Estimates indicate that the number of potholes on UK roads has surpassed 1 million. This increase is attributed to the reduction in road maintenance budgets in 2012, resulting in deteriorating road conditions and a subsequent rise in accidents caused by potholes.
Recognizing the impact of underfunding, the UK government has committed £5.5 billion to highway maintenance between 2020 and 2025. This allocation encompasses a dedicated fund for the repair of potholes, aiming to address the consequences of previous budget cuts and improve overall road safety.
Claim Pothole Damage from the Council or Another Driver
There are two primary avenues for filing a pothole compensation claim. The first option involves claiming pothole damage from your local council. However, it’s important to note that if you or your vehicle sustains injuries due to debris from another vehicle, the local council or government does not permit filing a compensation claim with Highways England.
Even if the debris falling off the vehicle is a consequence of a pothole on the road, you would need to file a negligence claim against the driver of the vehicle responsible for securing the debris in such cases.
What Should I Do If I’ve Been Injured by Potholes in Roads or Walkways?
Idealistically, you would only need to fill in a form and your local council would do the rest. Yet, when dealing with the government, it is rare that such will occur. Instead, you will need to follow a series of steps in order to file your claim properly and receive compensation.
Steps on how to claim for pothole damage:
- Take pictures and gather documentations, date and time etc
- Report the pothole incident to the highway agency
- Seek legal advice
The Most Common Rejection for Pothole Claims
Perhaps one of the more common rejections is found in section 58 of the highways act 1980. Basically, this rule states that should the highway have been inspected and the guidelines (reasonably) have been met to maintain the road surface that it is not their fault.
In order to establish your claim you will need to provide proof that they have not maintained the roads or that the system differs from the standards set forth by highway maintenance.
Should I File a Compensation Claim Regarding Pothole Injuries?
If you have stepped into a walkway pothole resulting in a sprain, break, or other bodily harm and if you have recorded such an incident, you may have grounds for a claim, especially if you have medical documentation of diagnosis and treatment.
If you have been in a car accident as the result of a pothole and have been unable to work as a result of the accident, you may have grounds to claim for damage. Additionally, if the vehicle has been wrecked beyond repair or if your insurance company refuses to compensate for the damage to your car, you should file to claim compensation.
Need more information? Don’t worry, Lee Kirton or one of our other professional claims solicitors will advise you along the way
Call today on 0800 699 0079 to start your compensation claim!
Pothole Accident Compensation Claims Calculator
Unfortunately, pothole accident compensation claims in the UK are all too common due to ongoing poor road maintenance. Pothole accidents can affect people in vehicles, pedestrians and cyclists.
The amount of compensation you could be owed will depend on your unique circumstances and injuries sustained. However, if you want a rough estimate, use Tylers simple compensation claims calculator below!
Leg Injury Compensation Amounts
In these cases, you may have suffered from a minor to severe leg injury as a result of a pothole fall. These problems can range from simple fractures to long term immobility as a result of the fall. If you feel you could be entitled to claim compensation, contact our team today.
£8,00 to £35,000
Back Injury Compensation Amounts
In these instances, you may have sustained minor to severe back injuries as a result of your pothole fall. These types of injuries can range from short term exacerbation injuries to longer term back injuries such as damage to the spinal cord and the nerve roots.
Up to £32,000
Neck Injury Compensation Amounts
In these instances, moderate to severe neck injuries as a result of your pothole accident can affect your life from being off work to impacting your daily activities. The more severe neck injuries are those such as little movement in the neck and where surgery is needed.
Up to £85,000
Brain Injury Compensation Amounts
In these instances, brain injury and brain damage can be the most serious injury as a result of a pothole accident. Although, it’s uncommon, it definitely still happens and we’ve dealt with it before at Tylers. Contact our team today to find out more and claim the money you deserve.
Up to £125,000
Frequently Asked Questions
Why Should I Call Tylers No-Win, No-Fee Legal Claims Experts Today?
As there are so many pothole claims per year, there is a great deal of documentation and steps which must be taken at the appropriate time to ensure that you get compensation for your claim. Failure to produce the correct materials at the right time will greatly reduce your chances of winning your claim. Furthermore, when dealing with your local authorities and government, it is essential that a strong representative be on your side to minimise the risk of intimidation.
If you have suffered a road traffic injury as a result of an accident that wasn’t your fault then you may be able to make a claim. Call Tylers today on (freephone): 0800 699 0079 to see if you can make a claim today.
What Should I Know About Pothole Compensation Claims?
Compensation is based upon a number of factors and there is no specific amount which any claims office can guarantee. Primarily, compensation is based upon the gravity of the injury, the probability of an injury occurring due to the negligence of the party being sued, the duration of the injury, and the wages lost as a result of the injury.
Granted other factors do come into play such as how many claims have been filed against the said pothole, have reasonable measures been taken to fix the problem, and the location of the pothole on the road (was the hole avoidable).
All injuries should be documented and treated by a doctor, nurse, or medical professional. If you do not agree with the diagnosis of the medical professional, please seek an additional opinion from another professional.
What Can I Claim For After My Pothole Accident?
Depending on your unique circumstances and the injuries sustained, you may be able to claim for a wide variety of expenses lost due to the incident. The most common expense you can claim for is loss of earnings.
If you have been off work due to injuries as a result of your pothole accident, you can claim your money back. Furthermore, you may also be able to claim for medical expenses, general damages, travel expenses and other expenses.
Let’s Make Things Better
Start your claim today!