Whilst some car park accidents may be unavoidable, if another person was at fault, you could make a claim. Car park accidents could be caused by other drivers or by car park owners. You could make a compensation claim as long as another party owed you a duty of care which they have breached. In this road traffic accident claims guide we look at when and how you could claim compensation.
Key Takeaways In Car Park Claims
- You could claim compensation if injured in a car park accident which was not your fault.
Pedestrians could claim for slips, trips and falls in car parks. - You will need to provide evidence of how the accident happened, how you were injured and who was at fault.
- Successful car park accident claims could be awarded compensation for injuries, loss of earnings and costs.
- A No Win No Fee road traffic accident solicitor could help you to claim compensation
Get in touch with our team today for further information on road traffic accident claims.
- Speak to us on our live chat.
- Send a message and start a claim online.
- Call us on 0800 073 8801.
Browse Our Guide
- What Is Classed As A Car Park Accident?
- What Details Should Be Exchanged After Car Park Accidents?
- Common Causes Of Car Park Accidents
- Can I Claim For Whiplash After A Car Park Accident?
- How Much Compensation Could I Get From A Car Park Injury Claim?
- Collecting Evidence After A Car Park Accident
- How Could A No Win No Fee Car Park Solicitor Help Me?
- Learn More About Road Traffic Accident Claims
What Is Classed As A Car Park Accident?
Car park accidents involve incidents which occur within car parks. These could be a private car park at a supermarket, shopping centre or workplace. They may also include accidents in multi storey car parks and those run by local authorities.
A car park accident could involve a parked car, a moving vehicle or be caused by a lack of maintenance, such as by potholes. Collisions between vehicles or accidents involving pedestrians could all be considered car park accidents.
To make any type of road traffic accident claim you must show that another party was at fault. All road users have a duty of care to each other. They must use the roads (including car parks) in a way which is safe and which prevents harm. They must comply both with the Highway Code and the Road Traffic Act 1988.
To make a car park accident claim, you must prove that:
- Another party owed you a duty of care,
- They failed to uphold this duty of care
- As a result of this, you were injured.
Accidents may also be caused by the car park owner. Next, we look at whether you could claim if you tripped or fell in a car park.
Can I Claim If I Tripped And Fell In A Car Park?
If you were injured due to a slip, trip or fall in a car park, you could claim compensation from the car park’s owner. The owner of a car park, such as a private company or local authority, has a duty of care to ensure that customers can use the car park safely. This may include maintaining road surfaces, walkways, staircases and ceilings and preventing pothole accidents.
If you tripped on broken paving stones, a broken staircase or similar hazards you may have a claim against the owner of the car park. Under the Occupiers’ Liability Act 1957, the occupier of a car park has a duty of care to ensure it is safe for people to use.
In the next section we look at exchanging details of the accident with other parties.
What Details Should Be Exchanged After Car Park Accidents?
If you have been involved in a car park accident it is essential that you exchange certain forms of information with any other parties involved. Doing so ensures that you have a record of all necessary details. These may be used either in a personal injury or insurance claim.
Key details to exchange are:
- Vehicle information: this should include the registration number, make, model and colour for all vehicles involved in the accident.
- Personal details: you should exchange full contact information including names, addresses and phone numbers with anyone involved in the accident.
- Insurance details: you should write down the insurance details for all parties involved. This includes details of the insurance company and policy.
- Drivers details: further to the above, drivers should also exchange details such as their license information.
- Accident details: you should write down immediate details of the accident including the location, time and date of the accident.
- Witness contact details: you should note down the contact information for anyone who witnessed the accident.
Exchanging these details could help to make a claims process go smoother. Later in the guide we look further at types of evidence you could collect to support your claim.
Learn more about claims for car park accidents by contacting our team today.
Common Causes Of Car Park Accidents
Car parks can be busy spaces with moving vehicles and pedestrians. They may be used at any time of the day and could be poorly lit. Potential causes of car park accidents could include the following:
- Distracted driving – accidents could occur if a driver does not pay attention to other vehicles, pedestrians and their surroundings. Causes of distracted driving could include the use of a mobile phone or looking for a parking spot.
- Reckless driving or driving over the speed limit – reckless driving, such as failing to adhere to the car park’s speed limit could result in a collision or a car striking a pedestrian.
- Dooring accidents – opening a car door into the path of a cyclist or motorcycle user could cause an accident.
- Hazard lights – a driver may fail to switch their hazard lights on when stopped in an unexpected location, such as when obstructing the flow of traffic, causing a collision.
If you have been involved in a car park accident it is important to get help as soon as possible. Please contact our team to learn more about making a car park accident claim.
Can I Claim For Whiplash After A Car Park Accident?
The Whiplash Reform Program came into effect in 2021. This altered the way certain low-value road traffic accident claims are made in England and Wales. If your claim meets the criteria below, it will need to be made via a different avenue.
The criteria are that the person harmed:
- Was over the age of eighteen at the time of the accident.
- Was the driver or passenger of a vehicle.
- Suffered injuries, such as whiplash, which are valued at up to £5,000.
These injuries will be valued in line with the fixed tariff set out in the Whiplash Injury Regulations 2021. In our compensation table later in this guide we have included two entries from the fixed tariff.
Please contact our team to learn more about whiplash claims.
How Much Compensation Could I Get From A Car Park Injury Claim?
How much compensation may be awarded for car park accidents depends on several factors. These include what injury was sustained, how severe it was and what impact it has had on the victims daily life. In addition, factors such as financial losses and loss of earnings may be taken into consideration.
There are two types of compensation which may make up your final settlement. These are:
- General damages: These damages compensate for psychological and physical injuries.
- Special damages: These damages cover expenses which are related to your accident and injury.
As noted, factors such as the severity of an injury and its impact on your daily life may be taken into consideration. To help assess the value of your injury, your solicitor may refer to guidelines published by the Judicial College (JCG). This document includes a list of different types of injury as well as a compensation bracket for different levels of severity.
This table includes figures from the JCG. The first row is our illustration of what could be awarded for very serious injuries and special damages. It does not come from the JCG.
| Injury | Severity | Notes | Compensation |
|---|---|---|---|
| Multiple injuries | Severe forms of injury | Severe injuries where special damages (as discussed below) are also awarded. | Up to £1,000,000+ |
| Brain injuries | Very severe - A | The person may have little or even no response to their surroundings. | £344,150 - £493,000 |
| Neck injuries | Severe - A (i) | Injuries as serious as incomplete paraplegia. | Around £181,020 |
| Neck injuries | Moderate - B (i) | A fractured or dislocated neck. | £30,500 to £46,970 |
| Back injuries | Severe - A (iii) | Vertebral fractures or similar injuries. | £47,320 to £85,100 |
| Elbow injury | Severe - A | An injury which is severe and disabling. | £47,810 to £66,920 |
| Skeletal injuries | Le fort fractures - A | Affecting the frontal facial bones. | £29,060 to £44,840 |
| Knee injury | Severe - A (iii) | An injury which could cause instability or limited movement. | £31,960 to £53,030 |
| Whiplash | Whiplash with a psychological injury | Lasting 18-24 months | £4,345 |
| Whiplash | Whiplash injury with a psychological injury | Lasting 15 - 18 months | £3,700 |
Special damages could also be awarded for a variety of different costs, such as:
- Loss of earnings and income.
- Medical treatment.
- Medication, including prescription medication.
- Getting to medical appointments, such as public transport costs.
- Adapting your home or car.
- Child care if you are unable to look after your children during your recovery.
Please contact our team for a full assessment of what your car park accident may be awarded.
Collecting Evidence After A Car Park Accident
In order for your car park accident claim to be successful you need to prove both the cause of the accident and show who was at fault. Understanding how to prove who was at fault is an important part of claims for car park accidents.
At the accident scene you could collect evidence such as:
- Photographs which show the accident scene. These should show any damage to your or other vehicles and your injuries. You should also take photographs of any (potential) hazards which caused the accident, such as a pothole.
- Camera footage showing the car accident take place. This may come from CCTV footage which covers the car park or dashcam footage.
- Witness statements. You may ask for the contact details of anyone who witnessed your accident take place. They may later provide witness statements corroborating your account of events.
Additional forms of evidence you could collect may include:
- A copy of your medical records. You should obtain medical care for any injuries you suffered. This may be from paramedics, at a hospital or from your GP. You can request a copy of your medical records from the NHS.
- Any accident in a car park, whether involving another vehicle or a trip or fall caused by a pothole should be reported to the relevant authorities. This may include notifying the car park owner, car insurance providers or the police. You should obtain a copy of any official car accident report.
You may also keep a diary in which you document how the accident impact you and how your injuries progress. If you intend to claim for loss of earnings or other types of financial losses outlined in the previous section you must provide evidence of these losses. Evidence which may be submitted as part of your claim could include a copy of your relevant bank statement or a medical invoice.
One of our solicitors could help you gather evidence to prove your claim. Contact us to get help.
How Could A No Win No Fee Car Park Solicitor Help Me?
The first thing we should note is that you do not have to use a solicitor when making a car park accident claim. However, we do believe that there are benefits to doing so. A solicitor could provide help and advice on actions you could take, such as collecting evidence. They can also help to explain any technical legal jargon and guide you through the claims process.
If you choose to claim with one of our solicitors then you will not need to pay any charges for their services in advance. This is because our solicitors could handle your personal injury claim under a Conditional Fee Agreement (CFA).
By using this type of agreement a solicitor could help on a No Win No Fee basis. Your solicitor would only charge for their services when you are awarded compensation. Their fee would be charged as a percentage of your award. This ‘success fee’ is capped at a maximum percentage set by law. If you are not awarded compensation, there is nothing to pay.
Get in contact with our team for more help and advice with car park accident claims.
- Chat with us for free advice online.
- Submit an enquiry to start a claim online.
- Call our team on 0800 073 8801.
Learn More About Road Traffic Accident Claims
Here we have included helpful references as well as related guides from our site.
- Learn more about your legal rights if you had a car accident in this guide.
- Check the car insurance claim time limit here.
- You could claim compensation if you were hit by a car as a pedestrian.
Relevant external resources
- Get advice and information on first aid from the NHS in this resource.
- Find out what Stautory Sick Pay is and how you can go about claiming it in this guide.
- Read Highway Code rules on waiting and parking at this government page.
We appreciate you reading our guide on how to claim compensation for car park accidents. Please contact our team for answers to frequently asked questions about road traffic accident claims.
