Potholes have become an unavoidable hazard on UK roads, and a combination of climate, high-volume traffic and poor maintenance has made the Great British pothole problem all the more concerning.
It doesn’t matter if you’re a city resident or countryside dweller, potholes are a real danger, especially for cyclists, e-scooter riders and pedestrians. If you’ve been hurt because of a pothole, you might be owed compensation. In this guide, we’ll discuss your eligibility and the process of making a pothole injury claim.
The UK’s pothole problem
In order to understand just how severe the UK’s pothole problem is, you’ll need to learn some key statistics:
- Only 3% of England’s local roads received any maintenance in 2023/2024, according to the RAC – indicating a substantial backlog in repairs.
- The estimated cost to bring local roads in England and Wales up to standard is £16.81 billion, with a projected 12-year timeline to clear the maintenance backlog.
- In 2023, the RAC attended 29,377 pothole-related breakdowns, up 33% from 2022.
- Councils reported nearly 1 million potholes in 2024.
For many road users, the daily stress of navigating pothole-ridden streets has become more than just a nuisance – it’s a source of genuine frustration and worry. If you’ve been injured by a pothole, UK injury law states that you might have a personal injury claim on your hands.
Who is most at risk?
Potholes affect all road users differently. Here’s a list of the most at-risk individuals:
- Drivers — Potholes can cause significant vehicle damage, including tire blowouts, suspension issues and wheel misalignment.
- Cyclists — When it comes to a cycling accident, potholes can throw you from your bike or steer you into traffic.
- E-scooter users — You can easily be thrown off balance by unexpected potholes, and could sustain an e-scooter pothole injury that could range from bruises to fractures.
- Motorcyclists — Hitting a pothole on a motorcycle means hitting it at high speeds. This can cause severe accidents or even fatalities.
- Pedestrians — Uneven pavements and potholes pose tripping hazards for pedestrians and can be particularly challenging for people who use wheelchairs, potentially leading to falls and injuries.
Can I make a claim for a pothole accident? Understanding eligibility
To be eligible to make a claim against the council for a pothole accident, you’ll have to prove that another party is at fault. In road accident claims, fault is established by looking at the following:
- Duty of care — The local council or highway authority has a legal duty of care to maintain the road’s safety, as outlined in Section 41 of the Highways Act 1980.
- Breach of duty — The council will fail in their duty if potholes are 40mm or deeper. This changes to 25mm when it is located on the pavement or at a designated road crossing point.
- Causation — If the pothole directly caused your injury, you might have a claim.
If the council was unaware of the pothole and had no reasonable way to know about it, they might not be held liable. However, if you can demonstrate that the pothole existed for an extended period or that inspections were inadequate, you can challenge this defence.
What to do if you’re injured by a pothole
If you or someone you love has been injured in a pothole related accident, follow these steps:
- Visit a doctor — Get an official diagnosis and have your injury checked out by a medical professional. Be sure to ask for the medical report as well.
- Get in touch — Talk to our expert at Injury Lawyers 4u to start a pothole claim.
- Gather evidence — Put together as many medical reports, CCTV footage, photos and witness statements as you can to support your claim.
Our solicitors will contact the local council and notify them of the claim made against them. We’ll also negotiate on your behalf, even taking the case to court if needs be.
Why choose Injury Lawyers 4u?
It’s important you know your rights, especially after a pothole related accident. If you’ve been injured, our no-win, no-fee pothole injury claims could get you back on your feet and compensated fairly.
Our team of solicitors at Injury Lawyers 4u are on hand to take your case and aim for the fairest compensation we can get you. Get in touch today to start your claim.
Frequently asked questions
Can I claim compensation on my insurance?
While you can make a pothole claim through your insurance, it might affect your premiums. Pursuing a claim against the responsible party through Injury Lawyers 4u could be more beneficial.
Can I claim if I was riding an e-scooter or bike?
Anyone can make a pothole claim if they believe negligence was at play, including e-scooter riders and cyclists.
How much compensation could I receive?
Pothole compensation in UK law will vary depending on the severity of your injuries, your financial losses and the overall impact on your quality of life. For a good idea of how much general damages you might receive, use our helpful compensation calculator.
How long do I have to make a pothole claim?
Generally, you have three years from the date of the incident to file a claim.
Will my local council be responsible for paying?
If the council failed in their duty to maintain the road, they could be held liable for your injury.
What can I do if the council rejects my claim?
If your claim is denied, get in touch with us to explore options like providing additional evidence or pursuing legal action.
Will I be covered if the pothole is on private land?
Property owners have a duty to maintain safe premises. You can claim against them if the pothole injury happened because of their negligence.