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Written By: Khan Law Admin
Written On: 20 November 2025
Potholes are a recurring issue in Scotland, causing injuries and costly damage to vehicles, bicycles and personal property. If you have suffered injury or loss because of a pothole, you may be entitled to claim compensation. This guide explains how pothole claims work, what must be proven, and how Khan Law can assist you.
How Pothole Claims Work in Scotland
A pothole claim arises when a defect on a public road or footpath causes injury or financial loss. Local authorities in Scotland are responsible for ensuring roads are kept “manageable and maintainable” under the Roads (Scotland) Act 1984. Although the Act does not dictate repair times or defect measurements, it requires local councils to operate a reasonable system of inspection and timely repair.
Claims typically involve situations where a driver hits a deep pothole and damages their vehicle, a cyclist is thrown off balance, or a pedestrian trips due to a defect in a footpath. In each case, the question is whether the authority should reasonably have identified and repaired the defect before the incident occurred.
Legal Requirements for a Successful Claim
To succeed in a pothole claim, you must generally demonstrate four elements. First, the local authority must have owed a duty to maintain the road – which is almost always the case for public roads and pavements. Second, there must be evidence of a breach of that duty, meaning the authority either knew or should have known about the defect but failed to act. Third, you must show that the defect directly caused your injury or damage. Finally, you must have suffered a measurable loss, such as medical expenses, repair costs or lost earnings.
Scottish case-law confirms that the courts examine whether the authority’s inspection regime was reasonable, not whether every defect was identified immediately.
Does Size or Depth Matter?
While there is no fixed legal threshold for how deep a pothole must be to qualify for a claim, guidance used by solicitors and seen in practice suggests that defects around 40 mm in depth on roads, and around 20 mm on pavements, are more likely to be considered hazardous. These figures are not statutory and should not be treated as automatic indicators of liability. Other factors, such as the location’s use and vulnerability of pedestrians, can also influence whether a defect is deemed dangerous.
Gathering Evidence After a Pothole Incident
Evidence is crucial in pothole claims. Photographs of the pothole, ideally showing depth and scale, are extremely helpful. Noting the precise location, such as by taking a picture of a nearby house number or using a mapping app, can assist in identifying the responsible authority. Photographs of injuries or vehicle damage, together with repair estimates or medical notes, help establish the extent of your loss.
Reporting the defect to the local authority as soon as possible is also beneficial. A solicitor can then request inspection logs, maintenance schedules and any previous reports from the council. These records often play a decisive role in determining liability.
How Local Authorities Evaluate Claims
When a claim is made, the council will examine its internal records. They generally look at when the defect was first reported, when the road or pavement was last inspected, and whether the defect met the criteria for repair under their policy. Common responses include saying the pothole had just formed, that no prior reports were received, or that inspections were carried out on schedule. These statements can be challenged if evidence shows otherwise.
Time Limits in Scotland
Strict time limits apply to pothole claims. Personal injury claims must normally be brought within three years of the accident. Claims for vehicle or property damage often fall under a five-year time limit. Because potholes are frequently repaired soon after an incident is reported, early action helps ensure the necessary evidence is preserved.
What Compensation May Cover
Compensation can include solatium (for pain and suffering), the cost of medical treatment and rehabilitation, lost earnings, travel expenses, and property or vehicle repair costs. Where a claimant is partly responsible for the accident, such as by failing to take reasonable care, compensation may be reduced to reflect contributory negligence.
How Khan Law Can Assist
Khan Law specialises in representing clients in pothole and road-defect claims across Scotland. We assess the circumstances of your incident, advise you on whether a claim is likely to succeed, gather evidence including council maintenance records, and handle all communication with authorities and insurers. Our solicitors work to secure the best possible settlement and can offer “no win, no fee” arrangements where appropriate.
Start Your Pothole Claim in Scotland
If you have been injured or suffered damage due to a pothole on a Scottish road or pavement, you may have a valid claim. Early advice can make a significant difference to the outcome. Contact Khan Law today for a free, no-obligation consultation to discuss your potential pothole claim.
To speak to our team, call 0141 378 0514 or complete our confidential online enquiry form down below. We are ready to help you get answers — and the compensation you deserve.