car park accident claim

Car Park Accident: How To Claim Compensation For Injury Whilst Using A Car Park

In this article we look at accidents in car parks that lead to injury.

Find out how your solicitor proves fault and calculates how much compensation your personal injury claim is worth.

We commence by answering an online question relating to injury in a trip and fall accident due to a defective walkway in a supermarket customer car park.

Thereafter, we consider other typical car park accidents for which you may be entitled to claim compensation.

Table of Contents

Question – Trip And Fall Accident In A Supermarket Customer Car Park

I was leaving a large supermarket in London carrying my shopping in some bags. The car park area has several pedestrian walkways. The shopping bags were slightly obscuring my view.

As I was walking – I suddenly felt my right ankle twist violently with the force of my full weight. I immediately fell to the right side. on coming to my senses – I noticed a pavement slab missing in the walkway leaving a hole several inches deep. The vertical drop had caused my foot to twist.

My ankle was in severe pain. Other customers came to my assistance and notified the supermarket staff.
The Customer Service Manager came out with some other staff. He made an accident report and apologised – explaining that works were being carried out in the car park due to problems with the pavements.

There were however no warnings of the danger, no barriers or signs warning of danger to pedestrians.

An ambulance was called and I was taken to hospital. where X-rays were taken. I was diagnosed with a sprained ankle and a fractured 5th metatarsal tuberosity avulsion fracture leading to my little toe.

The fracture was caused by the force of the tendon when my ankle twisted ripping a piece of bone off.

I am currently unable to walk properly or go to work.

I would like to know if it is possible to make a claim and how any compensation I might be entitled to would be calculated?

Answer – Claim For Customer Injury In A Car Park Accident

Whilst you are on the premises of the supermarket – including the car park, the supermarket owes you a duty of care to keep you safe.

Supermarket works in car park

Although it is understood that a supermarket might need to do works in the customer car park.

Defects and tripping hazards should be made safe

However, for the supermarket to keep you safe appropriate barriers should have been erected not only around the missing paving stone, but also in other areas where there might be a defect or tripping hazard.

supermarket car park trip accident
Supermarket Car Park Trip Accident

Customers distracted as carrying shopping

It is to be expected that you would be distracted and have your vision obscured when carrying shopping leaving the supermarket, thus a barrier would have been necessary to prevent you from entering the dangerous areas where tripping hazards and missing paving stones exist.

Strength of your car park injury claim

Therefore, on the issue of liability (legal fault) – you would likely have a strong supermarket car park accident claim for compensation.

Your solicitor would give the supermarket and their insurers the opportunity to accept liability.

If liability is not accepted your solicitor issues at court

If liability is not accepted – your solicitor would gather further evidence and take the matter to court by issuing proceedings.

Calculating your claim payout for a supermarket car park accident

Liability is only one aspect of your car park accident claim. The other part relates to proving the level of quantum. In other words – how much your claim is worth.

This process is often as involved as proving liability.

Medical expert chosen depending on the nature of your injuries

Your solicitor will obtain an independent medico-legal report. The medical expert is chosen depending on the nature of your injuries.

For example – you have described a sprained ankle and a fractured 5th metatarsal tuberosity avulsion fracture. Therefore, in this instance – it is likely an orthopaedic surgeon would be instructed to compile the necessary medical report.

This report will set out all of your injuries. You described a sprained ankle, metatarsal avulsion fracture and any other symptoms that might have developed.

Time estimate for recovery / description of ongoing symptoms

Furthermore – the report will give a time estimate for your recovery or a description of any ongoing disability.

Reasonableness of absence from work due to customer car park injury

Typically – it will address whether any absence from work was reasonable given the nature of your injuries.

Objective medical opinion

The expert when compiling the report owes a duty to the court and comments on the balance of probability. Therefore – the medical expert may not seem to be on your side when examining you.

Do not worry!! The expert is just trying to be objective. However, you should go prepared to the appointment. Make sure you keep proper records of your injuries to ensure you accurately describe what you have experienced and are still experiencing.

Calculating your supermarket car park injury pain and suffering payout

Your solicitor will then use this medical report to determine how much your pain and suffering (general damages) is worth by comparing your injuries to judicial guidance and cases decided for similar injuries by the courts in the past.

Add financial loss and expense

In addition – you will be entitled to claim financial loss and expense (including lost income so long as considered reasonable), know as special damages.

Only You Can Keep A Record Of Your Losses
Your solicitor will rely on you to keep a record of your losses and provide supporting receipts.

Types of car park accident claim

There are many types of car park accident claim for which you may be able to claim compensation. Some examples include:

Customer car park defects causing tripping hazard

A customer car park will often have a pavement / walkway and road element. Either may have a defect, such as a pothole or defective paving.

Should you trip and fall and injure yourself – you may be entitled to claim against the business responsible for the car park.

Pedestrian injury when hit by a vehicle in a car park

Accidents involving pedestrians being hit by vehicles is regretfully quite a common type of car park accident.

Both pedestrians and drivers can be distracted and relax on private land – ignoring dangers.

Should you be hit by a car or other vehicle – your claim would typically lie against the car driver.

However – you may be hit by a delivery vehicle or other works vehicles. The vehicle may even be part of the business that owns or operates the car park,

For example – supermarket delivery drivers using the car park.

Here your claim would likely be against the business who the driver is employed by. It depends a little on the circumstances.

Vehicle collisions in car parks

Often cars collide in car parks as they do elsewhere. In this instance – your claim would be assessed in a similar way to a road accident claim.

Your car park injury claim would be against the driver-at-fault and that vehicle driver’s insurer.

Car park slip accidents

Car park slip accidents can take many different forms.

For example – there may exist an oil spillage or other dangerous slippery surface. It is possible that the business responsible for the car park could be held liable should you slip and injure yourself.

Snow And Ice Slips
Snow and ice slipping accidents in car parks can be more difficult types of claim to prove. A lot will depend on the type of car park and expectations of those using it.
For example – it may be more reasonable to expect an indoor NCP car park to keep the ramps clear from ice than it my be for an outdoor gravelled car park.
However – work’s car parks may have a higher expectation to be gritted and kept clear from ice and snow for employee use.

Works in a car park not made safe

On occasion a car park business may be having some works done, such as relaying the car park surface or putting in new paving. These works can present a danger to car park users if not barriered off and appropriate warning signs used.

Dangers may include:

  1. Deep holes.
  2. Sharp protruding objects.
  3. Exposed dangerous equipment.

Defective signage and car park equipment

On occasion a car park can have dangerous signs and other equipment, such as barriers, car charging facilities and ticket equipment. For example = sharp edges presented by barriers that have been previously hit by cars can present a cutting hazard and should be repaired.

Customer car parks / retail car parks / shopping centres / works car parks

Whatever the type of car park will depend on the duty that is owed. Employees tend to be owed an additional duty than other car park users.

However, claims for injury in customer car parks, such as supermarkets and retail parks, will often have a good chance of success.

In this article you have discovered all the typical types of accident you can have in a car park and how to succeed with a claim. Plus we look in detail at real life supermarket car park accident.

We recommend you see our free legal help options – telephone / online. Have your own claim assessed and ask us a legal question.

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