Car parks are used every day by millions in the UK. However, personal injuries can sometimes occur if other motorists are negligent, resulting in life-changing consequences.
If you have been injured by the fault of someone else in a car park accident, you might be able to start a compensation claim. Keep reading to learn more about car park accident claims.
Important Points
- You could make a No Win No Fee personal injury claim with a solicitor from our panel.
- When claiming compensation, this could be for the physical, psychological and financial damage you have experienced.
- Generally, you have 3 years from the date of the car park accident to start your claim.
- Depending on who is liable, you could claim against a local authority, private land owner or another road user.
- You will need evidence to help prove your car park accident.
Contact Us
To learn more about getting started with your car park accident claim, contact our friendly advisors by:
- Calling us on 0800 408 7825
- Filling in our online claim form
- Using our live chat
Jump To A Section
- Can I Make A Car Park Accident Claim?
- How Is Liability Determined In Car Park Accident Claims?
- What Are Some Car Park Accident Examples
- How Much Car Park Injury Compensation Could I Get?
- How Can I Make A Claim After An Accident In A Car Park?
- No Win No Fee Car Park Accident Claims
- Learn More
Can I Make A Car Park Accident Claim?
You could start a car park accident claim provided that your case fulfils the eligibility criteria needed:
- Someone owed you a duty of care
- The person who owed you this duty breached it
- The breach ultimately led to you suffering injuries
These three factors constitute negligence, which forms the basis of all personal injury claims.
So long as the requirements are present, anyone who is injured in a car park accident as a result of someone else’s negligent actions is eligible to make a claim. This could include:
- Drivers
- Cyclists or motorcyclists
- Passengers
- Pedestrians
If you have any questions about whether you are eligible to claim, please get in touch with us today. Our advisors are available to discuss the validity of your claim and provide free advice as part of their services.
How Is Liability Determined In Car Park Accident Claims?
Depending on how your injuries occurred, different people could be held liable. We discuss below how legislation can determine liability:
Occupiers’ Liability Act 1957
In line with the Occupiers’ Liability Act 1957, individuals or organisations responsible for land or property which is used by members of the public, such as car parks, must take all necessary steps to ensure the reasonable safety of visitors. This can include regular maintenance and risk assessments.
An example of how an occupier might be liable for your injuries could be if there is a defect in the car park, such as a pothole, that has not been signposted or repaired within a reasonable timeframe. This causes you to suffer a leg injury as well as damage to your vehicle. Here, the car park owner could be held liable for any injuries caused.
Highway Code and Road Traffic Act 1988
All road users need to adhere to the Highway Code and the Road Traffic Act 1988 as part of their duty of care. Per this duty, they must use the roads in a way to prevent causing harm or damage to others. They can do this by adhering to speed limits, ensuring they properly appreciate their surroundings, and giving way to pedestrians where required.
Failure to uphold this duty can result in car park accident claims. To find out who might be liable for your injuries, contact us today, and our helpful advisors will be happy to discuss this with you.
What Are Some Car Park Accident Examples
There are various ways in which car park accident claims can arise, but below we outline some of the most common examples of how negligence could occur:
- A driver is speeding while using the car park, causing them to lose control of their vehicle and hit you as a pedestrian, causing you to suffer multiple serious injuries.
- A driver is under the influence of alcohol or drugs, which causes them to pull out of the car park without fully assessing their surroundings and hit your vehicle, causing you to suffer a broken leg.
- You drive into a parking spot and hit a pothole that had not been signposted or repaired within a timely manner, causing your car to jerk forward and crash into a pole. This causes you to suffer whiplash.
- A driver goes down a one-way lane the wrong way, causing them to hit your car, which was using the lane correctly. This causes you to suffer a broken arm injury.
These are not the only ways in which car park accident claims could arise, so if your case looks a bit different, please don’t worry. Get in touch with our advisors today to discuss your case.
How Much Car Park Injury Compensation Could I Get?
How much compensation you could get following a car park injury will depend on whether you are eligible for the two heads of claim that could be awarded. These are general and special damages.
Your general damages are compensation for the intangible losses caused by your injuries. It can consider the pain, suffering, and any loss of amenity felt. So, if your car park accident has left you unable to enjoy hobbies the same way you could before the accident, this can also be assessed as part of your general damages.
Special damages, on the other hand, are a head of loss concerned with the financial losses caused by your injuries. We explore this in depth in our section below.
When your general damages are being calculated, the solicitors responsible might refer to frameworks such as the Judicial College Guidelines (JCG). This document sets out various severities of injuries alongside guideline compensation brackets.
Our table below includes some of these compensation guidelines, except for the first entry which has not come from the JCG.
| Injury | Compensation |
|---|---|
| Multiple severe injuries as well as special damages such as loss of earnings. | Up to £1,000,000+ |
| Paralysis Injuries Tetraplegia (also known as Quadriplegia) | £396,140 to £493,000 |
| Paraplegia | £267,340 to £346,890 |
| Brain Damage Very Severe | £344,150 to £493,000 |
| Brain Damage Moderately Severe | £267,340 to £344,150 |
| Back Injuries Severe (i) | £111,150 to £196,450 |
| Neck Injuries Severe (ii) | £80,240 to £159,770 |
| Neck Injuries Severe (iii) | £55,500 to £68,330 |
| Leg Injuries Severe (iii) Serious | £47,840 ro £66,920 |
| Pelvis and Hips Moderate (ii) | £15,370 to £32,450 |
| Whiplash and psychological injuries Lasting longer than 18 months but less than 2 years | £4,345 |
| Whiplash injuries Lasting longer than 18 months but less than 2 years | £4,215 |
Can I Claim Special Damages For Car Park Accidents?
As we explored above, if your claim is successful, you could also be eligible to claim special damages for the associated financial losses you have suffered. These could include:
- Lost earnings, if you’ve been left unable to work due to your injuries, you might’ve suffered a loss of wages of current or future earnings
- Medical expenses, for example, prescription costs, mobility aids or reconstructive surgeries
- Damage to the vehicle or personal belongings
- Travel costs, for things like taxis to and from medical or legal appointments
- Care costs, which could be gratuitous care or professional carers
However, in order to claim this head of loss, you must hold evidence of these financial losses. Your evidence may include invoices, payslips, or receipts.
A solicitor from our panel could help you collate this supporting evidence. Contact us to learn more about how compensation could help you.
How Can I Make A Claim After An Accident In A Car Park?
A crucial step in making car park accident claims is collecting evidence. This evidence needs to prove who was responsible for your accident and what injuries you suffered.
Examples of evidence you could gather include:
- CCTV footage or dashcam footage if the accident was caught on camera
- Medical or GP records to detail your injuries and any treatment
- An independent medical assessment, which our team could help arrange
- A copy of your insurance policy and the contact details of the other party involved in the accident
- Details from any witnesses who could later provide a witness statement
- Photographs of any visible injuries, hazards at the car park or pictures of the location itself
You don’t need to gather this evidence on your own. A solicitor from our panel could help you with this as part of their services.
Time Limits For Car Park Accident Claims
In addition to compiling evidence, you must ensure that your claim is initiated within the permitted time limit. Under the Limitation Act 1980, most compensation claims must be started within 3 years of the accident.
There are, however, two exceptions which apply:
- Claimants under 18 will instead have 3 years from the date of their 18th birthday to start a personal injury claim, as children under 18 cannot claim on their own behalf.
- Those who are mentally incapacitated or lacking the mental capacity to claim on their own behalf will have their time limit paused until they fully recover, if this is possible.
In both of the above circumstances, a litigation friend can be appointed. This is a trusted individual who is authorised to claim on behalf of another person while they are unable to make their own claim.
If you have any questions about the car park accident claims process, you can contact one of our advisors today.
No Win No Fee Car Park Accident Claims
The solicitors on our panel work on a No Win No Fee basis, through a contract known as a Conditional Fee Agreement (CFA). What this means is that you wouldn’t have to pay anything for their services:
- Upfront
- As the claim continues
- If the claim ends unsuccessfully
If you are successfully awarded compensation, a small percentage of this will be deducted by your solicitor as their success fee. The law limits this percentage to ensure you receive the majority of your compensation.
As well as the benefits of claiming through a CFA, by working with one of the solicitors on our panel here at Public Interest Lawyers, you could expect:
- Regular updates and clear and concise discussions about your case
- A solicitor from our panel will advocate on your behalf to achieve a settlement which reflects the pain, suffering and financial effects of your injuries
- A personalised service
- Support and guidance through each step of the process
- Organising an independent medical assessment if needed for your claim
- Working alongside you to create a recovery plan which fits your personal circumstances, such as organising physiotherapy
- Gathering witness statements to strengthen the basis of your claim
- Assistance in gathering evidence to claim general and special damages
Contact Our Advisors
To learn more about how one of the car park accident claims solicitors on our panel could help you with your case, contact our advisors today:
- Calling us on 0800 408 7825
- Filling in our online claim form
- Using our live chat
Learn More
Why not read our other guides on:
- How to make rotator cuff claims
- Find out about the personal injury claims process in Scotland
- How to make a brain injury claim
Helpful External Resources
- When to call 999 from the NHS
- Road safety information from the THINK!
- GOV.UK advice about applying for Statutory Sick Pay
We hope our guide on car park accident claims has been useful for you today.