A pothole generally needs to be at least 40mm deep on a road or 25mm deep on a pavement in order to make a claim.
We are a claims management company that can help you make a personal injury claim. Call us free on 0800 470 0472
How Deep Does a Pothole Have to Be to Claim Compensation?
Potholes are a growing problem across the country. Over a million of them can be found on UK roads, and their impact is substantial, with more than 10,000 personal injury claims made each year solely for pedestrian trips and falls.
They also pose a significant risk to other road users, with about 1,766 drivers having suffered pothole-related accidents between April and June of 2020 alone.
If you have been injured because of a pothole, you may be entitled to claim compensation. However, not every pothole accident will result in a valid claim. Read on to find out how deep a pothole has to be to claim compensation, what other criteria must be met and who might be responsible for your injuries.
Table of Contents
What is a pothole?
A pothole is a hole or depression in a road or pavement, typically caused by gradual erosion or wear and tear. Potholes begin as small cracks on the road’s surface, often caused by constant traffic or poor construction.
Gradually, rain and melting snow seep into these cracks and can reach the layer beneath the asphalt. When the water freezes during winter, it expands, causing the road or pavement to crack even further.
When the water melts, it leaves an empty space beneath the road surface. The constant weight of foot traffic or vehicles will cause it to gradually weaken and crumble, creating a pothole.
What is a claim for pothole damage?
Potholes can range from shallow dips to deep cavities that pose a serious risk to drivers, cyclists, and pedestrians. Even a relatively small pothole can cause injuries, such as falls, twisted ankles, or vehicle accidents, when hit at high speed.
When this happens, you may be able to make a personal injury claim and seek compensation for your pain, suffering and any related financial losses and expenses.
However, not every injury will entitle you to make a pothole accident claim. The following criteria must be met to be eligible for compensation:
- Another party had a legal duty of care to maintain a road or pavement.
- They breached this duty and failed to repair a pothole within a reasonable timeframe.
- The pothole directly caused your injury and meets the criteria described in the section below.
How deep must a pothole be to have a valid claim?
Not every pothole injury or accident will be valid grounds for a pothole claim. Road authorities and local councils usually set the following thresholds for a pothole to be considered a dangerous, actionable defect:
- At least 40 mm deep, or about the height of two stacked 20p coins, on roads.
- At least 25 mm deep of pavements and footpaths.
- Sometimes, a width of at least 300 mm is also required for a pothole to be deemed dangerous.
However, keep in mind that these measurements are more of a rough guideline instead of a hard rule. You could make a successful claim even if a small pothole has caused your accident, especially if:
- It was located in a high-risk area.
- The damage or injury it caused is severe.
You should never assume that you are unable to make a claim before seeking advice from a specialist personal injury solicitor.
Do I need to report a pothole before making a claim?
While you don’t legally have to, it is a good idea to report the pothole to the relevant authority before starting a pothole injury claim. The ways in which you can report a pothole include:
- Online, via the National Highways portal or the GOV.UK pothole reporting service.
- Through the dedicated phone or email address of your local council or National Highways.
- Through a mobile app such as FillThatHole or FixMyStreet.
It is always a good idea to report a pothole. This can significantly strengthen a future claim because:
- It creates an official record that it existed at the time of your accident.
- It will help confirm exactly where and how deep it was when your accident occurred.
- If the defect is reported but not repaired, your claim will be stronger.
- It will prove that you acted in a timely and responsible manner.
- It can help begin the repair process so that other accidents can be prevented.
You should also take photos of the pothole (using an everyday object for scale) and gather evidence of the damage it has caused.
Who is responsible for fixing potholes?
Responsibility for fixing a pothole will mainly depend on the type and location of the road or pavement. Various parties could be liable for an accident caused by a pothole, including:
- Local councils must maintain most public roads, pavements and cycle lanes.
- National Highways maintains England’s major A-roads and motorways.
- Traffic Wales, Transport Scotland and the Department for Infrastructure (Northern Ireland) are responsible for major roads in their respective regions.
- Private owners, such as car park owners, must repair defects on their property.
- When carrying out work, utility companies must restore all pavements and roads to the condition they were in when they began.
Can a pothole compensation claim be defended?
Yes. Pothole damage claims can be defended, and the local and highway authorities often do so by arguing that:
- They had a reasonable system of inspection and maintenance in place under Section 58 of the Highways Act 1980.
- The pothole had not been reported and was not present during the last inspection.
- Repairs were made within a reasonable timeframe after that damage was reported.
- The pothole did not meet the minimum threshold depth for urgent repair (usually 44 mm).
- You were partly to blame for your accident, by not paying attention or driving too fast.
These defences are common, and your solicitor will know what legal strategy to use to beat them. Strong evidence, such as clear photos, witness statements and proof that the council was or should have been aware of the defect, can greatly improve your chances of success.
What accidents and injuries could potholes cause?
A pothole can lead to various types of accidents and injuries, depending on its size and location. For example:
- For drivers: Loss of vehicle control leading to crashes and injuries such as whiplash, airbag injuries and back injuries.
- For cyclists and motorbike riders: Falls and collisions can result in road rash, severe fractures and head injuries.
- For pedestrians: Trips and falls can result in ankle sprains, cuts, or broken bones.
Key takeaways
Generally, a pothole must be at least 40mm deep on roads or 25mm deep on pavements to be considered dangerous and prioritised for repair.
If it meets these criteria and the highways authority has been negligent, you may be entitled to claim compensation for pothole damage. However, you could make a successful claim even if the pothole is shallower, especially if you suffered serious injuries.
Claims are usually made against the local council or highways authority responsible for maintaining the area. Evidence such as clear photos of the pothole, witness statements and medical records is essential to claim compensation for pothole damage.
To learn more about how deep a pothole has to be to claim compensation and whether you could start a claim, call 0800 470 0472 today for a free case assessment or request a call back.
