By Cat Grayson. Last Updated 5th July 2023. In this guide, you will find information on making a car park accident claim. We will look at how car park accidents could occur and possible injuries that could be sustained as well as the compensation that could be awarded for the way you have been affected. This guide also contains a breakdown of the eligibility criteria for making a personal injury claim following a road traffic accident.
We will explore the duty of care road users owe to one another to prevent harm and the legislation that they must adhere to.
At the end of this guide, there is a breakdown of the advantages involved in making your potential claim with a solicitor who offers a type of No Win No Fee agreement.
You can contact our helpful team for free advice regarding your potential car accident claim via:
Select A Section
- What Could Your Car Park Accident Claim Be Worth?
- When Could You Make A Car Park Accident Claim?
- What Accidents Could Happen In Car Parks?
- What Evidence Could You Collect?
- Why Choose A No Win No Fee Solicitor?
- Find Out More About How To Make A Car Park Accident Claim
If your car park accident claim is successful, you will be awarded personal injury compensation for the physical as well as the emotional impact your injuries had. This is awarded under general damages, one of the heads of claim that can make up your overall personal injury payout.
Solicitors can refer to provided medical evidence alongside the Judicial College Guidelines to calculate this head of claim. This is a document containing a list of guideline compensation figures, some of which we have used to create the following table. It is important to note that personal injury claims are assessed individually; because of this, the information below is for guidance purposes only.
You can also find tariff amounts from the Whiplash Injury Regulations 2021. These are used to value whiplash injuries and are fixed amounts.
|Brain or Head Injury (a)||Very Severe||Little, if any, evidence of meaningful response to environment and the need for full time care.||£282,010 to £403,990|
|Brain or Head Injury (b)||Moderately Severe||Very serious disability such as limb paralysis and marked impairment of intellect and personality.||£219,070 to £282,010|
|Back Injury (a)||Severe (i)||Damage to the spinal cord and nerve roots leading to a combination of severe pain and disability.||£91,090 to £160,980|
|Back Injury (b)||Severe (ii)||Damaged nerve roots with sensation loss, impaired mobility and unsightly scarring.||£74,160 to £88,430|
|Arm Injury (a)||Severe||Injuries that do not require amputation but are still extremely serious and result in the person being little better off than if they had lost the arm completely.||£96,160 to £130,930|
|Arm Injury (c)||Less Severe||Substantial degree of recovery will have taken place or be expected despite significant disabilities.||£19,200 to £39,170|
|Leg Injury (c)||Less Serious (i)||Fractures or soft tissue injuries where an incomplete recovery is made.||£17,960 to £27,760|
|Leg Injury (c)||Less Serious (ii)||Simple fracture of a femur with no damage to articular surfaces.||£9,110 to £14,080|
|Whiplash||One or more Whiplash Injuries||Symptoms lasting more than 15 months but not more than 18 months.||£3,005|
|Whiplash||One or more Whiplash Injuries, with one or more minor psychiatric harm||Symptoms lasting more than 18 months but not more than 24 months.||£4,345|
If your injuries have caused you to experience financial losses, you can be awarded compensation for these under special damages, the other head of claim that can form part of your compensation settlement. Below are examples of possible costs that could be compensated:
- Loss of earnings: If your injuries require you to take time off work, you could claim for the loss of income.
- Childcare costs: If you have young children and your injuries render you unable to care for them, the cost of childcare can be reimbursed.
- Medical expenses: If you required any counselling, physical therapy or other medical services that you had to pay out of pocket, these could be compensated under special damages.
Retain any documentation, such as invoices, receipts or payslips, to use as evidence of financial losses.
For more information on the personal injury settlement that you could potentially receive following a successful car park accident claim, call an advisor on the number above.
Will The Whiplash Reforms Impact My Overall Payout?
Adult drivers and passengers who have sustained injuries valued at £5,000 or below need to make their claim through a different avenue, due to changes brought in by the Whiplash Reform Programme.
Additionally, the value of any whiplash injuries will be worked out in accordance with the tariff laid out in the Whiplash Injury Regulations 2021. If you have sustained other injuries that are not included in the tariff, these will be valued in the traditional way.
Also, if you have sustained other injuries that take the overall value of your claim over £5,000, you will claim via the traditional route. However, any whiplash injuries will still have their value calculated using the whiplash tariff.
If you would like to know how much your personal injury claim is worth, please contact an advisor. They can provide a free personalised estimate of how much you could be owed, should your claim succeed, and whether the whiplash reforms will influence your case.
Road users have a duty of care to one another to do everything they reasonably can to prevent one another from experiencing harm, per the Road Traffic Act 1988. Furthermore, the Highway Code outlines the responsibilities of road users. It is important to note that the Highway Code contains both recommendations and rules. The rules are backed by law.
You need to satisfy the following requirements in order to make a personal injury claim following a road traffic accident:
- Another road user owed you a duty of care.
- They breached the duty of care that they owed you.
- This breach caused you to be injured.
Accidents In A Car Park – Time Limit And Exceptions
When you begin a personal injury claim, it’s important to make sure that you start proceedings within the relevant time limit. The time limit for starting a claim for an accident in a car park is generally three years. This is set out by the Limitation Act 1980 and starts on the date of your accident.
This rule comes with some exceptions. For example, if someone is injured in a car park accident while under the age of eighteen, then the time limit is frozen. It reinstates on their eighteenth birthday and runs until they turn twenty-one. However, a litigation friend can make a claim for them at any point while the time limit is frozen.
Similarly, the time limit is frozen for those who lack the capacity to claim for themselves. The limit will remain frozen indefinitely unless they recover the capacity to claim, at which point it reinstates on the date of their recovery. Otherwise, their claim can be made by a litigation friend.
Contact our team of advisors today to find out if you are within the relevant time limit to claim for a car park accident. They can help identify whether or not you have a valid claim and may be able to connect you with a solicitor from our panel.
Split Liability In A Car Park Accident Claim
If you are deemed to be partially at fault for the accident, you could make what is called a split liability claim. For example, if you and another driver were reversing out of a parking space without paying due care and attention and you collide, it could cause reversing injuries to both drivers. A split liability claim could be made as both drivers breached their duty of care to one another. If your car park accident claim is successful, your compensation award will be reduced according to how at fault you were for the accident.
For more information on when you could be eligible to seek road traffic accident compensation and the factors that could influence the award you are given, please speak with an advisor on the number above.
The presence of multiple manoeuvring vehicles as well as pedestrians can contribute to the risk of car park accidents. Rules 238 to 252 of the Highway Code contain information on safe vehicle manoeuvring and minimising the risk of accidents.
Examples of accidents that could occur in car parks could include:
- A driver not adhering to one-way arrow markings, or using the wrong ramp in a multistorey car park, resulting in a head-on collision with another moving vehicle causing whiplash injuries to the vehicle occupants.
- A driver reversing out of a parking space but failing to look all around their vehicle and hitting a pedestrian in an accident, causing them to sustain a broken leg.
- A vehicle moving above the car park speed limit and hitting a cyclist, causing them to suffer a head injury.
To discuss your specific case and find out if you could be eligible to make a car park accident claim, call our team.
Evidence can help show that another road user breached their duty of care and that this breach was the cause of your injuries. Thorough evidence can also show the impact of your injuries on your physical and mental health. Examples of possible evidence that could be collected to strengthen your car park accident claim are as follows:
- After receiving treatment, acquire copies of the medical records, for example, X-rays or other scans.
- Keep a diary during treatment, including your symptoms and the physical and mental effects on you.
- If the car park has CCTV, request a copy of the footage. You could also acquire a copy of any dash cam footage.
- Collect the contact information of any potential witness who could provide witness statements at a later date. These can provide accounts of how the accident happened.
- Take photographs of your injuries and the immediate scene of the incident.
- Documents illustrating a monetary loss, such as invoices.
A personal injury solicitor from our panel could assist you with the collection of evidence, should you choose, and are eligible, to work with them. If you would like support or have questions about what types of evidence you should collect or other aspects of the personal injury claims process, you can contact our advisers using the information below.
A personal injury solicitor from our panel can offer you a No Win No Fee contract known as a Conditional Fee Agreement (CFA). Generally, there are no fees required upfront or during your claim for a solicitor’s services with this type of contract. You will also not have to pay the solicitor for the work they have done if your claim does not succeed.
A success fee will be taken directly as a percentage of your compensation amount if your claim succeeds. You and your solicitor will agree upon a success fee before your claim commences. Also, the percentage they can take is legally capped, so you get to keep most of your compensation.
Talk To Our Team
If you are unsure as to whether you could make a car park accident claim, or have any questions regarding the information in our guide, you should contact our advisers.
To get in touch, you can:
For more of our guides:
- Learn more about what to do to do if you were hit by a stolen car.
- Read about making a claim if you were injured as a passenger.
- Find out about making a fatal road accident claim.
For more resources:
Thank you for reading our helpful guide on when you could make a car park accident claim and how much compensation you could be owed. If you have any other questions, call an advisor on the number above.
Written by HC
Edited by MMI