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I Had An Accident In A Car Park – Who’s At Fault And Can I Claim?

By Lewis Cobain. Last Updated 15th December 2023. If you have been injured in an accident in a car park due to another road user breaching the duty of care they owed you, then you may be able to claim compensation. 

In this guide, we explain the process behind car park accident claims. This includes advice on what steps to take if you are hurt in a car park accident, how the law may provide grounds for you to claim compensation and how much compensation may be offered.

This guide also covers different types of evidence that can support car park accident claims and the benefits of making a claim with the help of a No Win No Fee solicitor. 

You are welcome to contact us about your eligibility to claim if you’ve been hurt in an accident in a car park, such as a multi-storey car park. Our advisors are available 24 hours a day, 7 days a week to answer your questions. To reach them, you can do any of the following:

car park accident claims

Car park accident claims guide

Select A Section

    1. I Had An Accident In A Car Park – Who’s At Fault And When Could I Claim?
    2. Can You Claim For An Injury Or If Your Car Is Damaged In A Private Car Park?
    3. Compensation Payouts For Car Accident Claims
    4. What Evidence Can Support A Car Park Accident Claim?
    5. Accidents In Car Parks – Get In Touch To Claim With Our No Win No Fee Solicitors

You can check out this quick video below which summarises our guide:

I Had An Accident In A Car Park – Who’s At Fault And When Could I Claim?

If you have been involved in an accident in a car park, you may be wondering whether you could make a personal injury claim. For you to have a valid claim, you will need to prove:

  1. Someone else must have owed you a duty of care.
  2. This person breached their duty.
  3. This breach caused your car park accident, and you subsequently suffered an injury.

Some examples of the parties that owe you a duty of care while on a car park include:

  • The occupiers of the car park: Whoever controls the car park premises has a duty of care under the Occupiers’ Liability Act 1957 to ensure you are as safe as reasonably practicable while using that public space.
  • Motorists: Road users owe each other a duty of care to use roads and car parks in a manner that prevents causing injury to themselves and others. They must also adhere to the rules and regulations found within the Highway Code and the Road Traffic Act 1988.

Speak to our friendly advisors, and they can answer your questions, including, ‘I had an accident in a car park, who’s at fault?’ In the UK, you won’t be charged for contacting our advisors via telephone. Ring at any time on the number at the top of this page.

Time Limits In Personal Injury Claims

If you are making a claim, it will be subject to the time limits set by the Limitation Act 1980. This is typically three years from the date of the accident that caused your injuries.

However, certain circumstances suspend the limitation period. In these cases, a litigation friend may be appointed to start legal proceedings on behalf of the injured party. These include:

  • Children under the age of 18 cannot begin proceedings until their 18th Once they turn 18, the time limit is no longer suspended, and they have three years to begin proceedings if a claim has not been started on their behalf.
  • Those who lack the mental capacity to start a claim also cannot begin proceedings. The limitation period is suspended indefinitely. However, if they regain their capacity and a claim was not started on their behalf, they will have three years from the date in which it was determined that their mental capacity was regained.

Call our advisors for free advice about making a claim. They can check your eligibility for compensation as well as value your claim and make sure you are within the time limit.

What To Do If Someone Hits Your Parked Car

If your car was hit while parked in a car park and the driver drove off, it’s important to gather evidence.

For example, consider obtaining the CCTV footage from the car park operators. Additionally, you should take photographs of the damaged vehicle. Such evidence can help prove there has been a hit-and-run on your parked car.

It’s also important to ensure there is no failure to report an accident in a car park to the police. You must report the incident within 24 hours if no details were exchanged at the time of the accident and if damage or injury was caused.

Also, whether or not you wish to make a claim, you should still notify your car insurance of the incident. 

Speak to our advisors at any time if you have additional questions about car accident claims. They could connect you to our panel of road traffic accident solicitors if your claim is valid and has a chance of success.

Compensation Payouts For Car Accident Claims

If you were injured in a car park accident, you might be wondering how much compensation you could receive if your car park accident claim were to succeed.

All successful claimants receive general damages; this is one of two heads of claim that your compensation can be made up of. 

General damages cover the pain and suffering you experience as a result of your injuries. Those who value this head of claim can refer to the Judicial College Guidelines (JCG) for help, as this document provides guideline compensation brackets for a number of different injuries.

You can find some examples of these below, but please note that the first entry is not taken from the JCG.

Guideline Compensation Table

Edit
Injury Guideline Compensation Bracket Comments
Serious multiple injuries with special damages Up to £1,000,000+ Multiple serious injuries that can be both physical and mental with special damages, such as a loss of earnings.
Leg – Amputation (a) (i) £201,490 to £270,100 Loss of both legs.
Neck – Severe (a) (i) Up to the region of £148,330 Incomplete paraplegia from associated neck injuries.
Neck – Moderate (iii) £7,890 to £38,490 Injuries range from those that have been exacerbated by a pre-existing condition to dislocations and fractures that cause severe immediate symptoms.
Arm – Severe (a) £96,160 to £130,930 Injuries which do not require amputation but that are very serious and result in the injured person being not much better off than where the arm could have been lost; for example, a serious brachial plexus injury.
Arm – Less Severe (c) £19,200 to £39,170 Significant disabilities, for which a significant level of recovery is anticipated or will have been required.
Wrist – Loss Of Function (a) £47,620 to £59,860 Injuries resulting in complete loss of function in the wrist for example, where an arthrodesis has been performed.
Knee – Moderate (b) (i) £14,840 to £26,190 Injuries which involve torn meniscus, cartilage or dislocation. This can result in wasting, minor instability weakness or another future (mild) disability.
Whiplash – One or multiple whiplash injuries with one or multiple psychological injuries £4,345 Symptoms lasting between 18-24 months.
Whiplash – One or multiple whiplash injuries £4,215 Symptoms lasting between 18-24 months.

What Are Special Damages?

Special damages are the second head of claim, and cover the financial losses that your injuries cause.

For example, if you need to take time off work to recover from your injuries, this could lead to a loss of earnings. Special damages could help you recoup these losses, as well as the cost of:

  • Mobility aids.
  • Prescriptions.
  • Travel.
  • Childcare.
  • Help with housekeeping. 

To learn more about making a car park accident compensation claim, contact our team of helpful advisors today. They can evaluate your claim for free, and offer more insight into the claiming process.

Do The Whiplash Reforms Affect My Claim?

Certain claimants might have to make their claim through the Whiplash Reform Programme. If you are a passenger or driver in a vehicle and 18 or older, the value of your injuries will determine how you claim. The reforms do not apply to pedestrians.

Minor injuries suffered in a road traffic accident, valued at £5,000 or below will be claimed through the whiplash reforms. In addition, the overall value of your claim cannot exceed £10,000.

For example, if your car was damaged in a car park and you would like to include this as part of your claim, the value of the repairs combined with the value of your injuries cannot be more than £10,000.

If you suffer whiplash in a car accident, it will be assigned value from the tariffs in the Whiplash Injury Regulations 2021. However, other minor injuries will be valued in accordance with the compensation brackets set in the Judicial College Guidelines (JCG), which we examine later in this guide.

What Evidence Can Support A Car Park Accident Claim?

In car park accident claims, you’ll be required to present evidence that can prove that the defendant acted negligently and that you suffered harm as a result. For example:

  • A diagnosis from a doctor or medical professional can prove the extent of your injuries. If you went to the hospital after the accident, ask for your hospital records.
  • Ask for the contact details of anyone who might have witnessed the car parking accident, so that your solicitor can get in touch with them.
  • Take photographs of your injuries or any damage to your car.
  • Request CCTV footage if your car was damaged in a car park. The footage can determine exactly what happened and who caused the damage.
  • Proof of any financial harm or expenses you have incurred because of your injuries, such as a bank statement or invoice. They can be helpful if you seek special damages.

Please don’t hesitate to contact us if you would like to discuss what other evidence you could obtain for your car accident claim.

Additionally, we could put you in touch with one of our expert road traffic accident solicitors and they can help you collect evidence.

Accidents In Car Parks – Get In Touch To Claim With Our No Win No Fee Solicitors

One of our lawyers may be able to help you with your claim. They have experience with personal injury claims for car park accidents and could help you with gathering evidence, ensuring your claim is filed within the limitation period, and guiding you through the claims process.

Furthermore, they may offer you a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA). Under this type of arrangement, you will not be required to pay anything upfront or during the process of your claim to your lawyer for their services. Additionally, you won’t have to pay them a fee for the work they have done on your case if it is unsuccessful.

Should your claim succeed, your lawyer will deduct a success fee from the compensation awarded to you. The percentage that they can take as this fee is legally limited.

Our friendly advisors could inform you whether you are eligible to work with one of our lawyers. They can also help answer any questions you may have about personal injury claims for accidents in car parks.

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To get in touch with one of our advisors, you can:

Helpful links

Below, you can find some useful links on personal injury claims.

Thank you for reading our guide on car park accident claims.

 

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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