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Last Updated 18th February 2026. To make a pothole injury claim, you must seek immediate medical attention, report the accident, gather as much evidence as you can, and secure legal representation. Potholes can be very dangerous, and they often result in serious, life-threatening injuries. Here at Legal Expert, we can show you how to claim if your injuries were caused by a negligent third party, and be with you every step of the way.
Our dedicated team of advisors are ready to answer your questions regarding pothole accident claims and assess whether you have a valid case for free. If you do, you’ll be represented by one of our dedicated solicitors, who will make the claims process as straightforward and stress-free as possible. We believe every client matters, and our solicitors will fight to get you the compensation you deserve.
If you are looking for a solicitor to help you secure pothole injury compensation, please contact us today.
4.8 (466 reviews) 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:
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:
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 cases such as these, the local council may have failed to find potholes during 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. Should they fail to do so or do it incorrectly, you may be able to claim against them.
If the pothole is on private land, you will need to identify the occupier. However, if it is difficult to ascertain, you may consult the Land Registry.
You can contact our advisors to discuss your case and get guidance tailored to your situation. Our video below also explains the key takeaways from our guide:
It may be possible to claim if the council says it didn’t know about the pothole, provided that you can prove they overlooked an actionable defect or failed to conduct routine inspections. Councils have a legal duty to maintain public highways to a safe standard, as far as is reasonably practical, under Section 41 of the Highways Act 1980.
However, given the size of Britain’s road network, councils have a statutory defence under Section 58 of the Highways Act 1980. This centres on councils demonstrating that they took reasonable steps to maintain a road and that, at the time of the most recent inspection, any defect was either not present or not considered actionable.
While councils can argue that a pothole was new or unreported, they must have a reasonable, risk-based inspection and maintenance system in place to identify and repair hazards. If the inspection frequency was inadequate for the type of road, or the council failed to repair known actionable defects, you may still have grounds for a pothole injury compensation claim.
Do you need more clarity on council liability? Call us today to discuss pothole accident compensation.
There are a few different situations that could result in suffering an injury as a result of a pothole.
Here are a few examples of accidents that a pothole could cause:
Please direct any questions about pothole claims to one of our advisors.
There is a wide variety of injuries that can be caused by pothole accidents, ranging from whiplash to severe brain damage. To give you a clear picture of what you can claim for, we have listed some of the most common examples of physical and psychological trauma below:
If you have suffered one of the injury types above or some other form of harm, you may have a valid pothole injury claim. Call or contact us online to learn more.
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.
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 include:
If a solicitor is helping you with your claim, they could assist you with gathering evidence.
Contact our advisors today to see whether you are eligible to 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.
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 isn’t from the JCG, and the table doesn’t guarantee compensation. So, please use the entries for guidance only.
| Type of Injury | Severity | Amount |
|---|---|---|
| Multiple Very Severe Injuries With Additional Special Damages (e.g. Lost Earnings) | Very Severe | Up to £1,000,000+ where the injured person will also be awarded special damages including things like loss of wages, private medical treatments and care costs. |
| Paralysis | Quadriplegia - Has full awareness of their disability | £396,140 to £493,000 |
| Paralysis | Paraplagia - The presence and extent of pain will be considered | £267,340 to £346,890 |
| Brain/Head | Very Severe - Full-time nursing from professionals required | £344,150 to £493,000 |
| Brain/Head | Moderate (i) - Moderate to severe intellectual deficit | £183,190 to £267,340 |
| Brain/Head | Minor - The brain damage will be minimal if any is present | £2,690 to £15,580 |
| Neck | Severe (i) - The injured individual will have incomplete paraplegia | In the Region of £181,020 |
| Neck | Moderate (iii) - Injuries from exacerbated pre-existing conditions will be considered | £9,630 to £16,770 |
| Severe Leg | Severe (iii) Serious - Serious compound or comminuted fractures suffered | £47,840 to £66,920 |
| Severe Leg | Severe (iv) Moderate - Complicated or multiple fractures will have been sustained | £33,880 to £47,840 |
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:
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.
4.8 (466 reviews) 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.
To speak with an advisor:
Below, we have provided answers to some of the most common FAQs regarding pothole accident claims:
Pothole accidents are not always the council’s fault if it can be shown that it had a reasonable inspection and maintenance system for the specific type of road where the incident occurred.
Cyclists can claim compensation for pothole accidents if they are able to prove that the negligent actions of a local authority or other third party directly caused them to suffer an injury.
Yes, private landowners can be responsible for potholes as they have a legal obligation to ensure the reasonable safety of visitors to public spaces they control, including private roads and car parks.
Yes, pedestrians can file a claim after tripping in a pothole if they can prove that a third party’s negligent actions directly caused their injury.
Yes, motorcyclists can claim for pothole accidents if they can provide categorical evidence that their injuries were caused by the negligent actions or inactions of a third party.
Yes, you can claim for vehicle damage caused by potholes, including repair costs, if the damage arises from a negligent failure to maintain the road surface.
While you do not legally need photographs of the pothole to claim, visual evidence is beneficial because it can prove the defect’s existence and size. Using a ruler in the photograph can provide a clear scale of the pothole’s depth.
We understand that you may require more in-depth answers to some of these questions. Connect with an advisor at your convenience to find out more.
If you’d like to learn more about personal injury claims, head here:
Thanks for reading our pothole injury claim guide.
