This guide will address your eligibility to begin a car park accident claim. If you can demonstrate the accident was caused by another driver, you may be able to claim compensation for the injuries you sustained. Road users owe a duty of care to one another and if this is breached, it could lead to a road traffic accident. We will discuss the duty of care they owe in more detail throughout this guide and look at how a car park accident could occur if this is not upheld.
We’ll also discuss the pieces of evidence you can submit in support of your case and the time limits that you must consider. As well, we will discuss how compensation payouts are calculated for this particular kind of personal injury claim.
We will also provide some information about how you could access the services of a solicitor and how these may be offered under the terms of a No Win No Fee arrangement.
To learn more about making a personal injury claim following a road traffic accident, keep reading. You can also use use our helpline to get in touch with one of our advisors, who can tell you more about the claims process. To get in touch, you can:
Select A Section
- Who Could Make A Car Park Accident Claim?
- Examples Of What Could Cause A Car Park Accident
- Proving Liability For An Accident In A Car Park
- Estimated Payouts For A Car Park Accident Claim
- Start A Car Park Accident Claim With A No Win No Fee Solicitor
- Find Out More About Claims For Accidents In Car Parks
In order to satisfy the eligibility criteria to claim, your injuries must have been caused by a driver who breached the duty of care they owed you. This is known as negligence, for which you could start a personal injury claim.
A law known as the Road Traffic Act 1988 establishes the duty of care that is owed on the road. Simply put, road users need to use the roads in a way that prevents damage or injury to themselves and others.
In addition to the legislation mentioned above, road users must also follow the Highway Code, which contains guidance and rules. Many of the rules in the Code are backed elsewhere in law.
The Impact Of The Whiplash Reform Program
As of 31 May 2021, new whiplash claim rules came into effect. These changes were implemented by the Whiplash Reform Programme, which establishes that adult drivers and passengers who sustain whiplash or soft tissue injuries with an overall value of £5,000 or less must claim using different means. However, if they suffer additional injuries that take the claim’s value over £5,000, they can claim using traditional means.
The changes also mean that the value of any whiplash injuries will be calculated using the tariff from the Whiplash Injury Regulations 2021. Any additional injuries not included in the tariff will be valued traditionally.
For more information on when you could be eligible to start a car park accident claim, get in touch using the number above. An advisor can assess whether you are able to seek compensation and whether the reforms influence how you will claim.
A car park accident could involve a number of different road users. For example, drivers, cyclists, motorcyclists and pedestrians. The following are some examples of car park accidents:
- A driver fails to perform the appropriate checks before reversing out of their parking space. As a result, they collide with a pedestrian crossing the car park.
- A motorcyclist rides the wrong way down a one-way car park system. They crash with an oncoming car.
- The driver of a car may not be paying attention causing them to collide with the back of another car that has come to a full stop. This could cause whiplash following a rear-end collision.
If you have questions about the merits of your potential car park accident claim, speak to our advisors.
In order to strengthen your car park accident claim, you should provide evidence. This can help to show that negligence occurred. Here are some examples of evidence you could gather:
- Accident footage caught on dashcam or CCTV
- Copies of your hospital records
- A diary of your symptoms and medical treatment
- Contact details for any witnesses
One of the services you can be offered if you work with a solicitor from our panel is assistance with collecting evidence. Speak to our team if you’d like to know more about how a solicitor could assist with your claim.
Car accident claim payouts could include a head of claim called general damages. This accounts for the pain and suffering you experience due to your injuries.
A solicitor will usually consult the Judicial College Guidelines (JCG), a document that provides guideline compensation brackets for different injuries, to help them value this aspect of your settlement.
Below, we’ve created a table containing entries from the JCG. You should only use these figures as a guide. However, the last two entries in the table are taken from the whiplash tariff mentioned above. Please note that these are fixed amounts.
|£324,600 to £403,990
|Cases of quadriplegia are included in this bracket.
|Moderately Severe Brain Injury
|£219,070 to £282,010
|Very serious disability. Level of award within the bracket will be determined by life expectancy, physical limitations, degree of dependence and ability to communicate.
|Moderate Brain Injury (i)
|£150,110 to £219,070
|Moderate to severe intellectual deficit, effect on speech, sight and sense and no prospect of employment.
|Severe Neck Injury (i)
|In the region of £148,330
|Injury associated with incomplete paraplegia or resulting in permanent spastic quadriparesis.
|Total or Effective Loss of One Hand
|£96,160 to £109,650
|Hand is crushed and thereafter surgically amputated.
|Severe Back injury (ii)
|£74,160 to £88,430
|Nerve root damage with associated loss of sensation, impaired mobility and sexual function.
|£39,170 to £54,830
|A severely disabling injury to the elbow.
|Moderate Injury to Hip Or Pelvis (i)
|£26,590 to £39,170
|Significant injury to pelvis or hip but with no major permanent disability.
|One or More Whiplash Injuries and One or More Psychological Injuries
|Injuries with symptoms lasting over 18 months and less than 24.
|One or More Whiplash Injuries
|Injuries with symptoms lasting over 18 months and less than 24.
Car accident compensation payouts can include a second head of claim called special damages. This payout is intended as a way for you to reclaim the financial losses you’ve experienced because of your injury. Some examples could include:
- Travel expenses, such as getting to and from medical appointments
- Medical costs, such as buying prescriptions
- Loss of earnings, past or future
You must provide evidence of your financial losses. For instance, you could collect receipts showing the money you have spent getting to the hospital.
Though you do not need a solicitor to start a claim, it could benefit your case to work with one of the No Win No Fee solicitors on our panel. These professionals generally offer their services under the terms of a Conditional Fee Agreement (CFA). This kind of No Win No Fee arrangement means you wouldn’t have to pay service charges if your claim fails.
The solicitor you work with will instead take a success fee at the end of a successful claim. This fee is a small percentage of your compensation award, but how much solicitors can take is capped by legislation. This means that you will receive the majority of your award.
Speak To A Member Of Our Team
If you would like to speak to one of our advisors regarding a car park accident claim, you can get in touch for free. After a free consultation in which you can ask questions about the claims process, our team may connect you with a road traffic accident solicitor from our panel. To learn more today:
Here are more of our guides for you to browse:
- Find out how to make a car crash compensation claim.
- More information on who’s at fault for car park accidents.
- Learn about fatal car accident claims.
External links that could be helpful:
- GOV.UK – Learn how to request CCTV footage of yourself.
- NHS – Find out how to get your medical records.
- Brake – UK collision and casualty statistics
To learn more about the merits of your potential car park accident claim, use the provided details to contact our team.
Article by AE