By Jo Anderson. Last Updated 20th February 2024. In this guide, we answer questions such as ‘if there’s an accident in a car park, who’s at fault in the UK?’, and, ‘how long do I have to claim if my car was damaged in a car park?’. We also provide general information on how to make a car park accident claim. Plus we provide details of what happens if there’s a hit and run on a parked car in the UK, and whether a failure to report an accident in a car park is punishable.
Car parks can be busy places, and car park accidents can often be due to irresponsible driving and parking. Accidents may also be caused by problems with the car park itself, and regular maintenance is needed to keep everything in a good useable condition.
Whether you are a pedestrian in the car park, a driver or have a car parked in the car park, if you have an accident that wasn’t your fault, then you may be entitled to make pedestrian accident claims or car park accident compensation claims.
Free legal advice about car park accident claims is available from our advisors 24/7. To get in touch:
Select a Section
- Car Hit In A Car Park – Compensation Calculator
- If I Was In A Car Park Accident, Can I Claim Compensation?
- How Long Do I Have To Claim If I Was Injured In A Car Park?
- Do I Need To Collect Any Evidence To Support My Claim?
- No Win No Fee Claims For An Accident In A Car Park
- Useful Links Relating To Accident In A Car Park Who’s At Fault In The UK
Naturally, people who want to make a compensation claim always ask us how much they’ll be awarded. Unfortunately, though, we can’t give an answer as every case is unique. However, we can show you the average payout amounts for different injuries as an estimated guide that you can look at to maybe get some idea of what your payout could be in the region of by using figures from the 16th edition of the Judicial College Guidelines (JCG), published in April 2022. Please note that the first entry is not taken from the JCG.
|Reason for Compensation
|Average Amount Awarded
|Multiple Severe Injuries
|Up to £1,000,000+
|Multiple severe injuries that cause pain and suffering plus financial loss, including home adjustments and lost earnings.
|Back Injuries – Severe (i)
|£91,090 to £160,980
|Cases of severe damage to the spinal cord and nerve roots.
|Neck Injuries – Severe (i)
|In the region of £148,330
|Cases of incomplete paraplegia, or where the injured person has no movement in the neck and severe headaches.
|Arm Injuries – Severe (a)
|£96,160 to £130,930
|Serious injuries falling just short of amputation.
|Knee Injury – Severe (i)
|£69,730 to £96,210
|Serious knee injury involving joint disruption, development of osteoarthritis and considerable pain.
|Serious Hand Injuries (e)
|£29,000 to £61,910
|Cases where hand capacity is reduced to about 50%.
|Wrist injuries – Severe (a)
|£47,620 to £59,860
|Complete loss of function in the wrist.
|Ankle Injuries – Severe (b)
|£31,310 to £50,060
|Injuries necessitating plaster, pins, or extensive treatment.
|Shoulder Injury – Severe (a)
|£19,200 to £48,030
|Often involving serious disability due to damage to the brachial plexus.
On May 31st 2021, the way some whiplash injury claims are made changed due to the introduction of the Whiplash Injury Regulations 2021. If you are a driver or passenger aged 18 or over, with injuries valued at £5,000 or less, your claim will be made through the new government portal.
Call our advisors if you want to discuss your car park injury compensation amounts.
Now that we’ve explored potential compensation for accidents in car parks, we’ll discuss when you could potentially make a claim.
All road users owe each other a duty of care, which means they have to navigate the roads in a way that prevents harm to themselves and others. To uphold this duty, they must comply with the Road Traffic Act 1988 and the Highway Code.
To be eligible to make a personal injury claim for a car park accident, you would have to prove that:
- You were owed a duty of care
- This duty of care was breached
- You suffered injuries as a result
For information about an accident in a car park, who’s at fault in the UK, call our advisors now for free advice.
Personal injury claims for car park accidents must be filed within the time limit. Generally, this is three years from the date of the car parking accident as set out in the Limitation Act 1980.
However, there are some exceptions to the time limits for starting personal injury claims. These include:
- Claims for those without the mental capacity to manage initiating proceedings themselves. These injured parties will have the time limit suspended for as long as they are without this capacity. At any point during this suspension, a court-appointed litigation friend can start the claims process on behalf of the injured party. However, if the protected party regains the mental capacity required to claim compensation themselves, then they will have three years from the date they recovered their capacity to start the process if it hasn’t already been started for them.
- Claims for those under the age of 18. Children below the age of 18 cannot manage their own compensation claim. A pause is applied to the limitation period in these cases. It lasts until the injured person’s 18th birthday, giving them three years from that date to initiate the claims process if it hasn’t been started on their behalf. However, a litigation friend could be appointed at any time during the pause to manage the claim on their behalf.
If you would like to discuss time limits for personal injury claims, or your accident in a car park, who’s at fault in the UK, get in touch with a member of our advisory team.
If you are eligible to make a personal injury claim for a car park accident, you will need evidence to support your case. All accidents in car parks are different, and the evidence you present will depend on the facts and circumstances of your case.
Generally, following an accident in a car park who’s at fault will be determined by the evidence presented: This could include:
- Witness details – If anyone saw the accident you were injured in, it could be useful to take their contact details. They could be approached for a statement at a later date.
- Photographs or footage of the scene – after an accident in a car park, liability could be determined by looking at evidence from the scene. Therefore, CCTV footage or photographs of the scene could be helpful.
- Medical evidence – If you have sought medical advice and/or treatment, there should be a record of this in your medical notes. This could be useful when presenting your claim.
- Evidence of costs and losses – If you have incurred extra expenses or financial losses due to your injuries, it would be wise to keep hold of any evidence of these to assist you in claiming a payout for special damages.
To find out if you could be eligible to make a personal injury claim following a vehicle accident in a car park call our advisors today for free advice.
If you hire a car park accident claim solicitor on this basis, you will generally not be charged an upfront solicitors fee. Successful car park accident claims will have a legally capped success fee taken from the award. If your car park accident claim fails, you will not be required to pay your solicitor.
For more information on questions such as, ‘if there’s an accident in a car park, who’s at fault in the UK?’, get in touch with our advisors. If they think your car park accident claim seems like it has a good chance of success, you could be passed on to our solicitors.
To get in contact:
- Reporting a car park accident to the police
- Find my nearest NHS minor injuries unit
- Whiplash compensation claims guide
- Broken leg compensation claims guide
- Claiming against the council for personal injury
- NHS whiplash information
- Claims Against Aviva Car Insurance
- Bus And Coach Accident Claims
- Pavement Trip Claims
We hope we have answered the questions surrounding an accident in a car park who’s at fault in the UK. Hopefully, now you know your rights, you can see if you could claim.