Even at relatively low speeds, an accident while parking your car can cause a fair bit of damage and lead to injuries. If you believe that you have been injured in a car parking accident as a result of negligence by a third party then you may be considering lodging a car parking accident claim. As such, this article will look at the types of collisions that could lead to a claim and explain what any compensation award could cover.
To make it easier for you to understand your options, one of our specialist advisors will review your claim for free if you call our claims team. During the call, they’ll give you advice about your chances of being compensated and answer any queries you may have. If your claim is accepted by one of our personal injury lawyers, they’ll manage it on a No Win, No Fee basis. That means you’ll receive specialist representation without any upfront legal fees to pay.
To discuss a car parking accident claim today, please call us on 0800 652 1345. Otherwise, please continue reading to find out more about your options before contacting us.
Can I claim compensation for a car parking accident?
If you’re hoping to be compensation for personal injuries caused by a car parking accident, you must be able to prove that:
- The party you’re claiming against was negligent; and
- A car parking accident happened as a result of that negligence; and
- You were injured during the accident.
You might think that an accident while parking your car is just one of those things and it’d be difficult to prove who is at fault for the accident. One common excuse used after a car parking accident is, “Sorry, I didn’t see you”. This is not a valid defence as Part 159 of the Highway Code, states that
“Before moving off you should:
- Use all mirrors to check the road is clear.
- Look round to check the blind spots (the areas you are unable to see in the mirrors).
- Signal if necessary before moving out.
- Look round for a final check.
- Move off only when it is safe to do so.”
So, if you’ve been injured while parking your car because another driver failed to spot you, there’s a chance you could be entitled to compensation for any suffering caused.
Example causes of car parking accident claims
As set out in the previous section, a car parking accident claim must be based on accidents caused by somebody else’s negligence. Examples of what this means in reality include:
- Accidents caused by drivers pulling out of or into a car parking space without paying attention to their surroundings.
- If the other driver involved in the accident was under the influence of alcohol or drugs.
- Other drivers racing in front of you to grab the last car parking space and causing a collision.
- If another driver hits your vehicle while trying to squeeze past while you’re reversing out of a parking space.
These scenarios and others could all allow you to claim compensation for a car parking crash if you were injured as a result of the accident.
Injuries caused by car parking accidents
After any type of Road Traffic Accident (RTA), you could claim for any injuries caused by another driver’s negligence. Some of the most common injuries caused by car parking accidents include:
- Head injuries.
- Minor whiplash.
- Broken bones.
- Injuries to children.
- Soft tissue injuries (eg sprains and strains).
In early 2021, the laws relating to whiplash injury claims changed. Since then, low-value claims can be managed by the claimant directly through an online portal and these claims are not cost-effective for personal injury solicitors. However, it’s still worth contacting us before claiming as we’ll review your claim for free and let you know whether you should claim alone or with the help of one of our specialist solicitors.
Providing proof for a car parking accident claim
If you are unlucky enough to be involved in a car parking accident, there are several steps to take in the immediate aftermath of the collision that could also help prove fault in a compensation claim. They include:
- Turning off your engine and exiting your vehicle if it’s safe to do so.
- Taking photographs of the accident scene ideally before any vehicles are moved.
- Swapping details with the other driver involved in the claim. Specifically, you should request their contact details and details about their insurance policy.
- Write down details of the other vehicle involved including its make, model, colour and registration number.
- Request copies of any dashcam footage or CCTV footage that captured the car parking accident.
- Seek medical treatment for any injuries at a hospital or minor injuries unit.
- Write down the date, time and location of your accident.
- Collect contact details for any witnesses who saw the accident.
At all times, you should not say anything that the other driver may perceive to be an admission of guilt.
Hit and runs
If you are injured in a car parking accident by a driver who fails to stop, you might think you’d have to claim compensation for any damage or injuries from your own motor insurance policy. However, that could have an effect on the cost of renewing your policy or you may have to pay an excess before your claim is settled.
Thankfully, the insurance industry provides funds to the Motor Insurers Bureau (MIB) which can compensate victims of hit and run accidents. To support your claim, you’ll need to collect as much information about the other vehicle as possible. If you’d like us to help you make a hit and run parking claim, please speak to us today.
Split liability claims
In some cases, it’s possible for both vehicles involved in an accident to be partially to blame. For example, if you were reversing out of a car parking space at the same time as another vehicle and you stopped but they carried on and a collision occurred, it might be agreed that you were 25% to blame and the other driver was 75% responsible for the accident. On that basis, your claim could still continue but once the compensation level had been calculated, it would be reduced by 25%. It is a good idea to seek legal advice before agreeing to a liability level that is not fair.
How much compensation for a car parking accident can I claim?
If you make any type of car accident claim, you must be able to justify the amount of compensation you request rather than just requesting a lump sum. Claims should therefore be based on general damages (pain, suffering and loss of amenity) and special damages (financial losses and expenses). That means compensation for a car parking accident claim could cover:
- Any suffering caused by physical injuries.
- Psychiatric harm such as distress, anxiety or depression.
- Loss of earnings.
- Loss of enjoyment of hobbies and activities affected by your injuries.
- The cost of a carer.
- Any damage to your vehicle or personal belongings.
- Medical expenses including private physiotherapy costs.
- Travel costs.
- Future loss of earnings (if your ability to work is affected for the long term).
- Modifications to your home or vehicle to make living with a disability easier.
If you decide to work with one of our solicitors, they’ll want to find out exactly how you’ve suffered before filing your claim to try and ensure you receive the highest amount of compensation possible.
Medical assessments for car parking accident claims
As part of a car parking accident claim, your solicitor will need to obtain a medical assessment to help prove the extent of your injuries. For this reason, they’ll usually make a local appointment with an independent medical expert.
The process is quite straightforward and is nothing to worry about. The specialist will simply discuss how you’ve been affected by your injuries and then examine their current state. After they’ve finished, a report setting out your prognosis will be sent to all parties involved in your claim.
Car parking accident claim time limits
You’ll usually have 3 years to begin a car parking accident claim from the date of your accident. However, if your child was injured in a car seat during the accident, their time limit doesn’t start until their 18th birthday. As such, you could apply to become a litigation friend and claim on their behalf at any point before they become an adult.
Finding proof to support your claim is often much easier if you begin the process sooner rather than later in our experience. Also, starting early gives your solicitor plenty of time to arrange for medical reports.
If you’ve recovered fully and liability for the accident is accepted early on, you could receive a compensation payout within around 6 months or so. Where more proof is needed to prove the extent of your suffering, for example, the claims process could take more than a year. In these cases, the defendant may be asked to pay interim payments to help cover your loss of earnings or any ongoing medical or care costs.
No Win, No Fee claims
We believe it’s more likely that you’ll win a car parking accident claim if you have specialist representation. However, many people are put off from claiming because they’re worried about the cost of hiring a solicitor. For that reason, our solicitors don’t ask for any legal fees to be paid in advance and they’ll work on a No Win, No Fee basis for all accepted claims.
That means that they will:
- Get to know how you have suffered by discussing your claim with you.
- Gather proof to back up your allegations.
- Arrange for medical reports to be obtained.
- Let the defendant or their insurance provider know about the car parking accident claim.
- Communicate on your behalf to shield you from technical medical or legal questioning.
- Provide additional proof where possible to try and counter any objections raised by the defendant.
In all cases, your solicitor will not agree to a compensation settlement that is deemed to be too low. They will fight your corner to try and make sure that you receive the full amount of compensation to cover all of your suffering.
If the claim is won, a success fee of up to 25% will be deducted from your compensation award. If the claim fails, you won’t have to pay any legal fees at all.
Call today to see if you could be represented by one of our solicitors on a No Win, No Fee basis.
Start a car parking accident claim today
One quick call to our team of claims advisors could be all it takes to start a car parking accident claim today. If you call on 0800 652 1345, your claim will be reviewed by a specialist who’ll offer free legal advice and explain your chances of being compensated.
As mentioned previously, any claims accepted by our solicitors should be less stressful because you’ll know that you’re being represented on a No Win, No Fee basis.
To ask any further questions about a car parking accident claim, please feel free to call or connect with our online chat service.