Whether you have been injured in a pothole accident in a car park, on a pavement, on a public road, on a footpath or indeed in any other place, the pothole accident claims specialists at Thompsons in Scotland can help you secure compensation for your pain, injury, expenses and losses.
We have a strong track record of helping people in Scotland claim for this type of accident and may be able to secure settlement regardless of whether the incident occurred on private land or in an area that is the responsibility of a local authority.
When is a pothole considered a hazard?
Your pothole accident claim is likely to have greater chance of success if the pothole which caused you to trip meets the following criteria:
- It was on a footpath and was deeper than 22mm.
- It was on a road and was deeper than 40mm.
- It was in a high footfall area – i.e. a carpark, school, hospital or care home – and caused an accident without necessarily meeting either of the above-listed measurements.
Supporting your claim
Your claim will have a greater likelihood of success if it is easily supported by evidence. This is why you should, if possible, take photographs of the pothole which caused you to trip. Of course, it may not always be possible to do this in the immediate aftermath of an accident, so if you did not do so at the time of your accident, you – or someone close – can revisit the site with a camera and tape measure in order to take photographs and measurements to support your claim.
If you do not have a tape measure or ruler to hand, it may be useful to use a coin, lighter or other familiar object that can be used to indicate the size of the pothole. Be thorough and take numerous photographs which include lots of different angles.
Also, it is useful to trace and take the names of any witnesses to your accident, to notify the owners or managers of the land, to record a police incident number if relevant and, when possible, to obtain copies of any CCTV footage of the accident – the Data Protection Act gives you the legal right to request a copy of the footage.
Remember, once you report your accident, the party who is responsible for maintenance might act quickly to repair the pothole. As such, you should document the problem as soon as possible.
Seonaid Brophy
Seonaid Brophy
"If we're talking about a pothole, photographs measuring the defect, ideally using a ruler or a measuring tape so that we have specific measurements of that defect at the time of the accident."
Documenting your injury
In order to make a compensation claim, you must be able to prove that you have suffered a personal injury and that it was caused the by your pothole accident. Be sure to seek medical attention as soon as possible so that your GP or hospital can record details of your injuries on your medical records.
Time limits
You must begin your pothole accident claim within three years of the date of the incident or else risk it being time-barred. If you are under the age of sixteen at the time of the accident, and a claim is not made on your behalf by a parent or guardian, the three-year period begins on the date you turn sixteen.
Public liability claims
Any person who has suffered an accident in a public place can make a claim against the public liability insurance policy of the owner.
All local authorities and most reputable businesses will have public liability insurance in place to cover them for such incidents; however, this form of cover is not required by Scottish law. As such it is possible that the party responsible may not have insurance; if this is the case, you may still be able to claim, albeit directly from the at-fault party.
How much compensation for your pothole accident?
The amount of compensation you receive will depend on the severity of your injuries as well as the extent to which the defendant is deemed liable for your injuries. For example, in some cases injured parties may be deemed partially liable for their injuries, although in most pothole accident claims, the defendant is considered fully liable.
Pothole accident claims in Scotland
Thompsons Solicitors has offices in Edinburgh, Glasgow, Dundee, Peebles and the Scottish Borders and can help you claim compensation for your injuries wherever you live in Scotland.
We have established a national reputation as one of the leading personal injury firms in Scotland and win more than 90% of the cases we take on and each week secure around £1 million in compensation for our clients.
For more information about how we may be able to help you, visit your local office today or call our central number 0800 0891 331.
