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Claiming for a pothole – do I qualify as a claimant?

A 2021 survey for National Pothole day revealed that 21% of UK cyclists have been involved in a bicycle accident caused by a pothole and 80% have been forced to perform a dangerous manoeuvre because of a pothole. Here’s everything you need to know about cyclist pothole claims and how to claim compensation if you qualify as a claimant.

What is a pothole?

The local Highways Authority is responsible for repairing potholes. However, each council has different guidelines regarding the definition of a pothole, as well as what the depth and width of a pothole must be before any repair is necessary.

Report a pothole.

Why are potholes an issue for cyclists?

As revealed by the National Pothole Day Survey, around 22% of the cases of UK cyclists who’ve been involved in an incident due to a pothole have resulted in a personal injury ranging from mild to severe.

How to ride over potholes safely

It isn’t always possible to avoid potholes but here are a few tips for riding on a poor road surface with potholes:

  • Keep a relaxed position when riding by lifting yourself from the saddle and keeping your elbows bent to absorb the impact.
  • Look as far ahead as possible to spot any dangerous potholes and ensure you have enough time to react.
  • Steer as straight a course as possible and meet the defect straight on
  • Release the brakes

Can I make a pothole claim?

If you’ve experienced an injury caused by hitting a pothole on your bicycle, then you may qualify as a claimant and be able to make a cyclist pothole claim for personal injury. Use our cycling injury claims calculator for an indication of how much compensation you may be entitled to.

What should I do after an accident caused by a pothole?

  • It’s essential to identify the actual defect, even if there is a shoal of them.
  • The measurements must be obtained as a matter of urgency to evidence the dimensions as close in time to the event as possible.
  • DO NOT report the defect to the HA until legal advice has been obtained. (Because the HA response will be ‘thanks for telling us, no, we didn’t know, we’ll go mend it’). Instead wait and watch and see if/when it actually is repaired.
  • Additionally, take the bike back to the defect and take a picture of the wheel in the defect.

1.    Prioritise Health and Safety

If you experience a bicycle accident caused by a pothole or other highway defect, then the health and safety of all involved should be your first priority. If the impact causes you to dismount and land forcefully, then you must call for medical assistance immediately as you may have dislocated a shoulder or hit your head and are potentially concussed.

2.    Identify and photograph the pothole (or potholes)

To reduce the likelihood of the local authority denying your cyclist pothole claim, it’s important to get as much photographic evidence from the scene as possible. Take images of the pothole (in context to surrounding landmarks) and your bicycle if there is any visible damage, such as a buckled wheel. It is also worth placing the wheel into the pothole, and photographing it in context.

You may also be able to prove the pothole is long-standing by taking images of any vegetation forming or litter in the pothole.

3.    Take the Pothole’s measurements

To make a successful pothole claim, the measurements must be obtained as a matter of urgency, including the length, width and depth. This is known as pothole profiling and can be done by a professional or yourself using a ruler or tape. To claim compensation for a pothole bicycle accident, you must prove the pothole has a surface dimension of over 300mm, a sharp lip, and a depth of over 40mm.

4.    Speak to the locals

Another way to prove a pothole is long-standing and improve your changes against the local authority is to speak to the locals and find out how long the pothole has been there. If it has been there for ‘months’, ask to take the contact details of the witness, as their account may strengthen your pothole claim.

It is also important to report the incident to the police, and to start legal proceedings before reporting the road defect to the local council or housing association. As doing so may mean that the pothole is repaired before investigations into the incident can take place.

5.    Make a Pothole Claim

After experiencing a personal injury caused by a pothole or other road defect, you will qualify as a claimant and be able to make a pothole claim for compensation. The compensation amount you receive will depend on your unique circumstances and the severity of your injury.

Cyclist Pothole Claims with Cycle SOS

At Cycle SOS, we specialise in cycling accident claims and can help you receive the personal injury compensation you’re entitled to. Our no-win, no-fee basis also means that you’ll only pay the legal costs if your cyclist pothole claim is successful.

Our team of personal injury solicitors is aware of the dangers of potholes for cyclists and the harm they can cause. Therefore, we collaborate with organisations such as Cycling England to advocate against the prevalence of potholes throughout the United Kingdom.

For more information about our services, or to start your pothole claim, call 0808 100 9995 and speak to one of our specialist solicitors. We’re here to help. You can email us or schedule a callback. or start your pothole claim.

And if you are a keen cyclist, you might want to explore membership opportunities with our partners, Cycling UK. A membership gives you access to legal support, insurance support, tips, advice and much more.

Written By:

Emily Pheysey

Litigation Executive

Emily has over 7 years of experience in the legal sector, handling road traffic accident claims to recover compensation and support her clients. Her focus is to ensure all clients feel comfortable and at ease with the claims process so that they can focus on their recovery.

Emily considers rapport to be an essential part of the role and strives to always provide excellent client care.

Away from work, Emily enjoys spending time with her family and friends and travelling as much possible.

Diane Holderness

Litigation Executive

Diane is a Ministry of Justice (TOJ) Team Leader within our Cycle Department. She has 11 years’ experience managing road traffic accident claims, and 6 years’ experience managing MOJ claims.

Diane enjoys a challenge and always strives for the very best results for her customers; something that is clear in the way her team continually adapts its strategies in order to secure the most desired outcome. Diane has worked her way through the legal ranks here, and is proud to now have a strong, specialist team that is committed to customer satisfaction.

Diane believes that happy clients make a happy working environment, and it is this that ensures a productive and efficient workforce.

Nina Haddock

Chartered Legal Executive

Nina has over 30 years’ experience in the legal sector. She specialises in recovering compensation for injury claimants as a result of road traffic accidents. Her focus for each and every claim is to help her clients secure the funding that they need to pay for ongoing treatment and support.

Nina became a CILEX Fellow in 2006 and now helps her clients and their families at a time when they have been through a traumatic experience, and everything they hold dear to them appears to be changing.

One case Nina is particularly proud of is supporting a client who had successfully sought asylum in the UK, following a road traffic accident. The claim was successfully pursued through the MIB and the client was left with significant injuries. Her client was able to use the compensation to aid family members with their applications to seek asylum in the UK.

Julian Fox

Cycling Accident Solicitor

Julian qualified as a Solicitor in 2005 and has worked in all areas of personal injury since 2000. Julian has a well-rounded understanding of personal injury law, having represented both claimants and defendants.

Julian always aims for maximum damages to meet his clients’ needs for injury and rehabilitation expenses, and can often secure interim payments to help meet clients’ financial needs. Julian is highly proactive in ensuring cases are progressed, ensuring a timely conclusion.

When not at the office, Julian is a keen cyclist, both on roads and virtually -he will often do an hour of ‘Zwifting’ in the mornings before starting work.

Richard Atherton

Cycling Accident Solicitor

Richard has 12 years of legal experience and qualified as a Solicitor in February 2014. He has been a Team Manager with us since 2019. Throughout his career, Richard has specialised in personal injury, handling an array of Road Traffic Accident cases, in addition to employer and public liability.

Richard prides himself on his very strong strategic and planning skills, which come into their own in complex injury cases where more technical arguments are involved. On every case, he is committed to ensuring that his clients receive full compensation for their injuries.

Away from work, Richard enjoys sport; he is a season ticket holder at St Helens Rugby Club and a Liverpool FC fan. Not only a spectator, Richard also likes going to play golf as often as he can.

Dave Gardner

Litigation Executive

Dave has over 20 years of experience in the legal sector. His specialism is personal injury and he has dealt with hundreds of cycling injury claims during his career. Excellent client care and communication is paramount to Dave. He prides himself on being accessible and available, attending court hearings where damages are in dispute to ensure the best outcome for his clients. One case Dave is particularly proud of is when he supported an elderly client who suffered serious injuries following a road traffic incident. The police had not taken any action against the defendant, so Dave had to be proactive and act within a 24-hour window. The case proceeded and the client was in receipt of £30,000 in damages, which he would not have been entitled to had the client not approached Dave. He is also an avid supporter of Glasgow Rangers and travelled abroad on many occasions to see them play in European competitions.

Gerard Horton

Partner

Gerard is a Senior Solicitor at Cycle SOS. In his 13 years of experience, Gerard has built a national reputation in the catastrophic injury sector, dealing with high value and complex cases. Alongside his legal role, Gerard supports several charities including Headway Central Lancashire, Northwest Regional Spinal Injuries Centre and spinal injury charity, Back Up.

Julia Eyton

Partner

Julia brings a wealth of knowledge and expertise to the Cycle SOS team.

Specialising in representing those who have had life changing injuries, Julia handles some of the most serious and complex personal injury cases both within Cycle SOS and nationally.

She often works on high value claims and is skilled in winning complex liability cases.

NADIA KERR

Partner

Nadia has over 30 years of legal expertise and has represented hundreds of vulnerable road users. With a focus on ensuring timely rehabilitation, speedy repair or replacement of bikes and kit, and securing fair compensation, Nadia is committed to advocating for justice and client rights. Alongside her legal career, Nadia actively participates in national campaigns to benefit vulnerable road users and acts as a Trustee/Director for the national cycling charity, Cycling UK. Nadia was named in Cycling UK’s ‘100 women’ and was a founding member, now running a women’s cycling group, TeamGlow in South Manchester. Among her many achievements, Nadia takes pride in her spot on BBC Breakfast, where she provided expert commentary on long term government funding for pothole repairs.

Caroline Morris

DIRECTOR OF SERIOUS INJURY

Caroline has specialised in personal injury for over 25 years, recovering more than £56 million in damages during that time, to help clients rebuild their lives after injury.

Caroline is committed to achieving rehabilitation options early, meaning her clients benefits from the best care and treatment at the earliest stage possible.