Potholes are more than just an inconvenience. They pose a serious hazard to road users across the country. Drivers, cyclists, and pedestrians alike can suffer damage to their vehicles, or worse, can sustain injuries due to these road defects. The cost of repairs, medical bills, and time off work can mount up, yet fair compensation can help cover any losses. But how deep does a pothole have to be to claim compensation for damages and injuries?
In this guide, we’ll explain who is responsible for repairing potholes, how to make a pothole compensation claim, and what evidence is required to make a claim successfully.
What is the legal definition of a pothole for claims?
The depth of a pothole is important in determining whether you have grounds for a pothole injury claim.
Local councils and road authorities generally set a threshold of 40mm deep for a pothole to be considered dangerous in the road, which is roughly equal to one and a half inches or a 50p coin. However, for holes and dips in pavements, a shallower depth of 25mm may be judged to be hazardous – roughly one inch or one 20p coin standing on end.
These measurements are more of a general guideline than a hard rule, however, and some pothole compensation claims can be successful even if the pothole is shallower than the guideline threshold, especially if the damage or injury is severe.
The Highways Act 1980 places a duty on local councils to maintain roads and pavements to ensure they remain in a safe condition. If a pothole is unsafe enough to cause serious injury or damage, compensation may be paid.
Who is responsible for fixing potholes in the UK?
The responsibility for repairing potholes depends on the type of road:
- Local councils: They are responsible for most roads in the UK, including residential streets and smaller roads.
- National Highways: A government agency that manages England’s motorways and major A-roads.
- Transport Scotland, Traffic Wales, and the Department for Infrastructure (Northern Ireland): Oversee major roads in their respective regions.
Each local council follows a road maintenance policy that determines how often roads are inspected and when repairs must be carried out. This means that if a pothole has already been reported and remains unfixed, the council is potentially negligent in its pothole repair responsibility and may be held accountable for any resulting claim for pothole damage or injury.
What injuries can potholes cause?
Though we tend to think of damage to cars when talking about potholes, they can also cause serious injuries for cyclists, motorbike riders, and pedestrians:
Pedestrian injuries from potholes
Stepping into or being tripped by a pothole can lead to:
- Broken bones, especially in the wrists and ankles.
- Head injuries, including concussions from falls.
- Soft tissue injuries such as sprains, bruises, and cuts.
Cyclist and motorcyclist injuries from potholes
For cyclists and motorcyclists, hitting a pothole at speed can result in falls and potentially severe accidents, leading to:
- Fractures (commonly affecting the collarbone, arms, and ribs).
- Spinal injuries from being thrown off the bike.
- Head trauma, even when wearing a helmet.
What evidence do you need for a pothole compensation claim?
To improve your chances of a successful pothole accident compensation claim, you should try to gather the following evidence:
- Photographs: Take multiple clear pictures of the pothole in good light, showing its depth (using a tape measure), width, and location.
- Location details: Record the road name, precise position, and any nearby landmarks.
- Medical records: If you sustained injuries, seek medical attention and keep records of your diagnosis and treatment.
- Vehicle damage reports: If your car, motorbike or bicycle is damaged, ask for a mechanic’s report that details exactly what damage was caused by the pothole.
- Witness statements: If anyone saw the accident, politely ask for their name and contact details, and if they’ll be willing to provide a written witness statement for you.
How to report a pothole before making a claim
Before pursuing a pothole injury claim or pothole damage claim, it’s a good idea to report the pothole to the relevant authority, such as your local council. This can be done via the gov.uk report a pothole tool. You can enter the postcode of the pothole’s location and the tool will direct your complaint to the appropriate authority.
You should always report a pothole, because:
- It increases the likelihood that the issue will be fixed, preventing further incidents.
- If the pothole was already reported but not repaired, your claim will be stronger.
- Councils cannot be held liable for compensation if they were unaware of the pothole, so notifying them helps establish a record.
How to make a pothole compensation claim?
If you’ve suffered damage or injury due to a pothole, you can follow these steps to make a pothole accident compensation claim:
- Contact the local council or relevant road authority: Provide your evidence, including photos, damage reports, witness statements, and medical records.
- Complete a damage report form: This may include repair quotes, receipts for repairs, and other supporting documents.
- Request a Freedom of Information (FOI) report if your local council pothole claim is rejected: Ask for details on when the road was last inspected, whether the pothole was previously reported, and if any communications and judgement were made about that pothole.
- Consider legal action: If your pothole injury claim is denied, you may be able to take the case to the small claims court. The compensation limits for small claims courts are usually:
- Up to £10,000 in England & Wales
- Up to £5,000 in Scotland
How can Injury Lawyers 4u help with your pothole injury claim?
Making a pothole compensation claim can be a complex and frustrating process, but our team at Injury Lawyers 4u can help simplify and guide you through it.
Our legal experts have decades of experience in making successful pothole personal injury claims. We can assist you with gathering evidence, challenging claim rejections, and securing the compensation you deserve. Our No Win, No Fee agreement means there’s no financial risk to you, and our compensation calculator will help you gain an understanding of how much you could claim for a pothole injury in general damages.
If you’ve been injured or suffered damage from an accident involving a pothole, please get in contact with us on 0333 400 4445, or fill in a contact form and we’ll get back to you as fast as we can.