By Danielle Jordan. Last Updated 09th July 2025. Potholes are sadly a common feature on some UK roads. Parliamentary research projects that £500 million pounds will be needed to be allocated to local authorities to fix potholes in 2024/2025. This excludes London.
The potholes on the roads can present a danger to pedestrians, cyclists and even cars going over them. This guide about how to make a pothole injury claim will aim to answer any questions you may have about bringing a case for damages.
To be able to claim compensation successfully, you must be able to show negligence from a third party, such as a local council. We will discuss the circumstances when you can claim for pothole damage as well as the evidence needed to support your case. As the question of compensation is likely to be on your mind, we will also tell you how damages are calculated in this type of case.
Finally, we demonstrate how one of our experienced personal injury solicitors can help you by potentially offering you a type of No Win No Fee agreement. They have years of dedicated experience handling pothole claims.
You can reach out to one of our advisors by:
- Calling us on 0800 073 8804
- Contacting us online
- Using the live chat function on this page
Select A Section:
- Can I Make A Pothole Injury Claim And Who Will It Be Made Against?
- Evidence That Can Support A Claim For A Pothole Injury
- Examples Of When You Can Make A Pothole Injury Claim
- Pothole Compensation Payouts For Injuries
- Pothole Claims For Injuries With A No Win No Fee Solicitor
- Learn More About Personal Injury Claims
You can also watch our video below which explains the key takeaways from our guide:
Can I Make A Pothole Injury Claim And Who Will It Be Made Against?
A claim for pothole damage is made against whoever has responsibility for the road. Under the Highways Act 1980, those responsible for a road are required to ensure the road is safe for normal traffic. We will discuss this legislation in greater detail to understand the responsibilities of the local council.
Another relevant piece of legislation is the Occupiers’ Liability Act 1957. Under this act, the occupier of a public place has a duty of care to take practical measures to ensure the reasonable safety of all visitors to that premises.
To have an eligible personal injury claim following a pothole accident, you will need to prove:
- You were owed a duty of care.
- This duty was breached.
- You suffered an injury as a result of this breach.
What Liability Do Councils Have In Pothole Accident Claims
Councils may have liability in pothole accident claims if it can be shown that they have failed to comply with their duty of care, as set out by the Highways Act 1980. This act lays down the responsibility that local authorities and councils have to maintain publicly-funded pavements, highways, and roads for the local authorities and councils. As part of their duty, councils should do the following:
- Conducting regular inspections of footpaths and roads for defects.
- Repairing any defects within a reasonable period of time.
- Indicating any hazards or dangers by putting up signs on the streets or pavements.
- Taking action on any complaints pertaining to footpaths and roads within a reasonable time period.
However, it’s essential to demonstrate that a council has failed to address reports of potholes in a timely manner or conduct routine inspections. Moreover, there are cases where liability may not be assigned to the local council in a claim for pothole damage. For instance, a utility company might be responsible for defects on the road during the course of repairs, maintenance, or installation.
In such cases, it may be possible that the local council failed to discover any potholes during its routine inspection since the utility company conducted the maintenance work afterwards. Once the utility companies complete their work, it is their duty to repair the roads and the highways. If they fail to do so or do it incorrectly, you may be able to claim against them.
If the pothole is on private land, which the local authority doesn’t oversee, you will need to identify the occupier. If it is difficult to ascertain, you may consult the Land Registry.
We understand that determining liability in pothole accident claims may appear difficult. However, you can contact our advisors to discuss your case and get guidance tailored to your situation.
How Long Do I Have To Make A Pothole Injury Claim?
When making a pothole claim, it’s important to take action within the time limit set out in the Limitation Act 1980. Typically, you should bring forward a personal injury claim within 3 years of the date of your accident. However, there are exceptions where the time limit is suspended.
Minors injured in an accident involving a pothole have 3 years from their 18th birthday to start a claim. If they seek compensation before turning 18 years of age, a litigation friend may take action on their behalf.
A litigation friend may also begin a claim on behalf of someone who lacks the mental capacity to pursue compensation on their own. In these circumstances, the time limit is suspended unless the claimant regains the required mental capacity to start a claim. If there is a recovery, then the standard 3-year period applies from the date capacity returns.
If you have any additional questions about the limitation period for beginning pothole compensation claims, our advisors are available 24/7 and can speak to you free of charge.
Evidence That Can Support A Claim For A Pothole Injury
To make a valid pothole claim, you’ll need to prove that negligence occurred. Gathering sufficient evidence could help support your claim, as it could prove who was liable for your injuries and their severity.
Examples of evidence you may be able to gather when claiming pothole damage from a council includes:
- Medical reports that confirm the injuries you suffered in your pothole accident and the treatment you’ve received for them.
- Photographs that show the accident scene and the condition of the road it took place on (including the pothole or potholes that were a factor in the incident).
- Any video footage available of the accident, such as CCTV footage or dashcam footage.
- The contact details of any witnesses who may be able to provide a written statement.
If a solicitor is helping you with your claim, they could assist you with gathering evidence.
Contact our advisors today to see whether you claim for pothole damage that caused your injuries. Additionally, they may also connect you with one of our solicitors who could assist you with your case.
Examples Of When You Can Make A Pothole Injury Claim
There are a few different situations that could result in suffering an injury as the result of a pothole.
Here are a few examples of accidents that a pothole could cause:
- Cycling accident. You could suffer a broken bone after falling off your bike due to an unrepaired pothole. If the organisation was aware of the pothole and failed to repair it within a timely manner, you could be eligible to make a pothole injury claim.
- Pedestrian accident. You could suffer a sprain or fracture if you trip over a pothole. If the organisation responsible for the road surface fails to repair a pothole in a timely manner and this results in an injury, you might be eligible for personal injury compensation.
- Car crash. If you drive over a pothole, you could lose control of your vehicle and crash into a tree. You could suffer facial injuries, such as a broken nose. If you can prove that your accident was caused by the occupier breaching their duty of care, you may be able to make a personal injury claim.
Please direct any questions about pothole claims to one of our advisors.
Pothole Compensation Payouts For Injuries
If you make a successful pothole injury claim, you will receive general damages. This is the first of 2 potential heads of claim, and it covers the injuries you suffered because of the pothole damage, as well as loss of amenity (the impact on your daily life).
For example, you might suffer a severe neck injury after hitting a pothole. Under general damages, you could claim compensation for the pain and suffering caused by the neck injury, as well as loss of enjoyment of things like hobbies.
This head of pothole claims is usually valued with help from the Judicial College Guidelines (JCG). Professionals refer to this document because it contains guideline compensation brackets for different mental and physical injuries.
In the table below, you can see some of these guideline brackets. Please note that the first entry hasn’t been taken from the JCG and the table doesn’t guarantee compensation.
| Type of Injury | Severity | Amount |
|---|---|---|
| Multiple Very Severe Injuries With Additional Special Damages (e.g. Lost Earnings) | Very Severe | Up to £1,000,000+ |
| Paralysis | Quadriplegia | £396,140 to £493,000 |
| Paraplagia | £267,340 to £346,890 | |
| Brain/Head | Very Severe | £344,150 to £493,000 |
| Moderate (i) | £183,190 to £267,340 | |
| Minor | £2,690 to £15,580 | |
| Neck | Severe (i) | In the Region of £181,020 |
| Moderate (iii) | £9,630 to £16,770 | |
| Severe Leg | Severe (iii) Serious | £47,840 to £66,920 |
| Severe (iv) Moderate | £33,880 to £47,840 |
What Are Special Damages?
When claiming for pothole damage, you could also get compensation for your financial losses. Compensation under this heading could help you cover the cost of:
- Lost earnings.
- Mobility aids.
- Home adjustments.
- Prescriptions.
- Travel to and from appointments.
- Childcare.
- Help with cooking and cleaning.
Providing evidence of these financial losses with documents such as invoices and bank statements could help you with claiming special damages.
Learn more about compensation in pothole claims by getting in touch with a member of our team today. Or, keep reading to get more information on the personal injury claims process.
Pothole Claims For Injuries With A No Win No Fee Solicitor
If you are eligible to seek personal injury compensation, you may wish to have legal representation during the claims process. If so, one of our personal injury solicitors could support your case. They usually provide their services under the terms of a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement.
If you claim under a CFA, you won’t be charged any upfront or ongoing solicitor fees. You also won’t make any payments for these fees if your pothole injury claim fails.
However, if your claim outcome is positive, your solicitor will deduct a success fee from your compensation as payment for their work. This fee is a percentage that is subject to a legal cap.
If you have any questions about pothole claims, one of the advisors from our team could help. All the advice they give is free. Additionally, you can have a free eligibility check, and if you meet the criteria, you could be connected with one of our solicitors.
Contact Us
To speak with an advisor:
- Contact us online.
- Call 0800 073 8804
- Use our online chat.
Learn More About Personal Injury Claims
If you’d like to learn more about personal injury claims, head here:
- Find out about airport accident claims.
- Get guidance on claiming for public park accidents.
- Learn about claiming for council accidents.
Thanks for reading our pothole injury claim guide.
