The majority of car park accidents are relatively minor but on occasion they can lead to injuries as well as damage to vehicles. If you were injured in a car park accident as a consequence of negligence by a driver then you may be entitled to file a car park accident claim.
There is a difference between negligence and a simple accident in a car park and indeed many incidents will involve a degree of shared negligence. For those who cause car parking accidents as a consequence of their negligence, ignorance is not an excuse. Car drivers, car passengers and pedestrians, have a duty of care towards not only those in their immediate vicinity but also themselves. As more and more car accident claims find their way to the courts this will hopefully make some drivers think again about their style of driving.
Who Might Be At Fault For A Car Park Accident Claim
Whether a car park accident claim involves pedestrians, drivers, passengers or a car park operator, there are various duties of care which each party needs to adhere to. If any degree of negligence is found to have caused a car park accident then an individual or multiple parties may be liable to compensation for injuries or damage to vehicles.
All car drivers need to take due care when driving their vehicles and be aware of not only what is happening within their car but in the surrounding vicinity. The common excuse that “sorry, I did not see you” does not wash in the current environment and ignorance is not an excuse for a car parking accident. There will be instances where drivers may have their capabilities curtailed by some form of physical or mental illness/ condition. Stepping into a car with diminished capabilities could lead to serious accidents and potential deaths – leaving you open to legal/ criminal action.
While the majority of focus tends to be on the driver of a car in the event of a car park accident, it is worth noting that passengers have a duty of care to act appropriately in the car. Blocking the view of the driver, opening doors, distracting the driver’s attention and other actions could lead to shared negligence in the event of an accident.
Unfortunately, we have seen many instances where the actions of pedestrians have resulted in damage to cars and injuries. Stepping out into oncoming traffic even at slow speeds cannot only put a pedestrian in danger but also prompt evasive action by the driver and potential injury to the driver/ passengers and other car park users. Many people fail to realise that pedestrians also have a duty of care and can also be held liable for car park accidents caused by their negligence.
Car Park Facilities
Whether covered or outside car parking facilities, it is the responsibility of the owner/ operator to ensure there is sufficient signage, the car park is well maintained and equipment is in good working order. Any potential hazards should be removed as soon as possible, defective car parking spots repaired and short-term warning signs erected as a precaution.
Compensation For Injuries In Car Park Accidents
While injuries relating to car park accidents can take in slips, trips, falls, head injuries and concussion to name but a few, the most common are neck injuries. We have listed average compensation settlements for neck injuries often seen in car accidents below. To calculate compensation for many other injuries that may be suffered in a car park accident you can also use the compensation calculator below.
Compensation For Neck Injuries
- Relatively minor neck injuries, where a full recovery is expected within three months of the accident, tend to attract compensation up to £2,300.
- Where the recovery process can take between three months and one year, and can exacerbate existing medical conditions, compensation from £2,300 up to £4,080 could be expected.
- Where full recovery from a relatively minor neck injury can take between one and two years, with existing medical conditions exacerbated, compensation claims of between £4,080 and £7,410.
- Deemed to be moderate neck injuries, those including soft tissue damage with an extended recovery timescale, less than five years, tend to attract compensation from £7,410 up to £12,900.
- Whiplash-type injuries together with soft tissue damage resulting in a serious reduction in mobility and permanent recurring pain/discomfort, and exacerbation of an existing condition, generally attract compensation of between £12,900 and £23,460.
- Moderate neck injuries which take in fractures, dislocations and spinal injuries can lead to compensation awards of between £23,460 and £36,120.
- The more severe end of the neck injury spectrum takes in fractures, dislocations and severe soft tissue damage of a permanent nature. Depending upon the severity and extent of the damage, compensation of between £42,680 and £52,540.
- Damage to the back discs, spine and serious fractures leading to reduced mobility and long-term disability can lead to compensation from £61,7100 to £122,860.
- The more severe neck injuries taking in permanent damage to the spine, fractures and other issues, potentially leading to partial paralysis, have seen compensation payments of around £139,210.
Car Park Accident Compensation Calculator
Filing A Car Park Accident Claim
If you need to claim compensation for a car park accident you will need to prove negligence. In the event that you are injured as a consequence of a car parking accident then you should gather as much evidence as possible. This may include CCTV coverage, photographic evidence, witness statements and potentially details of similar incidents which perhaps happened in the past. The more detail you can provide to support your car park accident claim the greater the chances of success. A car accident solicitor can advise you appropriately so please don’t hesitate to contact us to speak with one today.
If a car accident solicitor advises you to file a car park accident claim they will in most cases offer you their services on a No Win No Fee basis. The No Win No Fee arrangement effectively means that all the legal expenses relating to your accident claim will be covered by the solicitor as the claim progresses. Once the claim has been settled in your favour the legal fee/s will be taken from your compensation award with the amount (a set percentage) being agreed upon before signing the No Win No Fee agreement. If the accident claim is unsuccessful you will pay nothing. As some solicitor firms may differ from us on what they charge you should always check exactly what you will be charged whether the car park accident claim is won or not.