By Joanne Jeffries. Last Updated 17th April 2022. Welcome to our guide to making a garage accident claim or motor vehicle repair accident claim. In it, we explain mechanic negligence in detail; answering questions such as ‘Do garages have a duty of care?’ ‘How can accidents be avoided in a garage?’ and ‘when could I claim compensation?’
Mechanic negligence – Do garages have a duty of care?Both customers and especially mechanics could be at risk of a garage accident if care is not taken and mistakes are made through negligence. If an accident occurs and someone is injured, it may be possible to make a motor vehicle repair accident claim for compensation which could help financially support the injured party during their recovery. For example, paying for any incurred expenses, or for any time taken off of work, could prevent financial hardship. However, personal injury claims can be very complex and so having an experienced legal team take charge of a garage accident claim, could be advantageous towards securing the maximum amount of compensation possible.
Helping you claim for mechanic negligence
Accident Claims UK works with a team of expert personal injury solicitors who have many years’ experience in the personal injury claims industry. They could help you through the claim process to ensure you have a strong case against a negligent third party. Regardless of whether you sustained a slip, slip or fall injury, a crush injury, spinal injury, or foot injury, if you suffered an injury caused by somebody else’s negligence, speak to our team at Accident Claims UK on 0800 073 8801 to start your No Win No Fee motor vehicle repair accident claim today.
Select A Section
- A Guide To Motor Repair Garage Accident Claims
- What Is A Motor Repair Garage Accident?
- Garage Operators’ Duty Of Care
- Garage Accident Back Injuries
- Garage Mechanic Crush Injuries
- Slipping, Tripping Or Falling Accidents In A Garage
- Repetitive Strain And Hand Arm Vibration Injuries
- Injury Or Illness Caused By The Inhalation Of Toxic Fumes
- Motor Vehicle Repair And Garage Industry Health And Safety
- Garage Motor Vehicle Repair Accident Claim statistics
- Garage Or Motor Vehicle Repair Accident Personal Injury Claims Compensation
- Special Damages In Garage And Mechanic Injury Claims
- Eligibility To Claim Compensation And Make A Motor Vehicle Repair Accident Claim
- No Win No Fee Garage Or Mechanic Accident Claims
- Why Choose Accident Claims UK For Your Garage Or Mechanic Injury Claim?
- Start Your Garage Accident Claim Or Motor Vehicle Repair Accident Claim
- Health And Safety Resources Relating To A Motor Vehicle Repair Accident Claim
Welcome to our guide on how to make a motor vehicle repair accident claim if you suffered as a result of having your car repaired.
Whether you’ve been involved in a road traffic accident, and your car insurance company pays for repair work via an insurance claim or you’ve put your car in garage for a service as per your car insurance terms and conditions, you’d expect the repairs to be carried out in a safe environment, whether you get a courtesy car or replacement vehicle from the mechanic or not.
Do garages have a duty of care towards workers?
Garages can be dangerous environments if care is not properly taken to ensure workers and visitors’ safety. There are numerous types of equipment, machinery and tools in a motor vehicle repair garage which if not operated properly, sufficiently maintained, or not put away when not in use, could cause all manner of injuries such as slip, trip and falls, head injuries, crush injuries, breaks, fractures and more. It is the responsibility of the owner, or the occupier of the garage to have relevant garage safety procedures in place to ensure a safe environment for all visitors to the garage and its employees.
When working in a garage you should be made aware by the employer of the health and safety policies and procedures you are expected to follow. If they fail to give the correct training, they could be sued for negligence should you be injured in an accident at work.
Making Mechanic Negligence Claims With Us
In this guide, we provide information to help you if you are considering making a motor vehicle repair accident claim. We include what type of accidents might occur in garages, what the garage operator’s duty of care is, we discuss different accidents that can be claimed for, we look at some motor repair accident statistics, and also what can be included in your claim. The guide also covers how much compensation you could receive and the potential benefits of using a No Win No Fee personal injury solicitor.
If you have any questions on how to make a garage accident claim after reading through the guide, please feel free to contact us at Accident Claims UK and we will endeavour to help you with your enquiry.
Accidents involving mechanics or approved repairers could happen in a variety of different ways. Incidents involving visitors to the garage are perhaps fewer but do still happen. Common accidents in a garage involve slip, trip or falling over spillages such as oil and brake fluid, or tripping over tools, equipment, or car parts left lying around for example. Other accidents may involve the use of faulty machinery, incorrect use of machinery, lifting and handling accidents, or accidents involving the use of lifting equipment and so on. A variety of injuries could result in some being serious with long-lasting effects. Injuries that could be inflicted in a motor repair accident may include the following:
- Cuts and lacerations
- Broken or fractured bones
- Hand or finger injuries
- Head injuries
- Crush injuries
- Sprains and strains
- Damage to disks or muscles in the back, and sometimes in the neck
In some circumstances, the injuries sustained may be short term and a full recovery could be made but occasionally they can be more serious, resulting in the victim experiencing a lot of pain and suffering which could result in having to take time off work. If the accident that resulted in your injury was caused by negligence of some kind in a repair garage, a personal injury claim could be filed providing liability can be determined. Making a garage mechanic injury claim, or garage accident claim could help you by providing financial assistance whilst you recover from your injury.
Please read on for more information on how to make a motor vehicle repair accident claim.
As with any business, the employer or owner of a garage under UK law has a duty of care to their employees or anyone entering their premises which is to ensure a safe environment by following government health and safety guidelines. They must ensure they have health and safety policies and procedures in place relevant to a garage environment and the work being carried out.
All staff must follow these procedures when needed. An example of this could be to ensure that any spillages are highlighted and cleared as soon as possible to reduce the risk of someone sustaining a slip injury. An employer must also make sure that any equipment and/or machinery is not only routinely serviced and maintained but is only operated by staff trained in its use.
Some of the rules and regulations regarding health and safety in motor vehicle repair and associated industries include:
- The Manual Handling Operations Regulations 1992 – these are in place to protect injuries occurring from incorrect lifting and handling techniques
- The Health And Safety At Work Act 1974 – these regulations by law require that all employers provide a safe work environment by undertaking risk assessments, ensuring equipment and machinery is regularly maintained, and providing personal protection equipment when required
- The Control Of Substances Hazardous To Health Regulations – employers are required by law to make sure that they take all precautions possible to prevent exposure to harmful substances by providing industry-standard personal protective equipment to prevent inhalation or skin contamination
- Provision And Use Of Work equipment And Regulations 1998 – these regulations are to ensure any equipment and machinery is regularly tested and maintained in full working order and fit for purpose
If an employer or owner of a garage fails to abide by the standards set out in these rules and regulations and an accident causing injury occurs as a result, they may be deemed negligent in their legal duty of care. In such cases, this leaves the injured party open to making a garage accident claim for compensation.
For more information on how to make a motor vehicle repair accident claim, please continue reading.
Suffering a back injury can be debilitating, and depending on the nature of the injury and its severity, recovery can be a long process with full recovery not always possible. The HSE revealed in 2020-21 the second most common site affected by work-related musculoskeletal problems was the back.
Examples of injuries to the back include:
- Strains and sprains
- Disk damage
- Muscle damage
- Spinal injuries
Having a back injury at work may result in having to take time off work, not being able to carry out everyday tasks, not being able to partake in hobbies or leisure activities, and experiencing a lot of pain. Those with a severe back injury may also need help with personal care and around the home.
Although with rest and possibly treatment, some injuries to the back may eventually heal over time, sometimes the sufferer may be left with on-going pain and a level of disability, or unable to physically cope with some of the daily activities they were used to doing prior to suffering a back injury.
If you injured your back, you may be able to make a motor vehicle repair accident claim if you can prove it was someone else’s fault.
A crush injury is when a part of the body is subjected to a high level of pressure or degree of force which is typically the result of being squashed between two heavy objects, or from being squeezed by moving parts in machinery/equipment. Crush injuries can be severe, and this includes sustaining damage to the spine, head or limbs.
When a body part is crushed, toxins can build up in the muscles underneath the crush site, and if the weight is removed after fifteen minutes but before medical professionals have attended, there is a danger of these toxins causing kidney failure and even death. If it has been less than fifteen minutes. however, the weight should be removed as soon as possible whilst waiting for emergency medical care.
How can accidents be avoided in a garage?
Crush injuries are a potential hazard for mechanics working in a garage due to the need to lift and manoeuvre heavy vehicles and/or vehicle parts. Work equipment accidents may occur if the equipment for lifting has not been regularly maintained and is therefore faulty, or if staff are not sufficiently trained in using the equipment, resulting in crush injuries.
If you have sustained a crush injury due to a garage accident caused by someone else’s negligence, you may be eligible to make a motor vehicle repair accident claim. Please don’t hesitate to contact Accident Claims UK for further help and advice on making a No Win No Fee garage accident claim for compensation today.
The RIDDOR reported that over the three years between 2009 – 2012, 21% of non-fatal injuries involved slip, trip and fall accidents and were the second most common types of accidents for vehicle repair garage employees, the statistics can be found on the HSE site..
This type of accident may result in a variety of injuries with varying degrees of severity. Injuries may range from minor such as bruising, cuts and grazes, to more severe injuries like breaks, fractures or spinal damage which take a long time to heal, and depending on the injury, may result in on-going pain, and health complications. Time off from work may also be necessary.
Slip, trip and fall accidents in a vehicle repair garage are not just limited to the garage employees, however, any visitor to the garage premises could also be at risk if care is not taken to attend and remove any potential hazards.
As part of their duty of care, the garage owner/occupier must have in place relevant health and safety policies and procedures to ensure any slip, trip and fall hazards are removed to prevent an accident of this nature from occurring. If they breach their duty of care and someone is injured, regardless of whether it was an employee or a garage visitor, a compensation claim could be made if liability is proven and it is within the personal injury claim time limit known more formally as the ‘limitation period’.
How long would I have to claim?
The limitation period for a personal injury claim is usually three years from the date the accident occurred or the date when the claimant was diagnosed with an illness or injury relating to the garage injury they sustained. There may be exceptions to the limitation period under certain circumstances so you may wish to call Accident Claims UK even if you think the three-year time limit has elapsed. Our advisers are available 24 hours a day to answer any queries you may have relating to making a motor vehicle repair accident claim.
Motor mechanics may use a variety of different hand-held power tools such as grinders, wrenches and sanders for example. A lot of the tools used work by utilising the vibration they cause, but this vibration then transmits up into the hands and arms of the operator. Continuous use or improper use of these types of tools can result in neurological, musculoskeletal and vascular problems which could cause permanent damage.
Repetitive strain injury (RSI) is also a potential problem when working in a garage. RSI occurs when someone performs the same type of action
s repeatedly or has to hold the same position over a long period. Pain from RSI is usually felt in the tendons, muscles and nerves. It is mostly found in the upper body, particularly in the elbows and forearms, hands and wrists, and neck and shoulders. Pain from an RSI often starts as being quite mild but if left over time without any intervention to prevent it worsening, it can become more constant and severe often resulting in swelling around the affected area as well, and pain that could last several months. The symptoms of an RSI could include:
- Numbness or tingling
- Pain, tenderness and aching
There is lots of useful information on RSI here.
If you have sustained a repetitive strain injury, or hand-arm vibration injury whilst working in a garage, you may be able to make a motor vehicle repair accident claim.
There are numerous harmful toxins in vehicle exhaust fumes that could cause a variety of different medical conditions. In a garage, the air could quickly become polluted to dangerous levels if the garage is not equipped with suitable ventilation.
Minor eye and skin irritation may be caused by minimal exposure to these toxins, but increased or prolonged exposure can result in damage to the lungs and respiratory tract which could cause ongoing health problems and even be a major contributing factor to the development of lung disease or cancer. The garage owner or employer, as part of their duty of care, must ensure that the exposure to toxic fumes is kept to an absolute minimum as best as they can, this may include:
- Having provisions in place to make sure that there is adequate ventilation in the garage
- By providing personal protective equipment such as overalls to protect the skin, industry-standard breathing masks and protective goggles
If you have become ill and believe your illness was caused by your employer’s negligence, you may be eligible to make a motor vehicle repair accident claim. With some illnesses, however, they may not be apparent straight away and may take years to develop, such as lung disease, but as long as you start your claim within the personal injury claim time limit which could start from the day of your initial diagnosis, you may still be able to make a garage accident claim. If you are unsure whether you are eligible to claim, call Accident Claims UK and we will be happy to advise you.
There are some things an employer or owner of a vehicle repair garage should have considered and put in place in an attempt to reduce the risk of any accidents or illnesses from occurring in the garage, these include:
- Appoint a competent health and safety person
- Have a health and safety policy in place relevant to all areas within the garage which covers the different types of tasks undertaken
- Have a first aid kit available, and a trained first aider available at all times
- They must have on show a British Health and Safety regulations poster so that all staff can read it, or provide every member of staff with the relevant leaflet. You can find more information about this in this HSE guide
- Carry out risk assessments where appropriate so that tasks can be completed safely
- Make sure all workers are informed of health and safety within the garage
- All employers must hold employers’ liability insurance by law
- The Health and Safety At Work etc. Act 1974 must be adhered to
- Ensure all workers are trained in health and safety policies and procedures
- The garage should have the correct amenities for their workers available such as toilets, washbasins and any other facilities needed
- By law, certain employers must have an accident report book and specific accidents must be reported to RIDDOR
Further information regarding health and safety requirements and expectations in the motor industry can be found on the HSE Resources Page..
If you had an accident in a garage due to a lack of health and safety policies and requirements being in place, regardless of whether you are an employee or visitor to the garage, you may be entitled to make a motor vehicle repair accident claim on the grounds of negligence.
There are around 200,000 people employed in the motor vehicle repair industry, and most of these people work for small and medium-sized companies.
According to the latest figures reported under RIDDOR, in 2019/20, there were a total of 847 non-fatal injuries to motor vehicle repair employees. Of this figure, 595 people were absent from work for longer than 7 days due to the severity of the injuries suffered.
Tragically, 2 motor vehicle repair workers lost their lives in 2019/20, which illustrates the dangers that such workplace environments have.
If you’ve been harmed at work and want free legal advice on making a garage accident claim, get in touch with our team today.
Due to the number of different factors surrounding each motor vehicle repair accident claim, the amount of compensation that could be received may vary from case to case. For this reason, we cannot give you an exact idea of how much you may be awarded should your claim be successful. However, in the table below we have listed some of the recommended award amounts as decided by the latest Judicial College Guidelines so that you can see the amount you could be awarded depending on the circumstances of your unique case if you were to win your case.
|Type of Injury||Compensation Award Amount||Comments|
|Minor Brain or Head Injury||£2,070 - £11,980||Head injury with small possibility of slight brain damage if any at all. Amount will depend on severity, symptoms and recovery time and prognosis.|
|Less Severed Brain Damage (d) - Moderate Brain Damage (i)||£14,380 - £205,580||Some brain damage, amount will depend on severity, lower amount for those who eventually can return to work and usual daily life but with some permanent effects such as poor concentration and memory. The higher end for those significantly brain-damaged, unlikely to return to work or undertake usual activities, some personality change, risk of epilepsy, damage to sight and other senses.|
|Very Severe Brain Damage||£240,590 to £344,640||Permanent disability and need of care, the higher amounts for those left in a vegetative state.|
|Minor (i) - Moderate Back Injury (i)||£7,410 - £36,390||Ranging from slight disk, soft tissue or muscular damage with full recovery, to more serious injuries such as fractures, permanent disk damage, possibly requiring surgery or spinal fusion.|
|Moderate (i) - Severe Back Injury (i)||£36,390 - £151,070||Top end of the bracket for damage to spinal cord and nerves, possible paralysis.|
|Minor (f) - Severe Wrist (a) Injuries||£3,310 - £56,180||Ranging from minor sprains and strains with full recovery, to severe injuries rendering one or both wrists useless.|
|Moderate (h) - Severe Hand Injuries||£5,260 - £189,110||Ranging from crush, penetrative or laceration injuries, to injuries where one or both hands are either effectively or totally lost.|
|Mental Anguish||£4,380||Fear of impending death.|
|Minor neck injury||Up to £2,300||Full recovery made within 3 months.|
If you would like to discuss your case in more detail, please contact us at Accident Claims UK where you could have a consultation with one of our expert personal injury lawyers.
When making a motor vehicle repair accident claim, several components could make up the final compensation award amount. These may include:
General Damages – these may be awarded for the physical and/or psychological aspects of the claim. The amount may depend on the type and severity of the injury, length of the recovery period and type of treatment required, whether or not any there will be lasting health effects and the effect it has had on general lifestyle and well-being.
Special Damages – these may be awarded to compensate financial costs of the claim which may include:
- Medical Expenses – any costs incurred due to your injury could be included in your compensation such as prescription costs, treatment costs or counselling costs for example
- Travel Expenses – any costs relating to travel including vehicle adaptions directly as a result of your injury may be included
- Care Claim – if you have required extra help for personal care or around the home, these costs may be included
- Loss of Income – any loss of wages or future loss of wages caused by your injury could be included
- Recovery of out-of-pocket expenses – if you had to pay for repairs as a result of damage to your car or if the repairs you paid for turned out to be poorly executed, you could recover the cost of repairs
To learn what else you can factor into a garage accident claim, please get in touch with our team today.
If you have been injured due to the fault of someone else, providing it can be proven that a third party was responsible for your injury, you could be able to make a motor vehicle repair accident claim.
All garages must have health and safety policies and procedures in place following the HSE guidance covering motor vehicle repair and associated industries.
Regardless of whether you are an employee in a garage or a visitor to the garage such as a customer or delivery person for example, if you were injured through negligence, you could make claim compensation for damages. Any claim made, in most circumstances, must be started within the personal injury claims time limit which is usually three years from the date of the accident but can vary in some cases.
To learn more about your eligibility to make a motor vehicle repair accident claim, get in touch today for free legal advice.
Accident Claims UK offers a No Win No Fee service, otherwise known as a Conditional Fee Agreement. No Win No Fee terms makes hiring an expert personal injury solicitor financially more viable because there are no upfront payments required. The solicitor’s fees are only payable if they successfully win your case and secure a compensation amount, this is then paid as a percentage of the overall awarded amount.
If they are not successful, however, they would not charge you for their time. A solicitor who is paid hourly, however, may expect payment regardless of the outcome, potentially costing a claimant hundreds or thousands of pounds.
Accident Claims UK works with highly experienced personal injury solicitors who are committed to securing the maximum compensation amount for any clients making motor vehicle repair accident claims. We have a track record of successful claims and pride ourselves on our exceptional customer care.
We aim to work quickly and efficiently when handling each case, and we aim to cover every aspect of the claim, which has a bearing on the final settlement amount. We keep our clients informed so they are aware of how things are progressing, allowing them the time to concentrate on their recovery from injury or illness.
As soon as you have instructed us to go ahead with your claim, we could set to work immediately to build a strong case on your behalf.
You’ve nearly finished our guide to making a motor vehicle repair accident claim.Starting your claim couldn’t be simpler, just contact us at Accident Claims UK on 0800 073 8801 and we could get going on doing everything we can to get you the compensation you deserve.
In this last section of our guide to making a garage accident claim, we’ve included some links you may find useful.
If you have been injured whilst at work, the information in this link may be useful to you.
If you have sustained a back injury whilst at a vehicle repair garage, the information in this guide could prove very useful.
This guide contains lots of information regarding repetitive strain injuries.
Here you will find information on employers’ responsibilities.
Here you will find lots of information regarding health and safety in the different areas of the motor industry, as well as what to do if you’ve had a motor vehicle repair accident.
Other Useful Compensation Guides
- Are You Eligible To Claim Compensation After A Emergency Services Vehicle Accident?
- Aviva Premier Bike Insurance Claims Guide
- Direct Line Car Insurance Claims Guide
- What Is The Time Limit For A Car Accident Claim?
- Are You Eligible To Make A Car Accident on A Bend in the Road Compensation Claim?
- Car Accident Claims
- Road Traffic Accident Compensation Claims
Motor Vehicle Repair Accident Claim FAQs
How long after a car accident can you claim for damage?
The typical time limit for personal injury claims to be made within is 3 years. This is effective from the date of the accident or date of knowledge, in which case the time limit would begin once you realised you suffered as a result of the accident.
Can I claim on behalf of someone else?
By acting as a litigation friend, it’s possible to claim on behalf of another. For example, if your child was injured in an accident that wasn’t their fault but they’re yet to reach their 18th birthday, you could be able to make legal proceedings on their behalf. Alternatively, they can wait until they reach the legal age and do so themselves, at which point they would have until their 21st birthday to claim.
What damages could I be compensated for?
By claiming general damages, you could claim compensation for physical and psychological injuries. In addition, you could claim compensation for special damages, which covers financial losses including loss of earnings or amenities.
Can I claim for anxiety after car accident?
Yes, as anxiety is a psychological disorder, it would fall under the category of general damages if triggered by the accident in question.
How much could I be entitled to?
Without assessing the details of your specific case, it’s impossible to gauge how much a claim for it could yield. Therefore, if you’re interested in getting a free estimate, please speak to one of our specialist advisors today.
How is compensation valued?
In simple terms, the more damage (or potential future damage) you suffered as a result of your accident, the more compensation you’ll be entitled to.
Do I need a lawyer?
By law, there is no requirement to have a lawyer in order for a claimant to make legal proceedings. However, having a lawyer handle your case could ease the claims process for you so you can focus on your recovery, as well as helping you reach the maximum compensation you deserve.
How can I get in touch with Accident Claims?
You can either call the number at the top of this page to speak with one of our specialist advisors or scroll up to our contact section for some alternative ways of reaching our team.
Could I make a motor vehicle repair accident claim for somebody that has died?
Unfortunately, some accidents at work can prove fatal. According to the HSE’s statistics for 2020- 2021, 142 people suffered fatal injuries in workplace accidents. You can see the cause of these below:
For those left behind, dealing with the wrongful death of a member of their family can be traumatic. They may not initially think about claiming compensation. However, whilst we understand that no amount of money could help to compensate for your loved one’s death, it could provide financial assistance to you at a time where finances may be stretched.
For example, compensation for fatal accidents could include help towards funeral costs. It could also compensate you for your bereavement, and in some cases, lack of financial support that your loved one provided to you. If you are a dependant of somebody who was killed at work in a workplace accident that wasn’t their fault, please contact our team. We would be happy to speak to you about your claim and give you the advice and guidance you need to decide what is best for you and your family.
Do I need to choose a lawyer that is based locally?
If you want to make a motor vehicle repair accident claim for yourself or on behalf of somebody else, you do not need to use a lawyer that is based in your local area. You could use any of the solicitors who are authorised and regulated by the Solicitors Regulation Authority and that are based in England or Wales. We could help you to find an appropriate lawyer for your case, no matter where in the UK you are based and what your claim entails.
What is mechanic negligence?
If a professional, such as a mechanic, repairs your vehicle improperly to the point where it could be unsafe to drive it, this could be considered mechanic negligence. If you could prove that the mechanic had negligently breached their duty of care to provide you with a road worthy vehicle, and this breach led to injury, it could lead to a claim.
If you believe you’ve been injured due to mechanic negligence, please call our team. We could assess whether you could have a valid claim.
How can accidents be avoided in a garage?
Accidents could be avoided in a garage in several ways. Regular risks assessments could highlight risks that need to be removed or reduced. Adequate training could help avoid accidents too. Regular maintenance and servicing of equipment and machinery could be another way to avoid accidents. An employer should take reasonable steps to ensure that no reasonably foreseeable risks could cause harm to workers, by way of their workplace or the tasks they complete.
If you believe your employer, a garage, has negligently breached its duty of care towards you as a worker, leading to injury, you could have a claim. Please call our team today for an assessment of your case.
Do garages have a duty of care?
Garages have a duty of care towards various people. As an employer a garage could have a duty of care to ensure that its workers are able to work safely. A garage could also have a duty of care towards its customers to ensure works completed on their vehicles are done professionally and safely. A breach of these duties that lead to people being injured could leave a garage liable for an injury claim against it.
Thank you for reading our guide on how to make a garage accident claim or motor vehicle repair accident claim.