It is a common mistake for people to assume that car parks are private roads and are not subject to the same rules which regulate public roads.
The definition of a road in England and Wales is ‘any highway and any other road to which the public has access and includes bridges over which a road passes’ (RTA 1988 sect 192(1)). In Scotland, there is a similar definition which is extended to include any way over which the public have a right of passage (R(S)A 1984 sect 151(1)).
Car park accidents make up a significant percentage of the many motor insurance claims each year. Therefore, it is not surprising that we are asked; can I sue a car park? The answer is often yes but each case is different and I will be happy to discuss yours by way of a free consultation. Accidents normally happen as a result of drivers; not keeping a proper look out when reversing; travelling too fast; misjudging distances/gaps, driving against a one way system and to a lesser extent rushing to beat someone to a vacant bay!
>> Find Out More: Claiming Compensation For A Car Park Accident
Checklist for car park accidents
If you are injured in a car park:-
- Obtain the driver’s full name and address together with the make and model of their motor vehicle and registration number. If possible, also obtain the name and address of the driver’s insurance company together with the policy number.
- Check inside the store/premises to see whether there is any CCTV as a significant number of premises will be monitored. It is important that this is done at the earliest opportunity as the CCTV footage is only likely to be held for a short period by the premises.
- Take down the names and addresses of all witnesses. This should be done as a matter of course even if the other driver accepts liability as the responsible motorist may change their mind about admitting liability after they have had time to think about the accident further if they think they can avoid liability and save their No-Claims Bonus.
- As most mobile phones now have good quality cameras it is advisable to take photographs of the damage to any vehicles involved and more importantly the position of the motor vehicles before they are moved, were possible.
Following an accident which results in bodily injury or vehicle/property damage, you must stop and exchange details with any interested parties. If this is not possible at the time you are under a duty to report the accident to the police and it is an offence to fail to do so. This is provided for under the Road Traffic Act (1988) Section 170.
If recent research is anything to go by, in accidents limited to vehicle damage at least a fifth of people would just drive off – especially if they thought no-one noticed, Daily Mail, 22 September 2010.
A separate study by AA Insurance last year showed that 8 out of 10 drivers have returned to what they thought was their safely parked car, to find someone or something has bashed it. Chay Collins of the AA car insurance team says that car-park bashes are the most common single category of car insurance claims. “Amazingly 20 per cent of all claims – which if scaled up nationally would be the equivalent of over 6 million – are for damage caused in car parks”.
If you are unfortunate to receive injuries in a car park as a result of negligent driving call us today for further advice. We offer no win no fee solicitors suing for accidents in car parks.
>> Contact Lee And Ask Him Can I Claim Compensation From A Car Park?
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