Car parks are common places for car park accidents. Shopping centre car parks are particularly dangerous, especially around Christmas and other holidays. Typical accidents involve damage while reversing – into another car or a stationary object – and harm to pedestrians. Whether you’re a driver, passenger or pedestrian, or car park operator, you have a duty of care to protect others. But accidents happen and it’s often difficult to know who’s at fault. Claiming for injury in a car park accident can be complex depending on certain factors. At Main Lawyers, we can work through the circumstances with you and determine if you can make a claim for personal injury caused in a car park.
Typical car park accidents
- If two cars opposite each other reverse at the same time and collide, the fault might be shared, though usually, one car arrives first.
- If a driver pulls out of a parking space into a through lane and hits another car, they’re usually at fault for not giving way.
- If two vehicles pull into a parking space at the same time, the one who crosses the lane is usually at fault for not giving way to the other car.
- In rear-end accidents, the car behind is usually at fault for not leaving enough stopping distance.
However, motor vehicle accidents are not always this clear-cut. The car park operator might have confusing or no signage or inadequate space for cars to negotiate. Or a child might run out in front of you. There are many factors to consider in determining fault.
That’s why you should never assume you’re at fault and not make a claim. Even if you’re partially at fault, you might still be eligible for compensation for your injury.
Car accidents on private property
Driveway accidents on private property are also common and determining fault is complex.
- If you hit a parked car or person in your driveway and cause injury, you will usually be at fault (though not always).
- If you reverse out of your driveway and hit another car, you’re usually at fault. But if the car is illegally parked, the fault might be shared.
- Similarly if the accident occurs due to darkness/bad lighting, the fault depends on the situation – but often you will share the fault.
How to claim for car park injury
To increase the chance of a successful personal injury claim after a car park accident, you must provide as much evidence as possible, including:
- witness and driver statements
- policy reports
- photos of damage and the accident
- security and dashcam footage
- medical reports.
Whether you’re the driver, passenger or pedestrian, you will seek compensation through the at-fault driver’s CTP insurance.
The amount you can receive depends on factors like shared fault, the extent of your injury, your lost income (past and future), expenses and lost enjoyment of life.
If your injury is more serious, you might be eligible for a total and permanent disability claim through your superannuation.
If the at-fault driver didn’t provide details or was uninsured, you may be able to:
- claim compensation through the Nominal Defendant
- access treatment, care, and support through the National Injury Insurance Scheme Queensland.
Get legal advice for car park accidents
With so many factors involved, it’s best to engage an experienced lawyer who understands claiming for injury in a car park accident
and personal injury law.
At Main Lawyers, we offer a No-win No-fee service where we can learn what’s happened to you and give you all your options. Contact us today to find out more!
