Pothole compensation claims are one of the more common forms of accidents we pursue as a specialist injury law firm. They can be incredibly hard to win because the law is very on the side of the local authorities and councils.
That’s why it’s important to give yourself the best chance of winning by following these simple steps which can help us to make a better assessment of the claim and can help when it comes to evidence for a case.
Medical Help
First and foremost seek medical help because your wellbeing is of course the most important thing. Even if you don’t feel too bad, seek advice from your GP or visit a local walk in centre for advice and investigation. It can also help for a claim later on down the line as well because your medical records could be relied up as evidence of your injuries at the start.
Take Photos
Taking photos is key to allow us to properly assess the claim and also to allow the council or highways authority responsible to investigate the claim. The best way to do it is to take several shots from different angles, and include some with a measurement showing the depth of the hole. Make sure the camera is flat on to the pothole to show the accurate measurement of the depth.
Take photos of nearby landmarks so the location of the pothole can be easily identified. The council will normally outright refuse to investigate the claim unless they can accurately determine the pinpoint location for it. If there is a nearby street lamp with the number on it visible, or a nearby shop or road sign, use this to show exactly where the defect is located.
It can also help to draw a sketch plan of the location too, or mark it on a Google Earth or map image.
Before you take any steps – speak to us FIRST!
Many will want to report the accident to the council, but we always recommend speaking to us first because it may hamper the claim by reporting it before speaking to us. There are some steps we can take to help give you a better chance of success which can be very important because these claims are inherently hard to win.
The Highways Act 1980 gives them a special defence to a claim if they can prove they have a system of regular inspection and maintenance that they have adhered to. It’s extremely hard to get past this defence, so you normally face an uphill struggle in claims like these.
For free help and advice, call our dedicated claims helpline on 0800 634 75 75.
