Car Park Accident Claims – How Much Compensation Could I Claim?

Car park accidents can sometimes be unavoidable, but they can also happen due to somebody else’s negligence. Whether another driver, a pedestrian, or the car park operator or owner was negligent, you may be eligible to file a car park accident claim for compensation if the accident caused your injury.

To successfully claim compensation, you must prove that your injury was caused by another party’s negligence. This guide will cover eligibility, common causes of car park accidents, potential compensation amounts, and the evidence you’ll need to support your claim.

To start a claim right away, please call 0800 6524 881. Alternatively, please continue on to learn more about the claims process.

Am I Eligible To Make A Car Park Accident Claim?

If an accident occurs in a public or private car park and results in an injury due to negligence, the responsible party may be liable to pay compensation.

To check your eligibility to make a car park accident claim, our advisors will consider whether:

• The defendant owed a duty of care.
• The defendant acted negligently and breached that duty.
• Their negligence caused your injury.

Under legislation like the Occupiers Liability Act 1984 and the Health and Safety at Work, etc Act 1974, car park owners and contractors who operate car parks have a responsibility to ensure that car parks are safe to use. These laws are often used to establish that a duty of care existed. You need not worry too much about this as a solicitor will confirm this as part of their initial checks before accepting a case.

Common Causes Of Car Park Accident Claims

There are many causes for an accident in a car park that could end in a claim which may include:

• Overcrowding and blocked pedestrian routes.
• Poorly marked parking spaces or walkways.
• Drivers parking their vehicles carelessly blocking other drivers’ vision.
• Pedestrians not paying attention.
• Reckless or careless driving through the car park.
• Damaged areas, such as potholes, missing drain covers etc.
• Broken pathways causing a trip hazard.
• Inadequate lighting or malfunctioning equipment.
• Fire hazards in multistory or underground car parks.

Any of the car park accidents mentioned above, if caused by negligence, could cause injuries of varying severity.

Accidents In Car Parks Caused By Poor Maintenance

If an accident occurs due to poor car park maintenance, the operator or owner may be held responsible. For example, if a faulty barrier strikes a vehicle, injuring the driver or passengers, the operator may be liable if they failed to ensure the barrier was properly serviced.

Similarly, if a pedestrian tripped over broken paving, the car park operator could be found negligent for not maintaining the car park to a safe standard.

Accidents In Supermarket Car Parks

Supermarket car parks are considered public spaces, even if on private land. Drivers in these car parks have a duty of care under the Road Traffic Act 1988 to drive safely. If a driver is speeding, fails to check before pulling out, or otherwise drives negligently, they could be liable for any injuries caused.

Car Park Accidents Caused By Passengers And Pedestrians

Passengers and pedestrians can also contribute to car park accidents. For example, if a passenger distracts a driver or blocks their view, resulting in an accident, they may share liability. Pedestrians, too, can be held liable if they step into the path of a moving vehicle without paying attention, causing an accident.

Common Injuries From Cars Park Accidents

Many types of injuries could occur in an accident in a car park such as:

If you have been injured in a car park accident and would like to speak to somebody about making a claim, please contact us today.

How Much Compensation For A Car Park Accident Could I Claim?

The amount of compensation you could claim for a car park accident will depend on various factors, including:

• the severity of your injuries; and
• the financial impact the accident has had on your life.

Compensation is typically divided into two types of damages:

• General damages. This covers compensation for the pain, suffering, and loss of amenity caused by your injuries. The more severe or long-lasting your injury, the higher the compensation is likely to be. For example, compensation for a minor injury such as a sprain or mild whiplash may range from a few hundred to a few thousand pounds, whereas severe injuries like broken bones or head injuries could result in much higher payouts.
• Special damages. This covers any financial losses related to the car park accident, such as:
  • Lost earnings if you had to take time off work.
  • Medical expenses for treatments or prescriptions.
  • Travel costs for hospital appointments.
  • Any costs related to long-term care or rehabilitation.
  • Damages to personal property, such as clothing or a vehicle.

Since every car park accident claim is unique, speaking with one of our solicitors will give you a clearer understanding of what you may be entitled to. They can help calculate your total compensation, considering both general and special damages.

Car Park Accident Compensation Calculator

Although it’s not possible to provide an estimate without any details of what’s happened being known, you can use the compensation below for potential payouts for general damages. These are based on the Judicial College guidelines.

Please note, the values displayed are simply guidelines and should be considered as such.

Evidence To Support A Car Park Accident Claim

For a car park accident claim to be successful, you’ll need to be able to prove what caused the accident to happen and that it was due to somebody else.

Evidence to help support a car park accident claim for compensation could include:

• Photos of the accident scene. Take clear pictures of the car park accident location, including any hazards like poor lighting, potholes, or damaged barriers. Also, photograph your injuries.
• CCTV or dashcam footage. If available, request CCTV footage from the car park or any dashcam footage that captured the accident. This can provide vital evidence of what happened.
• Medical records. Get a medical assessment of your injuries from a GP or hospital, and keep any related reports or treatment records.
• Witness statements. If anybody saw the car park accident, collect their contact details and ask them to provide a statement describing what they saw.
• Accident reports. If the accident was reported to the car park operator or a manager, ask for a copy of their accident report.
• Receipts for expenses. Keep records of any financial losses caused by the car park accident, such as medical expenses, travel costs, or lost wages due to time off work.
• Personal notes. Document how the accident has affected you physically, mentally, and financially. This can help in demonstrating the full impact of your injuries.

Gathering this evidence will strengthen your car park accident claim and improve your chances of receiving compensation. If you’d like assistance, please contact our claims advisors to review the evidence you have.

Time Limits For Claiming Car Park Accident Compensation

If you decide to go ahead, there are usually 3 years from the date of the car park accident to start a claim. However, there can be exceptions, such as for injured children, etc.

It is best to start your claim as soon as possible, not just because you could run out of time, but also because the events will be fresh in your mind as well as those around you.

Compensation claims can take a number of months, even years to conclude. If you are out of pocket due to loss of earnings, or the need to pay for medical care, prescriptions or any special adaptions to your home if needed if your injury is severe, then the sooner you can be awarded compensation, the better.

Do I Need A Personal Injury Solicitor To File A Car Park Accident Claim?

You’re not legally required to have a personal injury solicitor to file a car park accident claim, but having one can significantly improve your chances of success.

A solicitor will guide you through the legal process, help gather the necessary evidence, and handle negotiations with the other party’s insurance company on your behalf. This ensures that all aspects of your case are properly addressed, including calculating the compensation you are entitled to.

Importantly, our solicitors work on a No Win No Fee basis, meaning you won’t need to pay any legal fees upfront. Also, you’ll only pay if your claim is successful, making it a risk-free way to seek compensation. While it is possible to handle a claim on your own, working with a solicitor on our team gives you expert legal support throughout the claims process.

Starting The Car Park Accident Claims Process

You can, of course, start a compensation claim yourself, however, we strongly advise you to seek legal advice as soon as possible following your accident.

Contacting our claims advisors is a good starting point. They provide a free consultation to discuss the events surrounding your claim to determine if you have a case. If they believe you do in fact have a case, then a personal injury solicitor from our team could process your claim for you.

If you’d like to discuss your injury or the accident claims process with an experienced personal injury solicitor, you can contact us on 0800 6524 881 for a free consultation.