Learn How To Make Car Park Accident Claims

Car park accident claims can be complex. There may be unique factors which need to be taken into account, based on the circumstances of the accident. They may involve a single or multiple vehicles and pedestrians or, could involve slips, trips and falls. Our comprehensive guide includes information on how to make a personal injury compensation claim for a car park accident.

Key Takeaways In Car Park Accident Claims

  • Car park accidents could be the responsibility of drivers or the car park operator.
  • Claims could be made whether you were harmed in a public or private car park.
  • You may be able to claim for whiplash injuries.
  • You could be awarded compensation for your pain and suffering as well as financial losses.
  • A specialist injury lawyer from our panel could help you make a claim.

If you have any questions while reading this guide, or would like to have your claim eligibility checked, our team of advisors are available 24 hours per day, 7 days per week. For further help, contact our team today:

Two cars have been involved in a rear-end collision.

Browse Our Guide

Am I Eligible To Make A Car Park Accident Claim?

All road users have a legal duty of care to one another. They must ensure that they use the road in a way which prevents harm either to themselves or others. This duty of care is outlined in the Road Traffic Act 1988 and the Highway Code. These rules, regulations and guidelines apply whilst on the public highway and in car parks.

The basic criteria that any car park injury claim must meet are:

  • That another party owed you a duty of care.
  • This party breached their duty.
  • You suffered a physical or psychological injury.
  • You are within the relevant time limit.

Can I Claim For A Personal Injury In A Car Park?

Car parks may be owned and operated by a local authority or private company. The Occupiers’ Liability Act 1957 (OLA) places a duty of care on the car park operator. This party must take reasonable steps to ensure visitors’ safety. In a car park, this may involve ensuring the road surface and walkways are free of hazards that could cause a slip or fall.

Public liability claims must show that:

  • The party in control of a car park owed you a duty of care.
  • This party was in breach of their duty.
  • You were harmed physically or psychologically.
  • You are within the limitation period.

One of our panel of personal injury and road traffic accident solicitors could help to determine fault. If they think you have a claim, they could help you to seek compensation.

Can You Still Claim If The Accident Happens In A Private Car Park?

Car park accident claims could be made regardless of whether the accident occurred in a public or private car park. Both the Road Traffic Act 1988 and the Highway Code apply to any road the public has access to. This includes private car parks, meaning users must still adhere to the same rules as they would on the public highway or public car parks.

Similarly, the Occupiers’ Liability Act is applicable, no matter whether the car park owner is a public or private party. The operator of a private car park is responsible for maintaining a safe environment. They should take steps to address potential hazards which may cause accidents, such as potholes, unclear signage or poor lighting.

If you suffered a pothole injury in a private car park get in touch with our team to find out if you could claim compensation.

A woman has suffered whiplahs in a car park accident.

Can I Claim For Whiplash After A Car Accident?

Whiplash is a common type of injury in car accidents. It may be caused by the sudden, jerking motion of the head and may be associated with rear-end collisions. Symptoms of whiplash injuries include neck pain, stiffness, headaches and reduced mobility in the neck. These symptoms could have a significant impact on carrying out everyday activities.

The Whiplash Reform Program (WRP) brought about the Whiplash Injury Regulations 2021. The WRP changed how certain injury claims are handled. Where a claimant was a driver or passenger over the age of 18 suffered whiplash injuries valued at £5,000 or less in a car accident in England or Wales, claims are made in a different way. Such claims are valued based on a fixed tariff as outlined in the above regulations.

Where injuries are valued above £5,000 or where there are additional injuries, taking the value of the claim above this threshold, a claim may be made the traditional way. However, any whiplash injuries will still be valued in line with the fixed tariff.

As there are different ways in which claims involving whiplash injuries may be handled, it is important to thoroughly document your injuries. This may include collecting medical evidence, contact details of anyone who saw the accident happen (to later source witness statements) and photographs.

If you have any questions about whether you are eligible to make a car park injury claim or how the claims process works, our expert team could help you.

What Details Should Be Exchanged After A Car Park Accident?

The first thing we should note is that you must stop at the scene of any road traffic accident. This includes a car park accident. If the party who caused the accident fails to stop, this may constitute a hit and run incident.

There are certain details which must be exchanged at the scene of an accident. These are:

  • Accident details – you should record all relevant details, such as the date, time and location of the accident. You can also record relevant factors, such as
  • Names and addresses of all parties – ensure that you collect the full name and address of anyone involved in the accident. If the driver was not the owner of the vehicle, obtain the owners full details too. This should include all relevant contact details.
  • Vehicle registration number – record the registration number of any vehicle(s) involved in the accident.
  • Insurance company details – share the details of your insurance provider (if relevant) and obtain details of other parties’ insurance companies and policies. This is important as claims will be made against the relevant insurance policy.

In addition to exchanging these details, it is also important to gather evidence which supports your personal injury claim.

You could gather evidence such as:

  • Medical records – including details of your injury and what medical treatment you had.
  • Photographs of the accident scene – such as photos of any vehicles involved or hazards such as potholes.
  • CCTV video – or video footage from dashcams.

Find out more about details which should be exchanged at the scene of an accident and how to prove a car accident injury by contacting our team.

An image shows distracted driving as a driver looks at their phone whilst about to hit a pedestrian.

Examples Of Car Park Accidents

Car parks could present hazards to drivers, cyclists, motorbike riders and pedestrians. Potential hazards may include distracted drivers failing to pay due care and attention to those around them and damaged or broken facilities.

Vehicle accidents

  • Reversing accidents – a driver may reverse out of a parking space without checking their side and rear-view mirrors. They fail to see a passing car and reverse into the side of them, causing a passenger accident.
  • Distracted driving – a driver may be using their mobile phone and fail to notice a pedestrian walking across a crossing in front of them, striking the pedestrian.
  • Accidents involving a parked car – a driver may misjudge space in a car park and strike a parked car, injuring occupants inside it.

Pedestrian accidents

  • Poor lighting – poor or insufficient lighting could mean that a pedestrian can not see a hazard, tripping over and suffering an injury.
  • Poor maintenance – potholes or broken pavements can be potential hazards. A pedestrian could trip over a cracked paving slab and twist their ankle.
  • Faulty barriers – a faulty entry or exit barrier could unexpectedly fall on a pedestrian’s head causing head injuries.

These are just some examples of when car park accident claims could be made. Whether you were injured in these or other types of accident our team could assist you.

Compensation In Car Park Accident Claims

How much compensation may be awarded will depend on factors individual to your case. Compensation may take your pain and suffering into account, as well as any financial losses you suffered.

A successful claim may be awarded two types of compensation. General damages take your pain and suffering into account whilst special damages take account of financial losses. General damages may be calculated by looking at your medical records and comparing them to guidelines from the Judicial College (JCG). The JCG contains guidelines on compensation for different types of injury.

Type Of InjurySeverityGuideline Compensation
Multiple and serious injuries in addition to special damages.SeriousUp to £1,000,000+ if special damages are claimed.
Brain damageVery serious - A£344,150 to £493,000
ParalysisQuadriplegia/ tetraplegia - A£396,140 to £493,000
Leg injurySevere - B very serious (ii)£66,920 to £109,290
Hand injurySerious E£35,390 to £75,550
Ankle injurySevere - B£38,210 to £61,090
Knee injuryModerate - B i£18,110 to £31,960
Chest injurySimple injury, such as a penetrating wound - D£15,370 to £21,920
Whiplash (fixed tariff)Lasting for 18-24 months with psychological damage£4,345
Whiplash (fixed tariff)Lasting for 15-18 months with psychological damage£3,100

The first row in the table above is an example of what could be awarded for general and special damages. The final two rows are fixed amounts taken from the whiplash tariff. Remaining figures are taken from the JCG.

Special Damages

Being injured in a car park could leave someone requiring medical care, needing to take time off work or even needing help around the home whilst recovering. Special damages compensate individuals for financial losses related to their accident and injuries.

You could claim special damages for:

  • Loss of earnings – this may include lost salary/ wages as well as pension contributions or overtime entitlement.
  • Medical expenses – compensating for the cost of medical care, treatment and medication.
  • Domestic support and care – this could include care in the home or even child care whilst recovering from injuries.
  • Transport costs – including the cost of travelling to appointments for medical treatment.

If you make a successful claim, you will automatically be awarded general damages. In order to be awarded special damages, you must provide evidence of any such losses and your entitlement to reclaim them. You could do so by submitting payslips, bank statements or travel expenses.

If you are unsure what special damages you may be entitled to claim or what evidence could help show your entitlement our team could help you. Contact us today to seek legal advice.

Can I Make A No Win No Fee Car Park Accident Claim?

At UK Law we recognise that one potential barrier to car park accident claims is having to pay solicitors fees in advance. This is why we work with a panel of No Win No Fee solicitors. If, upon reviewing your case, one of these solicitors thinks you have a valid claim, they could offer you their services through a Conditional Fee Agreement.

The main benefits of working with a solicitor in this way include:

  • No advance fees to pay for the solicitor’s work.
  • No solicitors fees payable during the claims process.

Instead, you would only be charged for the solicitor’s work if and when you win your case. This is called a success fee. This fee is a fixed percentage (which is legally limited) of your compensation.

Contact Us

We understand that you do not have to work with a solicitor on your car accident compensation claim. However, we believe there are benefits to doing so. A solicitor could help to gather evidence, explain legal jargon and handle correspondence with other parties. They could also ensure your claim is submitted within the claims time limit.

Get in touch with our team to find out how a solicitor from our panel could help with car park accident claims.

For further help, contact our team today:

A solicitor works on car park accident claims.

More Information

Here you can find additional helpful resources.

References

  • This NHS whiplash guide contains more information on this type of injury.
  • Read more about road safety laws in this guide from the government campaign, Think!
  • Find road safety statistics in this resource from Brake, the road safety charity.

We hope you have learned more about car park accident claims through this guide. For further information about starting a claim, contact our team.