Potholes lead to increased Scottish traffic accident claims

Due to freezing weather leaving Scotland’s road network pitted with potholes, traffic accident claims have increased significantly.

Thousands of emergency repairs are currently being carried out on roads in Scotland due to winter weather.  Car accident claims caused by potholes are a serious problem as evidenced by the 1,200 potholes earmarked by Edinburgh City Council in need of urgent repair jobs.

Many drivers in Scotland have been filing for personal injury compensation from local authorities to pay for the damages caused to both themselves and their motor vehicles in lieu of making claims against their insurance policies.  Motorists have been doing so in order to avoid having to pay excesses and also to preserve any no-claims bonus they may have accumulated through careful driving.

Local authorities have responsibility for maintaining and managing public roads in their respective areas under Scotland’s 1984 Roads Act.  Under the regulations these local authorities are responsible for keeping roads free from defects and in safe conditions that would eliminate the risk of any reasonably foreseeable injury or damage.

As a result these authorities may be responsible for awarding compensation caused to both drivers and their cars caused by run-ins with potholes.  If a driver can prove that it was both practicable and reasonable for the local authority to be aware of the pothole but the local council failed to maintain and manage the damage, they can successfully claim damages.

Industry experts advise motorists who suffer injuries or damage due to potholes to gather an abundance of evidence regarding the incident.  Properly documenting both the pothole and the damage it may have caused through photography or hospital bills will help to solidify drivers’ claims.  Additional information such as the weather conditions at the time of the incident and the size and location of the pothole can also be helpful.

In regards to repairing any vehicle damage, experts maintain that obtaining quotes from several different garages will aid in proving repair costs.  In the event that a vehicle requires urgent repair, motorists are urged to keep all invoices and receipts to properly document any claims.

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