Pothole Injury Claims

Potholes and other road damages are generally considered unsafe if they’re at least one inch deep on the pavement, or 40mm deep on a carriageway. You will need photographic evidence that proves the depth of the pothole, such as measuring it with a tape measure.

You’re unlikely to be able to claim if the pothole was shallower than one inch.

If you’re unsure whether you could claim, it’s best to speak to our solicitors in a free initial consultation. They’ll be able to advise you on your eligibility to make a pothole claim.

In most cases involving pothole injuries in the UK, the council is responsible for keeping public roads, pavements, and footpaths safe. In some instances, a utility company may be at fault. We will investigate and help you claim compensation from the party responsible for your injury.

The following list shows which authorities may be responsible:

• England – The County Council, Unitary Authority or Metropolitan District
• Wales – The County Council or Borough Council
• Scotland – The County Council or Borough Council
• Greater London – The London Borough Council
• City of London – The Common Council
• London Tube stations – Transport for London owns certain areas of the highway around tube stations, and they are responsible for maintaining these areas
• Motorways or major trunk roads – The Highways Agency or the Secretary of State for Transport.

As well as taking photographic evidence with a tape measure, as outlined above, it’s important that you take the names and contact details of any witnesses who can support your claim, too.

We understand that gathering evidence won’t be at the top of your list of priorities after an injury. If you weren’t able to collect evidence at the time, we will work to gather all available proof to support your claim.

The amount of compensation awarded in each claim is unique, as the sum is calculated based on individual circumstances.

How much compensation you’re awarded in a pothole claim may include:

• The circumstances of the injury
• The injuries you sustained and the long-term impact
• Any loss of earnings
• Medical and travel expenses incurred
• Any specialist equipment or treatment you need to pay for
• Any modifications you need making to your home.

Yes, you can make a pothole claim on a no win no fee basis. The benefit of making a no win no fee claim is that there will be nothing to pay upfront and nothing to pay at all if your claim is unsuccessful.

If your claim is successful, most of our fees will be paid by your opponent.

We will take out an After The Event (ATE) insurance policy on your behalf, which is a requirement to make a no win no fee claim. An ATE insurance policy removes the financial risk to you if your claim isn’t successful.

We will discuss the finer points of no win no fee, along with alternative funding options, before we get started on your case.