Making a successful pothole claim is not an easy thing to do. The law that applies when investigating and finding out whether you are entitled to compensation for a pothole accident is not on the side of the victim at all.
On top of that, courts generally do not like cases against the public sector, so even where we believe you have a genuine claim you may still not win.
This, of course, leaves the question: what’s the best way of making a successful pothole claim?
The law
The best place to start would be with a brief look at the law…
When you make a pothole claim against the local authority you will normally apply The Highways Act. However, the local authority has a special defence within the Highways Act that means they do not have to pay out where:
- They have a reasonable system of inspection and maintenance to look out for and rectify potholes; and
- They have upheld the system they have in place; or where
- The pothole is not classed as dangerous enough to warrant intervention; or
- A reported pothole is made safe or repaired within a reasonable time frame
The issue really is that the frequency of inspection is largely dependent on how busy and used an area is, yet a pothole can form overnight. Ultimately if it forms between inspection periods then the local authority can argue that they have upheld their duty and can defend the claim very easily.
You could trip on a pothole on a road where the inspection isn’t due to take place for another few months. If that’s the case, the claim can very easily be defended.
So how do I make a successful pothole claim?
Ultimately you may have to be clever.
Firstly, you need to evidence everything first with photos showing clear measurements of the dimensions (primarily the depth) of the pothole. The images need to show clear side on views so the depth of the pothole is visible, and taking some photos of the surrounding area is useful as well.
Next you need to call The Injury Lawyers before you do anything else. Seek legal advice from us by calling 0800 634 7575 before you take any actions to report the defect as well.
We can then discuss your case and see what the best steps to take next and ensure the success of your pothole claim as much as possible.