Can I Claim for Potholes in Roads and Walkways Which Have Caused Injury?

It has been estimated that there are over 200,000 potholes on UK roads, according to reports from Britannia Rescue. This number is an increase from prior years, which has led to an increase in accidents caused by potholes. Where the UK cut the budget to perform maintenance and repairs on the roads in 2012 which led to more damage. Since that time, George Osborn has announced that an overhauled budget will go to replace and repair roads. Yet, this news may come too late for some drivers and pedestrians. Per there was a 79% increase in pothole compensation claims his year. Clearly, it is an issue which should be discussed.

Do I Need to File Against the Government or Against an Individual?

There are two major ways in which a person can file a claim. The most popular is to file the pothole claim with the government. However, if your vehicle or your person was injured due to debris from another vehicle the government will not allow you to file a claim of compensation with the Highways England, even if the cause of such debris falling off the vehicle is a result of a pothole on a roadway. In such cases, you will need to file a claim against the driver of the vehicle for negligence to secure the debris.

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 the government 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. These steps are as follows:

  • Take Pictures and gather documentation
  • Report the pothole to the highway agency
  • Submit a freedom of information act to get information on maintenance and repair on the road
  • Contact a claims expert so they can review the national code, obtain additional information, and file your claim

Perhaps one of the more common rejections is found in section 58 of the Highways Act. Basically, this rule states that should the highway have been inspected and the guidelines (reasonably) have been met to maintain the roads 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 hat he 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 for a claim. Additionally, if the vehicle has been wrecked beyond repair or if your insurance company refuses to compensate for the repairs, you should file.

Any injury which results from a pothole that has already been reported to highway maintenance and has since that time resulted in injury have grounds for a claim due to negligence to fix the problematic pothole.

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.

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 the 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.

Need more information? Don’t worry, our expert claims solicitors will advise you along the way

Call today on 0800 699 0079 to start your compensation claim!

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