicitor from our panel to help you. They can advise on what evidence is needed to support your personal injury claim, and help you build your case. 

You can learn whether you’re eligible to work with a solicitor by calling our team on the number above.

Make A Public Liability Claim On A No Win No Fee Basis

The solicitors from our panel have experience handling pothole claims and can do so on a No Win No Fee basis. This means they can offer their helpful services under a Conditional Fee Agreement, typically allowing the following:

  • No fees to pay for the work completed by your solicitor when your claim begins, as it continues, or if it fails.
  • A fee to be paid from your compensation if the claim wins. This is taken as a percentage which has a legal cap, ensuring you keep the majority of your payout.

Contact Us For Free To See If You Can Make A Pothole Accident Claim

For more information on pothole claims, including when you could be eligible to seek compensation, and the payout that could be awarded if your case succeeds, speak with an advisor.

They can also assess the possibility of connecting you with a solicitor from our panel which they could do if you meet the eligibility criteria to seek personal injury compensation.

For more information, you can:

More Information About Public Liability Claims

For more of our helpful guides relating to public liability claims:

For more external resources:

Thank you for reading our guide on pothole claims. If you have any other questions, please contact an advisor on the number above.

Writer Will Grey

Editor Meg McConnell