If you have sustained injuries in a car accident that was not your fault, it is important to understand that you have a legal right…
Car park injury claims
If you’ve been injured in a car park accident because of someone else’s negligence, you may be eligible to make a compensation claim with a no win no fee solicitor.
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Car Park Accident Claims
If you’ve been injured in a car park because of someone else’s negligence, you may be eligible to make a car park accident claim. Car park operators owe you a duty of care and must take reasonable measures to keep you safe from foreseeable harm and injury.
Car park accidents can occur due to potholes, poor lighting, inadequate signage, poor maintenance, and other forms of negligence. You may be able to claim for any physical or psychological injury sustained, medical expenses, loss of earnings and other related financial losses.
Call 0800 470 0474 for a free case assessment or request a call back. An experienced legal adviser will review your situation and explain your legal options. If eligible, you can proceed on a no win no fee basis, with dedicated support at every step of the claims process.
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Table of Contents
What is a car park accident claim?
A car park accident claim is a type of personal injury claim made when someone is injured in a car park due to negligence. This may occur when car park owners and operators fail to maintain safe premises or address hazards.
Examples of car park accidents include:
- Pedestrian slips, trips and falls
- Vehicle collisions, including reversing accidents
- Pedestrians being hit by vehicles
- Injuries caused by potholes and uneven ground
- Falling objects or structural hazards
Our partner solicitors have helped claimants secure compensation following accidents in car parks at major retailers such as Tesco, ASDA, and Morrisons, shopping centres, restaurants, train stations, and many other privately owned premises.
Can I claim compensation for a car park accident?
Yes, if the following can be proven, you could claim compensation for an accident in a car park:
- A legal duty of care existed.
- That duty of care was breached.
- As a result of this negligence, you were injured.
- You are within the legal time limit to start a claim.
A personal injury solicitor can assess your case during a free initial consultation and help you pursue the compensation you deserve for your injuries.
Who is responsible for accidents in car parks?
Under the Occupiers’ Liability Act 1957, the party in control of the premises is responsible for any car park accidents caused by a breach of duty. You could make a public liability claim against a local council or the owner of a private car park who has failed to ensure:
- Safe walking surfaces
- Adequate lighting and signage
- Clear warning signs
- Proper inspection and maintenance
In some cases, an accident in a car park may instead be caused by a driver who has breached their duty of care under the Road Traffic Act 1988 by driving carelessly or recklessly.
If your claim is successful, any compensation awarded will typically be paid by the defendant’s public liability or motor insurer.
How to make a car park injury claim
There are a few steps you should take if you were involved in a car park accident and are considering making a compensation claim:
- Seek medical attention to have your injuries diagnosed and treated.
- Report the accident to the responsible party and request a signed copy of the report.
- Take photos of the accident scene, hazards, injuries and the damage to your car.
- Ask for the contact details of any witnesses or drivers involved in a car accident.
- Get in touch with a solicitor for expert legal advice.
Once a solicitor takes on your case, they will help you gather further supporting evidence, obtain medical reports and send a letter of claim to the defendant outlining the compensation you seek.
If liability is admitted, you can begin negotiating a settlement. If they deny it or you can’t agree on compensation, court proceedings may be needed. However, most claims for car park accidents are resolved without the need for a trial.
How much compensation could I receive?
Compensation for car park accidents usually covers two types of damages:
General damages are compensation for pain, suffering and loss of amenity. Awards are based on the type and severity of the injuries suffered and are calculated according to the Judicial College Guidelines.
Examples may include:
- Minor soft tissue injuries with recovery within 2 years – Up to £9,630
- Serious fractures of the nose or jaw, or the loss of several teeth – £15,320 to £26,010
- Moderate ankle or wrist injuries with some ongoing symptoms – £16,770 to £32,450
- Pelvis and hip injuries that may need hip replacement or other surgery – £15,370 to £32,450
- Severe spinal fractures or disc damage with ongoing disability – £52,390 to £104,370
- Brain injuries that affect memory, intellect and the ability to work – £110,720 to £183,190
Special damages cover past and future financial losses related to the accident and typically make up the more substantial part of the compensation. Examples include:
- Private medical treatment
- Travel expenses
- Loss of earnings
- Care costs
- Rehabilitation and medical aids
For an estimate of your compensation prospects, please refer to our free online compensation calculator. You can also call 0800 470 0474 to have your case reviewed for free by a legal adviser.
Time limits to claim for accidents in car parks
Under the Limitation Act 1980, the standard time limit to start a claim is three years from the date of the accident. Exceptions include:
- Children – A suitable adult could make a child injury claim at any time before their 18th birthday, no matter when the accident took place.
- Mental capacity – No limitation period applies for a litigation friend to claim for damages on behalf of someone who is mentally incapacitated.
It is highly advised that you start your claim as soon as possible. This will help ensure that evidence is preserved and details of the incident are still fresh in your mind, which may improve your chances of success.
No win no fee car park accident claims
If you have grounds to make a claim, a no win no fee solicitor will help you get the compensation you deserve, and you will not have to pay anything upfront. Furthermore, a conditional fee agreement means that there is no financial risk, and you won’t have to pay them at all if your claim fails.
You only pay your solicitor if you make a successful car park accident claim. If you win, a success fee will be deducted from your compensation (excluding future financial losses). This fee is capped at 25% by law.
Evidence needed to support your claim
A car park accident compensation claim must be supported by evidence proving who’s at fault, the injuries sustained and the impact on your life. This typically includes:
- Medical records – With your approval, your lawyer will request copies of your medical documents to confirm the type and severity of your injuries.
- Accident reports – A signed copy of the report filed with the car park’s owner or occupier.
- Witness statements – These can help corroborate your version of the events and assess liability.
- Visual evidence – Photographs and CCTV footage of the accident, as well as pictures of your injuries immediately after and during recovery.
- Inspection and maintenance records – These will help prove whether the party in control of the car park took reasonable steps to keep the premises safe in public liability claims.
- Proof of financial losses – Receipts, payslips, invoices and any other documents proving the losses and expenses incurred due to the accident.
Car park accident claims FAQs
Common causes of pedestrian and road traffic accidents in car parks include:
- Potholes or uneven surfaces
- Poor lighting or limited visibility
- Unclear road markings or signage
- Distracted drivers failing to check blind spots
- Speeding or other dangerous driving
- Failing to grit ice and snow during winter
- Poorly maintained equipment
Injuries caused by slips, trips, falls and collisions in a car park include:
- Bruising and lacerations
- Broken bones
- Head and brain injuries
- Back and neck injuries
- Soft tissue damage
- Psychological injuries
In severe cases, accidents could lead to catastrophic injuries, such as spinal cord damage, amputations, paralysis and lifelong disability.
Yes, you can make a personal injury claim for whiplash if it was caused by another party’s negligence. According to the Whiplash Injury Regulations 2021, your claim will be valued based on the duration of injury and whether you suffered psychological injuries on the same occasion. Compensation ranges from £240 to £4,345.
Yes, you can still claim compensation if you were partially at fault for the damage or injuries you suffered. However, under contributory negligence rules, your compensation may be reduced proportionally to your part of the blame.
Yes, if you were injured in a car park at work, you may be able to make a workplace accident claim against your employer. Under the Health and Safety at Work etc. Act 1974, they have a duty to take reasonable measures to keep you safe from harm and may be liable for compensation if your accident was due to a breach of duty.
If you were involved in an accident with another vehicle and the driver is uninsured or has failed to stop, you could still receive injury compensation. A car accident claim may be possible through the Motor Insurers’ Bureau (MIB), a non-profit organisation funded by premiums paid by law-abiding motorists.
Most straightforward car park accident claims are resolved within 6 to 9 months. However, complex cases where liability is disputed, or injuries are severe, may take 12-24 months or even longer to resolve. Your solicitor may be able to apply for interim payments if you have urgent financial needs.
While there is no legal requirement, hiring an experienced car park accident solicitor can make the process much easier and improve your chances of success. They will be able to establish liability, build a compelling case and negotiate the maximum compensation on your behalf. In the meantime, you can focus on your recovery without the added stress of legal proceedings.
Still not sure if you have a valid car park claim? Call 0800 470 0474 today or request a call back for a free consultation with a legal adviser. They will help you understand your options and answer any questions you may have.
