By Jo Anderson. Updated 6th November 2023. This guide relates to car park accident law. If your car is damaged in the work car park or you suffer injuries in a car park bump, it explains whether you could make a claim and how to go about doing so. We also offer guidance on what to do when someone hits your parked car in the UK. Plus, we show how accident claims lawyers can help with No Win No Fee accident claims.
On this web page, you will read a guide to making a compensation claim for an accident in a multi-storey car park. This car park accident claims guide will act as something of a primer, that will introduce our No Win No Fee claims service, and explain why this is a good option, for having your claim processed. You will learn about why you may be eligible to make such accident claims, and why a third party could be liable for damages.
If you have any specific questions related to your own situation, that are not answered in the contents of this guide, one of our claims team can answer them for you. Give them a call on 0800 073 8801, and they will give you any help and advice you may need.
Select A Section:
- Who May Be Liable Or At Fault For A Car Park Accident
- How Long Do I Have To Claim For A Car Park Accident?
- What Evidence Can Support Multi Storey Car Park Accident Claims?
- Compensation Payouts For A Multi-Story Car Park Accident
- No Win No Fee Multi Storey Car Park Accident Claims
- Resources And Additional Articles Relating To Car Park Accident Law
Establishing fault is a pivotal point in making a claim. All operators of private car parks must comply with private car park regulations. Public car parks managed by the local authority also have to meet legal obligations with regard to safety. There are general regulations in place, such as the Occupiers’ Liability Act 1957, as well as all rules laid out by the Health & Safety Executive that must be complied with. There are four types of car parks, and these are:
- Public car parks operated by the local council.
- Privately operated pay-and-stay car parks.
- Car parks that are offered to patrons of a facility such as a hospital.
- Car parks that are offered for use to the public by a commercial business.
Whenever an accident occurs in one of these kinds of car parks, if it could be proven that the car park owner was the direct or indirect cause of the incident, it could be possible that they are liable for damages.
If you are eligible to claim for an accident in a car park, it is important to be aware of how long you would have to file your claim.
Typically, under the Limitation Act 1980, you would have 3 years from the date of the car park accident to claim. However, there may be some exceptions to this rule.
For example, if a child is injured in an accident, they would not be able to claim until they turn 18. The limitation period would effectively pause until this date. However, during the pause, an appropriate adult could bring a claim for the child as a litigation friend. If no claim is made, and the child reaches adulthood, they could file their own claim once they turn 18, but they must do so before they turn 21.
Additionally, if someone who lacks the mental capacity to claim is injured in an accident in a multi-storey car park, the limitation period would freeze indefinitely. Again, a litigation friend could act on their behalf during the time it is frozen. If no claim was filed, and the person regained capacity, they would have 3 years from their recovery date to claim.
If you are eligible to claim for an accident in a multi-storey car park, you will need to provide evidence that supports your claim. Useful evidence could include:
- Your medical records – If you have sought medical advice and/or treatment for your injuries, there will be a record in your medical notes. This could help to support your claim.
- Evidence of the car park accident – Police reports, CCTV footage and photographs of the scene of the accident could be vital in helping you prove your claim.
- Details of witnesses – If anyone witnessed the accident, it could be wise to take their contact details. That way, your solicitor could contact them for a statement which could support your version of events.
- Evidence of financial expenses caused by your injuries – Payslips showing loss of income, bank statements, bills and receipts could be helpful in securing compensation for any financial losses you have incurred as a result of the injury.
To learn what other evidence could be useful in proving an accident in a car park claim, please contact an advisor.
If your multi-storey car park accident claim is successful, your payout could include general damages and special damages.
General damages is the head of claim that compensates you for the pain and suffering your injuries have caused you. When valuing your injury, legal professionals could refer to the Judicial College Guidelines (JCG) for guidance. This is a publication that provides guideline payout amounts for different injuries at various severities. We have used some figures from the 16th edition of the JCG for the table below. However, these figures are only meant to act as a guide. Your car park accident claim payout would depend on the unique facts and circumstances of your case.
|Severe (a) (iii)
|£38,780 to £69,730
|Fractures of discs or disc lesions leading to severe problems long-term. May result in severe pain and discomfort on a permanent basis.
|Severe (a) (ii)
|£65,740 to £130,930
|Serious fractures, for example to the cervical spine. Or, permanent brachial plexus damage causing function loss in one or more limbs as well as loss of neck movement.
|Severe (b) (i)
|£96,250 to £135,920
|The most serious injuries short of amputation.
|Less severe (c)
|£19,200 to £39,170
|Significant disability, but where there is a substantial level of recovery.
|£13,740 to £24,990
|Displaced fractures to the metatarsals causing permanent deformity. Future surgery may be needed.
|£24,500 to £39,170
|Injuries causing significant disability which is permanent but where there is some useful movement.
|£12,590 to £16,760
|Could include injuries that require a wire, or where the tip is amputated, for examples.
|Plus minor psychological injuries
|This tariff is for claimants suffering both whiplash and a minor psychological injury with symptoms lasting between 18-24 months.
|Whiplash without a related psychological injury
|This tariff is for claimants that are suffering from whiplash with symptoms lasting between 18-24 months.
You could also receive special damages as part of your settlement. This head of claim compensates you for the out-of-pocket expenses caused by your injuries, such as:
- Loss of earnings.
- Medical expenses.
- The cost of home adaptations.
- Care costs.
- Travel expenses.
You will, however, need to provide evidence to support your claim for special damages. Documents such as payslips, bank statements and receipts could be helpful.
To learn more about payouts for road traffic accident claims, you can contact an advisor.
Important Information About The Whiplash Reforms
Certain road traffic accident claims may be impacted by the Whiplash Reform Programme. This changed how some claims are made in England and Wales. The reforms apply to those aged 18 and older, who suffered injuries valued at £5,000 or less as a driver or passenger in a vehicle.
Whiplash injuries will be valued in accordance with the tariff set out in the Whiplash Injury Regulations 2021. A few examples of these fixed amounts are provided in our table above. Injuries that are not covered by this tariff will be valued in the traditional manner.
If you would like a free valuation of your personal injury claim, get in touch with an advisor from our team.
There are certain benefits attached to using a personal injury solicitor when making claims for car park accidents. For example, a solicitor would ensure that a strong case was put forward to the liable party for compensation. They would know what evidence you would need to submit with your claim to get the maximum compensation possible for your case. Solicitors could also negotiate with the liable party for the highest settlement possible for your claim. They could use all of their legal knowledge and expertise to support you throughout the court process if your case reached this stage.
The concern that some people have when it comes to utilising the services of a legal professional is how much it would cost them. Nobody wants to be left out of pocket, and therefore many people may be put off from making a claim due to the perceived high costs of legal support. With No Win No Fee claims, this would not be an issue. You would simply sign a Conditional Fee Agreement at the beginning of your claim, which would agree to pay success fees to your lawyer in the event of a successful outcome.
You would only pay these success fees, which are legally capped percentages of compensation payouts, if your claim was successful. If your claim failed for some reason, you would not have to pay your solicitor’s costs. Nor would you pay the success fee. We understand that you may have questions about making such claims, which we would be quite happy to talk to you about. Please give us a call today to discuss this.
There are lots of ways to reach us. You could:
- Call 0800 073 8801 and speak to a member of the team
- Email email@example.com for support
- Use our live chat feature for immediate assistance
However and whenever you get in touch, you’ll find us ready and able to help you with your claim.
These additional resources, found at the external links below, could be useful to you whether your car was damaged in a work car park or you were injured:
You may also find these other related guides to be of use:
Some injuries in car parks could be considered quite serious. However, due to the low speeds that people usually travel at when in a car park, most are low impact. This does not mean that they cannot cause injury, however. What it does mean is that many injuries in car parks could be considered minor injuries. Therefore, the Whiplash Claims Reform Programme could come into play.
We hope this car park accident law guide was useful. If your car is damaged in the work car park or you suffer injuries in a car park bump, we have now explained whether you could make a claim and how to go about doing so.