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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    Claiming for damages caused by potholes


    Potholes in the road are a problem for all drivers. Hit one of these and you could have damage caused to your car running into three or four figures to repair. It is unfair to be left with a big bill when you were not the cause of your own misfortune. That is why it is important to know the ins and outs of claiming for damages caused by potholes.

    Who do I claim against?

    This will depend on the type of road where your car was damaged. If it was on a motorway or trunk road your claim for pothole damages would be made against the Highways Agency. The Agency has a statutory duty to keep these roads maintained and in good condition. For other roads the claim will be made against the local council responsible for the particular stretch.

    The Highways Agency and local councils are public bodies, but that does not mean they are readily willing to accept liability. Insisting they are custodians of the public purse they may refuse to admit liability, instead declaring they took reasonable steps to ensure the road was safe to drive on. However, this need not be a one-sided battle as there are people well qualified and capable of providing advice, assistance and representation when you pursue your claim.

    Where do I find legal advice?

    Should you decide to pursue a claim for compensation our solicitors and staff will be willing to assist you.  We are well experienced in dealing with these types of cases and will endeavour to help you receive every penny you are entitled to.

    What should I do at the scene of the accident?

    As with any accident it is important to get as much information as possible. If people saw you hitting the pothole try and get their names and addresses as their witness statements could be crucial when it comes to us putting together your claim for pothole damages. If you have a phone camera with you at the time take a picture of both the pothole and damage to your car as this could also be crucial evidence.

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    If the pothole was on a trunk road or motorway there could be problems gathering evidence. One reason is safety, especially on busy trunk roads. Also it would be against the law, and extremely dangerous for you to wander across the lanes on a motorway to take pictures of the pothole. However, if the police turn up at the scene it is a good idea to take the name and force number of the investigating officer. You can also enquire whether there is any CCTV footage available of the accident.

    Should the council or Highways Agency claim they took all reasonable steps to ensure the road was in good condition you can also make a Freedom of Information request about when the road was last inspected and underwent maintenance.

    How much will legal advice cost?

    We will represent you in your damage caused by pothole claim on a no win no fee* basis. This means that if your case is lost you will not need to pay us anything.  

    Date Published: October 14, 2013

    Author: David Brown

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.