Who Can Make Car Park Accident Claims?
Find out about car park accident claims and the factors that are considered when calculating compensation.
£85 million in compensation
Who Can Make Car Park Accident Claims?
Find out about car park accident claims and the factors that are considered when calculating compensation.
How Much Compensation For Car Park Accident Claims?
You have likely found this guide while seeking more information about car park accident claims. Our advisors and solicitors have seen firsthand that the process of seeking personal injury compensation raises many questions for claimants. However, we will give you the key information you need to understand how to make a claim.
Important Takeaways
- Car parks can be full of potential hazards, ranging from cars and pedestrians to slippery surfaces and falling debris.
- Some of the most common accidents seen in car parks include vehicle collisions and slip, trip, and fall incidents.
- Injuries can range from life-changing brain trauma to fractures.
- Your potential compensation payout can encompass both your injuries and the financial loss associated with them.
- Through a No Win No Fee contract, our solicitor could offer their legal representation without the need for you to pay upfront or ongoing fees.
Contact our team of expert advisors today to find out more about anything discussed in this guide. They can further explain how the process works and what factors you need to consider. If you would like to make a claim, they may connect you to one of our experienced solicitors. On the other hand, if you are simply seeking further information, all enquiries are handled without any strings attached.
- Call us on 0151 375 9916
- Complete our online contact form
Who Can Make Car Park Accident Claims?
Anyone can make car park accident claims, provided that the following criteria are met:
- Another person must have owed a duty of care to you while you were using the car park
- They failed to meet their duty to you
- This caused you to suffer an injury
Keep reading to learn who owes you a duty of care in this situation and what this entails.
Vehicle Collisions
In the context of vehicle collisions, all people using the roads owe each other a duty of care. This duty extends to car parks and requires road users to travel in a way that avoids injury to others (as well as themselves).
Road users, like car drivers, are also required to follow the relevant legislation and guidance that outlines measures to protect people’s well-being. Therefore, when driving a vehicle in a car park, you need to adhere to the Road Traffic Act 1988 (RTA) and the Highway Code.
The Highway Code sets various rules for road users. For example, according to rules 95 to 96, you must not drive after drinking more than the legal limit of alcohol. If a person were to operate their vehicle in a car park while drunk and cause you an injury, you may have grounds to claim compensation.
Pedestrian Accidents
The Highway Code and RTA also apply to pedestrian accidents. Under rules 159 to 161, a driver needs to look in their mirror to ensure that the area is clear.
So, imagine that you suffer a head injury in a car park due to a driver hitting you because they failed to check that it was safe to pull out. In such a scenario, you may be able to make a pedestrian accident claim.
Slips, Trips Or Falls
Another type of personal injury claim relates to the duty of care that is owed by the party in charge of the car park. Their duty of care would be owed towards visitors and be established by the Occupiers’ Liability Act 1957 (OLA). This act means that the occupier would need to take practical steps to ensure the reasonable safety of people who are using their space.
You could start a public liability claim if, say, you break your leg due to a slip and fall on the icy ground of the car park. Here, the occupier might be at fault because they failed to take any action to grit the appropriate areas of the car park or put up signs to alert people, despite having sufficient notice about the hazardous weather.
We cannot cover all examples in our guide, as there are many scenarios that could give rise to a compensation claim. If you have any questions about when you might be owed a duty of care, please contact our advisors today. They can listen to the specific details of your case and explain whether you meet the criteria to proceed with a claim.
The Average Compensation For Car Park Accidents
Even if there was an average compensation for car park accident claims, any such figure might not be applicable to your case. This is because all personal injury claims require an individualised assessment of their circumstances, which compensation reflects.
However, our solicitors can assess the potential value of someone’s injuries by using the Judicial College Guidelines (JCG). Legal professionals do so because this document publishes suggested compensation brackets based on different types and severities of injury.
The part of the compensation that the JCG brackets apply to is general damages. These cover the pain and suffering associated with your injuries. General damages will always be given in successful compensation claims of this nature. They can even apply to your future suffering if you continue to be impacted by your injuries.
We have included some brackets from the JCG in the following table. As with an average compensation figure, the JCG brackets cannot account for the specific details of your case. Therefore, please view them as guidelines rather than a guarantee of compensation.
The first figure in the table below was not provided by the JCG.
Type of Injury Severity Compensation Bracket Notes
Multiple severe injuries with financial losses Severe Up to £1,000,000+ Multiple injuries that are severe and have a financial impact, such as payments for medical treatment
Brain and head Very severe £344,150 to £493,000 The award will depend on various factors. These include associated behavioural issues, how extensive physical limitations are, and life expectancy
Moderate (ii) £110,720 to £183,190 The injury causes a level of intellectual deficit that is moderate to modest, with an inability or reduced ability to work and a risk of epilepsy
Back Severe (i) £111,150 to £196,450 This bracket applies to injuries affecting the nerve roots and spinal cord. Besides severe pain, there will be issues like significantly impaired bladder function
Neck Severe In the region of £181,020 Injuries of this nature are associated with permanent spastic quadriparesis and incomplete paraplegia
Arm Severe £117,360 to £159,770 Extremely serious injuries that fall short of amputation. An example of such an injury includes serious brachial plexus damage
Pelvis & hips Severe (i) £95,680 to £159,770 Fractures that are extensive, causing injuries like a low back joint dislocation and a rupturing of the bladder
Shoulder Severe £23,430 to £58,610 This bracket is often connected to damage to the brachial plexus, giving rise to a disability that is significant
Elbow Less severe £19,100 to £39,070 Injuries where functioning is impaired but there is no need for major surgery, and a claimant will not have significant disability
Financial Losses After A Car Park Accident
You may also be able to claim for financial losses after a car accident. If they resulted from your injuries, then you can claim for your out-of-pocket expenses under special damages. Examples of what you could recover include:
- A loss of income- Your healing process may have required you to take time off from employment
- Care costs- In cases of serious injury, a claimant may need professional help as part of their daily life
- Home adaptation costs- You may need a stairlift or handrails installed in your house to make it possible to live with your injuries.
- Medical expenses- If you need to pay for prescriptions, private medical treatments or physiotherapy as part of recovery, this can be included
It is important to note that you cannot claim special damages without evidence of your expenses. So, be sure to provide bank statements, invoices, or receipts to show your losses.
The Whiplash Tariffs
When it comes to claiming for whiplash injuries, there are set tariffs established by the Whiplash Injury Regulations 2021. These regulations were introduced as part of the Whiplash Reform Programme, which changed how certain road traffic accident claims are made in England and Wales.
Those changes mean that the whiplash tariff applies in cases where:
- Someone was a driver or passenger at the time they sustained their injuries
- Their injuries are valued at less than £5,000
- They were at least 18 at the time of the accident
We have included some of these tariffs in the table below. They are based on the length of time for which you experienced the injury and whether there was also psychological harm.
Please note that the tariff applies only to whiplash and soft tissue injuries. Any other harm you suffered in your car park accident would be valued according to guidance published in documents like the JCG.
You may still be wondering about whiplash tariffs or how personal injury compensation is calculated. Our advisors would be happy to help with this. They can give you a free case assessment without requiring you to make any legal commitments. So, please do not hesitate to reach out today.
| How Long The Whiplash Injury Persisted | Was There Also Psychological impact? | Compensation Tariff |
|---|---|---|
| Between 18 and 24 months | Yes | £4,345 |
| Between 18 and 24 months | No | £4,215 |
| Between 15 and 18 months | Yes | £3,700 |
| Between 15 and 18 months | No | £3,005 |
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Is There A Car Park Accident Claim Time Limit?
Yes, there is a time limit for car park accident claims. Generally, you have a period of 3 years to start your claim, beginning from the date of the incident. This window is set by the Limitation Act 1980.
However, the 3-year limitation period won’t apply under the following circumstances:
- The affected party is a minor (under the age of 18)
- The affected party lacks mental capacity
This is due to the fact that such individuals are not able to claim for themselves. During this pause on time limits, someone else can represent a claimant as their litigation friend. This role requires the nominated person to act in the best interests of the affected party and claim on their behalf. Additionally, they must maintain communication with the solicitor who is working on the case.
If a litigation friend isn’t used to bring about a claim, then the impacted person has the option to independently pursue compensation from one of the following dates:
- The date of their 18th birthday
- The date on which mental capacity is recovered
If you have any queries about legal time limits and how they can affect a claim, speak to our team today. They can confirm how the limitation period applies to your specific case and ensure you get started as soon as possible.
What Evidence Will Support My Car Park Accident Claim?
Medical records, witness statements, and photographs are just some of the evidence that can support your car park accident claims. Whatever evidence is supplied must show the extent of your injuries and how another party is liable for them. You may do this by providing:
- A copy of your medical information- This can establish the extent of the physical and/or psychological impact that you suffered
- Bank statements/payslips (if you are hoping to recover financial impact under special damages)
- Photos of your injuries and/or the accident scene
- Video footage of the incident- You could check whether the car park where you were injured has CCTV footage
- Contact details of potential witnesses- If you work with one of our solicitors, they use this information to request eyewitness statements
- Driver information – You may also need the contact details of the driver, their insurance, and any relevant vehicle particulars (particularly the registration)
- A police report- Car accidents are sometimes reported to the police. You can use a copy of this report to provide valuable insight into what happened
Speak to a member of our advisory team today to discuss what evidence you should supply. Do not worry if you feel uncertain about what evidence is required. Our solicitors support eligible claimants in this regard.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
Why Choose JF Law
You should choose to work with JF Law because our solicitors are committed to making the claims process as smooth an experience as possible. As part of this commitment, they offer their services on No Win No Fee terms. They do this through a Conditional Fee Agreement (CFA), which means you would not have to pay any solicitor service fees:
- Before the car park accident claim begins
- While the case is underway
- If you do not receive compensation
However, provided that you gain compensation, you will need to pay a success fee. This is the percentage of compensation that you would give to your solicitor for their work. However, there is a legally enforced cap on the percentage so that you benefit most from the compensation.
As well as this excellent fee arrangement, you will get access to a range of quality services, including:
- Expert negotiations to secure a settlement that appropriately covers your injuries and their financial impact
- Legal guidance and help in understanding any jargon that you are unsure of
- Assistance with the collection of any evidence that you need to prove your case
- Professional handling of correspondence with the defending party on your behalf
Contact Our No Win No Fee Solicitors
You can contact a member of our advisory team today to find out whether you can be put in touch with one of our No Win No Fee solicitors. However, there are no strings attached to our advice. If you are not sure whether you want to proceed with a solicitor at this stage, you can simply get in touch to raise a general query.
- Call us on 0151 375 9916
- Complete our online contact form
Frequently Asked Questions
Keep reading to get the answers to some frequently asked questions associated with car park accident claims.
Can I Claim If Someone Hit My Parked Car?
If someone hit you while your car was parked, you could have valid grounds to make a personal injury claim on the condition that you were injured.
Can I Claim Against A Private Car Park?
You can claim against a private car park for your injuries if they owed you a duty of care, as outlined in an earlier section.
Am I Able To Claim If I Was A Passenger?
You can claim compensation as a passenger. You may need to make a claim against the driver of the vehicle you were in or the driver of another vehicle.
What If I Was Involved In A Hit And Run?
If you were involved in a hit-and-run, you will likely need to make your claim through the Motor Insurance Bureau (MIB). This is the organisation that pays compensation to those who cannot claim compensation through another driver’s insurance provider.
Do I Have To Report A Car Park Accident To The Police?
Not all car accidents need to be reported to the police. However, you are required to report incidents under certain circumstances, such as when a person is injured.
Learn More
Read our other person injury guides:
- Follow our guidance on motorbike injury claims
- Learn about knee injury claims
- Visit our guide on back injury claims
External resources:
- Find out whether you can claim Statutory Sick Pay (SSP)
- Read the Highway Code rules on waiting and parking
- Visit the Department for Transport statistics on road safety
Thank you for reading our guide on car park accident claims.
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