Pothole Accident Claims
If you have suffered a personal injury caused by a pothole that was not your fault, you may be able to claim compensation. Your case will be reviewed by our panel of legal firms who will be able to tell you how much you could be owed.
An overview of pothole claims
Potholes are a perennial nuisance on UK roads, often causing damage to vehicles and posing risks to road safety. When a vehicle is damaged by a pothole, drivers may be entitled to compensation from the local council or highway authority responsible for road maintenance.
However, sometimes the appropriate body won’t provide a suitable payment for the damages, which is where our claims partners at Claims Bible can help. In this article, we’ll discuss all you need to know about making a pothole claim so that you can effectively seek the compensation you’re entitled to.
In this guide
- An overview of pothole claims
- What is a pothole claim?
- How do I make a pothole claim?
- What is the claims process?
- What evidence will I need for my claim?
- What if my pothole claim doesn’t cover all damages?
- How much can I claim?
- How long will it take?
- Don’t Delay. Check Now.
What is a pothole claim?
The UK has a big pothole problem, with at least 1 million potholes found on British roads according to the RAC. Potholes are significant road defects that occur when the surface of the road breaks up and a hole forms, usually due to weather and traffic. The local authorities have a legal obligation under the Highways Act 1980 to maintain public roads and ensure they are safe for public use. Failure to do so can be grounds for compensation if it leads to damage or injury.
Hitting a pothole while driving is a real danger, as it can cause you to lose control of your vehicle and damage integral components in your vehicle. If you have suffered damage due to a pothole, then the relevant authority responsible – usually the local council – is accountable. It is their responsibility to ensure that the road is maintained to a safe standard – so when a pothole damages your car, they are on the hook. You can seek damages through a pothole claim, helping you seek compensation for the damage caused.
Did you know?
On average there are 13,169 pothole defects reported each year
How do I make a pothole claim?
To initiate a pothole claim, the first step is to determine which authority is responsible for the road where the incident occurred. This information can be found using this tool by entering the postcode of the area.
Once the responsible authority is identified, you can proceed to their website where they typically provide a specific procedure for filing a claim. Most councils require claimants to complete a form either online or in a downloadable PDF format. This form will ask for details about the incident, such as the date, time, and exact location, as well as the nature of the damage or injury.
What is the claims process?
The claims process for making a pothole claim is relatively straightforward and in most cases you can make your claim directly to the local council. Generally speaking, the process is as follows:
Acknowledgement of claim
The authority will acknowledge receipt of your claim and provide a reference number. This is the initial step that begins the claims process and gives the council sufficient information to start their investigation into the pothole claim.
Investigation
The authority will conduct an investigation to assess the claim. This includes checking maintenance records and inspecting the pothole in question. Timeframes for this will vary depending on the current backlog of claims the council is dealing with.
Decision
Once the investigation is complete, the authority will make a decision on whether they will accept liability and offer compensation. If they accept liability, then they will offer you compensation for the damages you have incurred as a result of the pothole. If the authority denies the claim or you are dissatisfied with the compensation offered, you have the option to escalate the matter. Our claims partners at Claims Bible are available to help you fight for the compensation you’re rightly entitled to. With their help, you can escalate the claim to seek further damages.
What evidence will I need for my claim?
Gathering comprehensive evidence is key for strengthening your pothole claim. Some of the main pieces of evidence to use for these claims include photographs showing the size, depth and surrounding area of the pothole. You will also need to include photographs of any damage to your vehicle as a result of the pothole. This can be further strengthened with repair quotes, invoices or bills for the documented repairs. In some cases, you may be able to provide witness statements or incident reports to provide a more comprehensive outlook of the situation.
It’s advisable to collect this evidence promptly, as conditions can change and may affect the validity of your claim.
What if my pothole claim doesn’t cover all damages?
In some cases, the response from the council won’t be satisfactory. Whether that’s because the claim was directly rejected or because the compensation value didn’t cover all of the damage, you can appeal. With the help of our claims partners at Claims Bible, we can advance your claim via mediation and negotiations with the council. Failing this, we can move your claim to the small courts where we will be able to fight for the compensation you’re rightly entitled to.
How much can I claim?
Claims can be capped depending on a number of factors such as if the company advising has gone bust and the date they went bust. The table below explains the caps and the different factors.
£14,900 – £23,950
£7,890 – £12,510
£29,000 – £61,910
£10,960 – £20,880
£300 – £6,290
| Injury | Compensation |
|---|---|
| Facial fractures | |
| Minor back injuries (sprains, soft tissue spasms) | |
| Serious hand injury (losing up to 50% capacity) | |
| Knee injury (ongoing or long-term) | |
| Whiplash |
Note, though, that there’s no guarantee you’ll get precisely what we list. However, these numbers give you an idea of what you could get.
How long will it take?
The duration of a pothole claim can vary significantly depending on the complexity of the case and the efficiency of the local authority.
Generally, you can expect an initial response or acknowledgement within a couple of weeks of submitting your claim. The entire process, from claim submission to final resolution, can take anywhere from a few weeks to several months.
Authorities are typically required to investigate and resolve claims within a reasonable time frame. However, if there are delays in the process, it is appropriate to follow up with the council to check on the progress of your claim.
If you would like help submitting a pothole claim, or are unhappy with the settlement the local council have provided, then let our claims partners at Claims Bible help. Click on the ‘start claim’ button on this page to check your eligibility and start your claim.
Did you know?
A claim is filed every 17 minutes for a pothole related injury
Don’t Delay. Check Now.
Don’t miss out on £100’s or even £1,000’s in compensation you could be entitled to. Starting a claim only takes 5 minutes, so why not do it now?
