I was injured when my car hit a pothole, can I make a claim?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    I was injured when my car hit a pothole, can I make a claim?

    The bad winter weather we have experienced in recent years in the UK has led to an increase in the number of potholes appearing in the roads. This typically occurs when salt is used to melt ice and snow. Water can also sit on the surface, freezing and then melting again. All this takes a toll on the road (and pavements as well) causing it to break up and create potholes.

    Can I claim for injuries caused by hitting a pothole?

    Some potholes can be large and fairly deep as well. You don’t need to be driving at a high speed to incur an injury by driving over a pothole. The effect of your front wheel going into the pothole can result in injuries such as severe bruising or whiplash. As you can see, your car is not the only thing that can suffer as a result of hitting a pothole. If the local council was negligent in not fixing the road, then you may be eligible to make a claim for compensation.

    Do I need to seek medical attention?

    The most important thing to note is to seek medical help if you think you have been injured by your car hitting a pothole. This will enable you to get a professional and official diagnosis for your injury. This in turn will form part of the evidence to put forward when making your case. It is also a good idea to take a photo of the pothole you hit, as well as any damage done to your car. As far as medical assistance is concerned, seek it out even if you think your injuries are fairly minor. Whiplash is notorious for developing after an accident rather than at the time, and it can get worse before it improves. The sooner you can get help and advice for your injuries, the sooner you can start to recover.

    Should I get in touch with an injury solicitor?

    Once you have received the appropriate medical treatment, you should seek the advice of a professional solicitor to enquire about making a no win no fee claim against the council responsible for the road surface where your accident happened. This is the first step to see whether you have a case to make a successful claim and it costs nothing to find out. Since your injuries may have been the result of negligence by the council, you could be able to claim for compensation.

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