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Car parks bring vehicles and pedestrians together in a confined space. Parked cars can restrict visibility, drivers may be reversing and people often have to walk across vehicle routes to reach the surrounding premises.

Although vehicles are usually travelling slowly, an accident in a car park can still cause painful or serious injuries. If you were injured because a driver, car park operator or another party failed to take reasonable care, you may be able to make a personal injury claim.

Claims may be brought by pedestrians struck by a vehicle, drivers or passengers injured in a collision and visitors hurt by an unsafe surface or another hazard. The fact that an accident happened on private property does not prevent a claim. What matters is who was responsible and whether their actions caused your injuries.

Car park accident claims involving pedestrians

Pedestrians are particularly vulnerable because they have little protection if struck by a vehicle. Even a low-speed impact can knock someone to the ground and cause fractures, head injuries or soft tissue damage.

Common causes of pedestrian accidents in car parks include:

• A driver reversing without checking properly
• A vehicle pulling out of a parking space into a pedestrian’s path
• Driving too quickly for the conditions
• Failing to keep a proper lookout for people walking between parked vehicles
• Failing to give way at a marked pedestrian crossing
• Tripping on damaged or uneven pavement

The Highway Code states that drivers should check carefully for pedestrians, particularly children, before and while reversing. However, a driver is not automatically liable whenever a pedestrian is injured. Each claim must be assessed using the available evidence.

You can learn more about your rights by visiting Pedestrian Accident Claims.

Can a motorist claim after a car park collision?

Drivers and passengers may also claim if they are injured in a car park collision caused by another motorist. Accidents can happen when a driver reverses into another vehicle, ignores directional markings, cuts across parking spaces or enters a traffic lane without checking that it is clear.

Low speed does not necessarily mean that nobody has been injured. A collision may cause neck, back or shoulder injuries, while a more forceful impact can result in fractures or head injuries.

For a personal injury claim, it is necessary to establish that the accident caused an injury. If nobody was injured and the claim concerns vehicle damage alone, it will usually be dealt with through the relevant motor insurers.

Could the car park operator be responsible?

Not every car park accident is caused by a driver. The owner, occupier or operator of the premises may be responsible where an injury was caused by a danger which was not managed reasonably.

Depending on the circumstances, this might include:

• Potholes or badly broken surfaces
• Poor lighting which makes hazards difficult to see
• Defective barriers or gates
• Oil, ice or another slippery substance

The operator is not automatically liable simply because an accident happened on its premises. The question will be whether reasonable care was taken to keep lawful visitors reasonably safe. Maintenance records, earlier complaints and CCTV may be relevant.

In some cases, more than one party may share responsibility. For example, a driver’s lack of care and an unsafe car park layout could both have contributed to an accident.

How is responsibility for a car park accident decided?

Car park collisions can be difficult to reconstruct. Drivers may disagree about who was moving and pedestrians can be obscured by parked cars.

Evidence which may help establish what happened includes:

• CCTV or dashcam footage
• Photographs of the scene, vehicle positions and any relevant signs or markings
• Damage to the vehicles involved
• Accounts from witnesses

CCTV is particularly important but may only be retained for a short period. It is therefore sensible to report the accident and seek legal advice promptly.

Can I claim if I was partly at fault?

Possibly. Responsibility is not always all or nothing.

A pedestrian may have stepped from between parked cars, while the driver may also have been travelling too quickly or failed to keep a proper lookout. Two motorists may both have been reversing when their vehicles collided.

Where responsibility is shared, a claim may still succeed but the compensation can be reduced to reflect the injured person’s share of the blame. This is known as contributory negligence.

Visit Contributory Negligence: Can I still claim if an accident was my fault? to learn more.

What should I do after an accident in a car park?

Your immediate priority should be safety and medical attention.

Where possible, you should also:

• Exchange names, addresses, registration numbers and insurance details
• Report the accident to the car park operator and ask for it to be recorded
• Take photographs or video before vehicles are moved, if it is safe to do so
• Obtain the contact details of witnesses
• Ask the operator to preserve any relevant CCTV footage
• Tell your motor insurer if you were driving, even if you do not intend to make a claim
• Keep records of lost earnings, treatment costs, and other losses

You should report the matter to the police where required, including where a driver leaves without providing details. Do not place yourself at risk to gather evidence.

What if the driver was uninsured or left the car park?

You may still have a route to compensation if the responsible driver was uninsured or left without being identified. Depending on the circumstances, a claim may be made through the Motor Insurers’ Bureau.

Claims involving untraced drivers have specific rules, so early advice can be important. You can learn more by visiting Uninsured or Untraced Driver Claims.

What can compensation cover?

Compensation is assessed according to the effect of the accident on the individual.

A claim may include compensation for:

• Pain, suffering and loss of amenity
• Loss of earnings
• Medical treatment and rehabilitation

The amount will depend on the injuries, recovery time, financial losses and any continuing care or treatment needs.

How long do I have to make a car park accident claim?

In most personal injury claims in England and Wales, court proceedings must be started within three years of the accident.

Different rules can apply to children and people who lack the mental capacity to manage legal proceedings. It is safer to seek advice well before the apparent deadline because delay can make CCTV, witness evidence and maintenance records harder to obtain.

No Win No Fee car park accident claims

At Askews Solicitors, we can usually act in personal injury claims on a No Win No Fee basis. We can explain how this arrangement works and advise whether any other funding options may be available.

Speak with a car park accident claims solicitor in Middlesbrough or Redcar

Askews Solicitors assists injured pedestrians, motorists and passengers across Teesside, North Yorkshire and the rest of England and Wales.

If you have been injured in a supermarket, retail park, workplace, hospital or another car park, our personal injury team can assess what happened and explain your options.

Contact Us to make a free initial enquiry or visit Road Traffic Accident Claims to learn more about our services.

This content is for informational purposes and is not intended as advice of any kind.