How To Make A Car Park Accident Claim
In this guide, we explain when you could be eligible to make a car park accident claim. To introduce our guide, we outline the requirements you should meet in order to start a car accident compensation claim and highlight the duty of care that is set out by the relevant legislation.
Additionally, we will provide examples of how a road traffic accident could occur and in what circumstances you could be entitled to make a claim. As well as this, we detail the changes that have been made to the ways in which claims for whiplash injuries are made.
Moreover, our guide goes on to look at the evidence which can assist you in establishing liability in your injury claim and explores how compensation tends to be calculated. To conclude our guide, we explain how you can expect a No Win No Fee agreement to operate and how a car accident claim solicitor could help you.
If you would like to know more about when you could make a car park accident claim, please continue reading our guide. You can also speak directly with an advisor from our team. They are available to provide guidance about your claim and can answer any questions about the process.
Please contact us using one of the ways listed:
- Telephone us on 020 3870 4868
- Use our web details form to claim online
- Begin a conversation with a team member through our live discussion window
Select A Section
- How To Make A Car Park Accident Claim
- When Could You Claim For An Accident In A Car Park?
- How To Prove The Other Driver Was At Fault
- Examples Of Car Park Accident Claim Payouts
- Make A Car Park Accident Claim With A No Win No Fee Solicitor
- Learn More About Car Accident Claims
The Highway Code and the Road Traffic Act 1988 provide guidance and laws surrounding the duty of care which is owed by road users. You are required to navigate the road in a manner which reduces the risk of harm to yourself and others.
In order to claim, you should be able to show that you meet the criteria listed below:
- You were owed a duty of care.
- This duty of care was breached.
- This breach led to you sustaining injuries.
Breaching a duty of care which causes injury amounts to negligence which could give you grounds to claim. The Limitation Act 1980 also sets out the time limits for beginning a road traffic accident claim. You usually have three years from your accident to start a claim.
Get in contact to see if you could be eligible to make a car park accident claim today.
The Whiplash Reform Program
The Whiplash Reform Programme changed how whiplash injury claims can be made. Injuries sustained by adult drivers and passengers that are worth less than £5,000 need to be made in a different way than they previously would.
The tariff contained in the Whiplash Injury Regulations 2021 will be used to value any whiplash injuries. Other injuries that are not covered in the tariff will be valued using the traditional method.
Moreover, if you have additional injuries that bring the total value above £5,000, you will be able to claim using the traditional way. However, the tariff previously mentioned will be applied to any whiplash injuries. The tariff amounts may still apply to those claiming the traditional way.
It should be noted that these reforms are not applicable to motorbike users, cyclists, or pedestrians.
There are several different ways that an accident in a car park could occur:
- A road user may be driving the wrong way through a car park, going down the incorrect ramps in a multi-story. This could result in a head-on collision with another car.
- A person may not complete the necessary checks in their mirrors, causing them to collide with a pedestrian as they reverse out of their parking space. This could cause a pedestrian to suffer a broken foot.
- There may be a rear-end collision with another car if a driver is not paying attention to the vehicle in front of them. If they brake and the driver is not looking, this could cause a crash and lead to the non-fault driver sustaining a back injury.
If you suffer injuries as a result of a road user’s negligence, you may be eligible to make a car accident claim. Please get in contact with a member of our team to find out more.
When establishing the liability of the road user at fault, evidence will be advantageous to your claim. This can include the following:
- CCTV or dashcam footage to show how the accident occurred and potentially show the negligent driving of the road user at fault.
- Copies of medical records or things such as x-rays to illustrate the injuries you were caused due to the accident.
- Witness contact information. Having this means that other people who have seen the accident can provide their account of what happened, which could support your claim.
Having evidence can be useful in making a successful claim for your injuries. Our panel of solicitors can assist you in acquiring such proof for your car park accident claim.
There are two kinds of damages which you could receive in the event of a successful claim. The focus of this section is general damages. This head of claim aims to compensate you for the pain you have suffered because of the car park accident in which you were injured.
The Judicial College Guidelines may be used by solicitors during the valuing process, as they contain compensation brackets alongside different injuries. Some of the figures are depicted in the table below, however, it is not guaranteed that you will receive the specified amount for your injury.
The amount of compensation awarded will depend on the individual details of the claim, so the amount you receive may differ from the figures in the table. The table is only for guidance purposes.
|Neck||Severe (a) (ii)||Serious fractures or damaged cervical spine discs causing disabilities such as a substantial loss of movement in the neck.||£65,740 to £130,930|
|Neck||Moderate (b) (i)||Fractures or dislocations causing immediate symptoms that are severe.||£24,990 to £38,490|
|Head||Moderate (c) (iii)||There is an effect on memory and concentration. Dependence on others is limited and the ability to work is reduced.||£43,060 to £90,720|
|Knee||Severe (a) (ii)||Fracture of the leg which has extended to the knee causing permanent and persistent pain which limits movements.||£52,120 to £69,730|
|Arm||Less Severe (c)||Disabilities have been significant but the degree of recovery has been substantial.||£19,200 to £39,170|
|Leg||Less Serious (c) (i)||An incomplete recovery from fractures. Though the recovery is reasonable, the person is left with impaired mobility, a limp, or a metal implant.||£17,960 to £27,760|
|Back||Moderate (b) (ii)||Disturbance of ligaments causing backache. Soft-tissue injuries causing an exacerbation of a pre-existing back condition.||£12,510 to £27,760|
|Back||Minor (c) (i)||Recovery has been fully made or made to a nuisance level without surgery within two to five years.||£7,890 to £12,510|
|Whiplash||One or more whiplash injuries with one or more minor psychological injuries 2(1)(b)||More than 18 months but 24 months maximum.||£4,345|
|Whiplash||One or more whiplash injuries with one or more minor psychological injuries 2(1)(b)||Longer than 15 months but 18 months maximum.||£3,100|
Special damages are the other form of damages you could receive. These cover any financial losses you experienced as a result of your injuries from another road user’s negligence.
For example, if you suffer a loss of earnings due to your injuries preventing you from attending work, you may be compensated. Payslips can help to illustrate this damage.
In addition to this, if you pay for any home adjustments, such as a ramp or handrails to cater to your injuries, you could receive payment for the costs you have incurred. Bank statements and invoices can act as proof of these purchases.
Working with a solicitor can be advantageous because they can make sure all aspects of your claim are covered. To see if you could be connected with a lawyer, speak with a member of our team today.
If you do choose to work alongside a solicitor, they could propose to represent you on a No Win No Fee basis. A common type of this agreement is a Conditional Fee Agreement.
These usually operate in a way which means that whether you make a payment to your solicitor will generally be dictated by the outcome of your claim. If it is unsuccessful, you will typically not have to pay your solicitor for their services.
Alternatively, if your claim is successful, a fee will be deducted from your compensation by your solicitor. This is a success fee. The percentage they can take is restricted by the Conditional Fee Agreements Order 2013. You will usually be told about the success fee and the percentage it’s made up of before you start claiming.
To receive further guidance on making your car park accident claim, please don’t hesitate to reach out to our team. They can discuss your claim and offer an assessment of your circumstances and the compensation you may receive.
You can use one of the ways below to reach us:
- Call us on 020 3870 4868
- Complete our web form to contact us
- Start a chat with an advisor through our live feature
Thank you for reading our guide on when you may be eligible to make a car park accident claim.
More of our guides:
- Road Accident Solicitors
- A Guide On How Long After A Road Traffic Accident Can You Claim
- How Does The Road Traffic Accident Claims Process Work?
- Whiplash – NHS
- Road Safety Laws – THINK!
- Reported Road Casualties In Great Britain, Provisional Estimates: Year Ending June 2022 – Government Statistics