In this guide, we will look at car park accidents and who’s at fault in the UK. If you’re involved in an accident in a car park in the UK, it may be difficult to determine who was at fault. However, if you can prove the accident wasn’t your fault, you could be entitled to compensation.
To claim compensation, you would need to provide evidence that the accident was caused by a breach of duty of care towards you. We will explain duty of care further in this guide.
If you have any questions about who’s at fault after a car park accident in the UK, get in touch with our expert team of advisors today. You can do this either via our website or by calling us on 0800 408 7825. They can then connect you to an experienced solicitor from our panel if your claim has a chance of success. They can represent you in a personal injury claim and help you get the compensation you’re entitled to.
Read on for more information about car park accidents and who’s at fault in the UK.
Select A Section
- What Are Car Park Accidents?
- What Types Of Collisions And Accidents Happen In Car Parks?
- Car Park Accidents: Who’s At Fault In The UK?
- How Is Liability Determined In A Car Park Accident?
- What Should You Do If You Get Into A Car Accident?
- Car Park Accident Compensation Payouts
- Discuss Your No Win No Fee Car Park Accident Claim
- Need Some More Help?
Although car parks are often considered safer than the roads due to the slower driving, it is still possible to be caught in an accident. It could be due to negligence on the occupier’s part, or perhaps someone else is not practising safe driving.
Every road user owes the other a duty of care as highlighted in the Highway Code. Therefore drivers should operate their vehicle in a way that adheres to this duty. When this duty is breached that leads to an injury the driver may be liable to pay compensation.
The controller of the car park also owes those who use their facilities a duty of care. This comes from the Occupiers’ Liability Act 1984. It states that occupiers have a duty to keep their property reasonably safe for lawful uses and trespassers alike. For example, the occupier of the car park could be held liable if it was seen the building was not being properly maintained causing an injury to a customer.
Accidents could happen in a multitude of ways in a car park. It could be that you’re sitting in a parked car and another car hits you from behind. Or perhaps you’re a pedestrian walking through the car park, and someone else is driving too quickly and knocks you down.
Car accidents may not always be the fault of another driver or pedestrian. It could be that it’s a public car park not being properly maintained. For example, if you were exiting the car park via the stairs, and there was spillage that had not been cleaned up in a reasonable amount of time, this could cause you to fall and experience a personal injury. In this case, you could potentially claim against the car park for the harm you have suffered.
There may also be cases where you’ve been assaulted in a car park. In these situations, you may be able to claim from the Criminal Injuries Compensation Authority (CICA).
Pedestrian accidents in car parks
Pedestrians are considered one of the most vulnerable road users, as they can be hard to see and do not have the external protection a car offers. In car parks, they could be at risk in a few ways. For example, if the car park is not properly maintained, and you twist your ankle walking into a pothole, you could be able to claim compensation from the car park.
Or, if you walk along the designated walkways and a driver pulls out of a space without checking their mirror, they could knock you down. In this situation, you could hold the driver liable.
Another driver reversed into your car
Road users should all be familiar with The Highway Code. In this, and to pass a UK driving test, it is important that all drivers know how to use their mirrors appropriately. If a driver is reversing, they should check their rearview mirrors. If they’re not, and they knock you down, they haven’t complied with their duty of care to other road users and could be held liable for compensation.
Multiple vehicle car park accidents
There is not a huge amount of space in car parks so it is quite easy to see how accidents could lead to a multiple car pile up. If an accident was to occur then another driver could cause a further collision by crashing into the vehicles already a part of an accident.
However, these are not exhaustive examples. If you don’t see your situation here, you could still be able to make a claim. Each claim is assessed individually according to the circumstances.
To determine liability, there are a few things to consider. If vehicles are involved, it’s important to see if the drivers were adhering to safe practices according to The Highway Code. Or, if a driver mistake occurred, that caused an accident to happen.
Collecting evidence is really important when it comes to determining liability. The type of evidence that is really useful is CCTV, dash camera footage, eyewitnesses and images of the accident and the cause. However, if you are making a personal injury claim it is also important to have evidence of the injury you suffered. Seeking medical advice after an accident is really important not only to have the best chance of making a full recovery but also to have your injuries recorded incase you need this as evidence.
If you are involved in a car accident the first priority is to ensure that you and any passengers are safe. In the case of an emergency call 999. The next step if you are well enough to do so is to collect evidence. This will not only help prove liability but could also help if you decided to make a personal injury claim against the party responsible for the accident.
Relevant evidence will be key in giving your claim a higher chance for success.
This could include, but is not limited to:
If you’ve been in a car park accident and are worried you could be injured, it is important to see a medical professional as soon as possible. Not only will this help you see the extent of your injuries, but having medical records from as close to the time of the accident as possible will help validate your personal injury claim.
In this section, we will look at how much you could be entitled to for your injuries. These amounts are taken from the Judicial College guidelines, which help legal professionals value injuries.
|Neck||Moderate (i)||£23,460 to £36,120||This involves cases where there are severe symptoms that may lead to chronic conditions or serious soft tissue injuries. The person may also have impaired function or exacerbation of a pre-existing condition.|
|Back||Moderate (ii)||£11,730 to £26,050||This involves cases where damage may lead to backache, soft tissue injuries, prolapsed discs or the worsening of any pre-existing conditions.|
|Hand||Less Serious||£13,570 to £27,220||This involves cases where hand function is significantly impaired despite treatment or surgery.|
|Hand||Moderate||£5,260 to £12,460||This involves cases where there may be soft tissue injuries, crushed bones and deep lacerations. The highest amount of compensation would be awarded where surgery has failed and function is extremely limited.|
|Wrist||(c)||£11,820 to £22,990||This involves cases of less severe injuries where there may still be some permanent disability or lasting pain.|
|Wrist||(d)||Up to £9,620||This involves cases where recovery takes a while but can be completed.|
It is important to note that the numbers are just a guide – there are many different injuries which you could claim for. Get in touch for more information about if your claim could be viable.
There are two types of damages. General damages we have seen in the table above. You may be awarded special damages also. This covers financial loss, and may even cover future financial losses too. Special damages may include:
- Loss of past and future wages
- Medical expenses
- Travel expenses
- Adjustments to the home
In order to claim special damages, you’ll need to provide evidence of the costs you have incurred, such as payslips or receipts.
If you’ve suffered an injury or illness due to a car park accident and could prove it was not your fault, we could be able to put you through to a solicitor from our panel to make a claim.
Our panel of solicitors work on a No Win No Fee basis. This means that if your claim is unsuccessful for any reason, you will not have to pay your solicitor anything for their time. However, if your claim is successful, they will take a legally capped fee from your compensation amount to pay for their services.
This fee percentage will be discussed beforehand by your solicitor so that nothing comes as a surprise, and will only be taken once the compensation reaches them.
For more information about No Win No Fee services, get in touch today. You can:
- Call us on 0800 408 7825.
- Use our contact form via our website
- Use our live chat to get instant answers from an online advisor
Thank you for reading our guide exploring car park accidents and who’s at fault in the UK. We hope it answered any questions you may have had. Feel free to contact our advisors if you still want more information. See below for some related links.
How to Claim Compensation for an Accident in a Public Car Park – A guide on how you can claim compensation after being part of an accident in a public car park that wasn’t your fault.
Car Accident on Public Property Personal Injury Guide – A guide to claiming compensation after a car accident on public property.
Car Accident Lawyer Guide – How a car accident lawyer could help you.
Physiotherapy Services – Find physiotherapy in your area on the NHS website.
Royal Society for the Prevention of Accidents – A charity that aims to reduce the rate of accidental injury through advice and guidance.
Whiplash Reform Program – A guide to the recent changes made to the whiplash reform program.
We also have some other guides you may find useful:
- Public accident claims hot spots
- Council slip and trip accidents
- Public transport accidents
- How to make a public liability claim
- Making a claim against the council
- Claiming for a pothole injury
- Making a claim against a shop
- Accidents in a public park
- Cycling accident claims
- Claiming for injuries suffered while shopping
- How to claim for a car accident on public property