Pothole Injury Claims

Q: Can I make a no win no fee pothole claim?

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.

If you have been injured in an accident involving a pothole or other damaged road surfaces, we could help you to make a pothole damage claim for compensation.

Speak to an expert

Make a pothole injury claim with Irwin Mitchell

We are vastly experienced in claiming against the council for injuries sustained because of potholes and pavements.

It’s the council’s responsibility to maintain public places and we know how to successfully claim compensation from them when they don’t. Our dedicated lawyers, regularly rated 5-stars for their compassion and commitment, have recovered more in compensation than any other UK law firm.

We’ll also set you up with physical, mental and financial recovery support from our Support and Rehabilitation Coordinators if you need it.

Start your claim

Common pothole-related injuries

Injuries can range from whiplash to broken bones. The type and severity of your pothole-related injury depend on whether you were in a vehicle, including a push bike, or if you were a pedestrian.

Common injuries caused by potholes we see, include:

Cyclists and motorcyclists - injuries can range from head injuries to spinal injuries after hitting a pothole and coming off their bike.
Vehicle users (car, bus, van etc.) - the impact of hitting a pothole can cause injuries such as whiplash or back injuries.
Pedestrians - trips caused by potholes can cause broken bones, soft tissue injuries, or severe cuts.

Can I make a pothole damage claim for compensation?

If you sustained an injury that was caused by a pothole, and it’s provable the hole was deep enough to meet the legal standards to claim, you could be entitled to compensation.

You could also make an injury claim if the road surface was damaged so badly that the vehicle you were in was involved in an accident.

You could make a pothole claim if you were any of the following:

Pedestrian
Vehicle driver or passenger
Motorbike rider or passenger.

If a loved one lost their life through an injury involving a pothole, you could make a claim for compensation on their behalf

There are some other key things you will need to consider. These are:

Time limits - you have three years from the date of the accident to make a claim. That doesn't apply to claims involving children or a person lacking the mental capacity to make their own claim.
Pothole depth - to make a claim, the pothole often has to be deeper than 40mm in the road or 20-25mm on the pavement.
Liability - even if the pothole is deep enough, the authority responsible might reject a claim if there had been a 'reasonable' inspection before.

Meet a specialist from our team

Our market leading team will help you understand your rights, secure the compensation you’re owed, and access vital support – from rehabilitation to long-term care.

Richard Biggs

Partner

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Meet our experts

Richard Biggs

Partner

Find out more

How to make a pothole injury claim?

If you or a loved one has sustained an injury because of a pothole, these are the steps you need to follow to make a claim:

Seek medical attention - if you haven't already, seek medical attention for any injuries you may have sustained. Your medical report will be a crucial part of your claim.
Document the scene - if possible, take photos of the pothole that show its depth and width.
Identify the exact location - mark on maps where the pothole is.
Gather witness statements - if there were any witnesses, try to get their details and a statement. If you have their details, we can help gather their statements to support your claim.
Report the pothole - you can often report the pothole on most local council websites or on the .gov website.
Submit your claim - contact Irwin Mitchell's specialist pothole-related injury solicitors to make a claim for any injuries you sustained because of a pothole.

Get the help you need

Call us free on 0370 1500 100

Making an enquiry

We have several ways you can contact us, either by completing our online contact form, by phone, or using our live chat. If you start your journey online, here are the first steps to working together.

Complete our online form
We need a few details to understand your situation and the kind of support you need.
We’ll contact you by phone
On the call our experts will ask you a few more questions to make sure we connect you with the right legal advice from our team.
We arrange a full appointment
If we’re able to support you further, the next step is an appointment with one of our specialists so we can discuss everything in more detail.

Get in touch

Frequently asked questions about pothole injury claims

You might have a claim to make for compensation if you have suffered an injury because of a pothole in the road that should have been maintained by the council. Read our most commonly asked questions here to find out more.

How long can a pothole-related injury claim take?

Every claim is unique, which means there is no set amount of time a claim will take.

If you have all the evidence already (photos, medical records, witness statements), this can speed up your claim.

If the relevant authority disputes your pothole injury claim, this can slow down your claim.

No matter what, we will be with you each step of the way.

How deep does a pothole have to be to make a claim?

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.

Who can I claim against for a pothole injury?

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.

How do you prove pothole damage?

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.

How much compensation can I get from a pothole 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.

Can I make a no win no fee pothole claim?

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.

Our commitment to you

Our experts always start by listening, so we understand what matters most from day one.

01
Clear legal guidance
You will always get straightforward, honest advice, with regular updates to keep you clear on the way forward.
02
Specialist knowledge
A wide-ranging team of trusted specialists who understand what it takes to protect your future, your family or your business.
03
Your needs first
Whether you’re navigating complex personal situations or business decisions, we take the time to understand your world and what’s at stake.

Information to help with your claim

We can help with legal guidance and advice as well as other services you might need to aid your recovery and get your life back on track.

Support and Rehabilitation Co-ordinators
We'll make sure you get everything you need throughout the claims process
Read more
Claims against the council
Our personal injury solicitors can help you to claim against the council
Read more
Personal Injury Claims Guides
Answers to some frequently asked questions relating to personal injury claims.
Read more
Road Traffic Accidents
If a pothole or other road defect lead to a road traffic accident, our lawyers can help investigate your claim and understand who best to apply for compensation against.
Read more

Irwin Mitchell Scotland

Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.