If you were injured in a car park accident in the UK, you can claim compensation — but who you claim against depends on what happened. If another driver hit you (whether you were in a car or on foot), the claim is against that driver through their motor insurer. If you slipped, tripped or fell because of a defect in the car park itself — a pothole, ice, oil, poor lighting — the claim is against the car park operator under the Occupiers’ Liability Act 1957. You normally have three years to bring a claim.
Car park accidents are more common than most people realise. Low-speed collisions, pedestrians struck by reversing vehicles, trips on broken surfaces, and slips on ice or spillages all happen regularly. The legal position is more complex than a standard road accident because car parks are usually private land, which changes who is responsible and how the claim works. This guide explains the different scenarios, who is liable in each, and what you need to do. We are an independent information service, not a law firm.
Two types of car park accident
| Type of accident | Likely defendant | Legal basis |
|---|---|---|
| Collision with another vehicle (driver or passenger injury) | The other driver, via their motor insurer | Negligence; Road Traffic Act 1988 (compulsory insurance still applies on private land) |
| Pedestrian hit by a vehicle in the car park | The driver, via their motor insurer | Negligence; duty of care to pedestrians |
| Slip, trip or fall on the car park surface | The car park operator (the occupier) | Occupiers’ Liability Act 1957 |
| Injury from a structural defect (barrier, ramp, bollard, lift) | The car park operator | Occupiers’ Liability Act 1957; possibly product liability |
| Mixed: poor layout or visibility contributed to a collision | Potentially both the other driver and the operator | Negligence; contributory negligence between parties |
The car park operator as occupier
Under the Occupiers’ Liability Act 1957, whoever operates the car park owes a “common duty of care” to visitors. That means taking reasonable care to keep the premises safe. Practical duties include:
- Maintaining the surface — repairing potholes, cracks and uneven sections
- Gritting or salting in icy conditions
- Cleaning up spillages (oil, water, food)
- Adequate lighting, especially in multi-storey and underground car parks
- Clear signage, lane markings and pedestrian walkways
- Safe barriers, ramps, speed bumps and pedestrian crossings
Private land: does insurance still apply?
Yes. The Road Traffic Act 1988 requires drivers to have motor insurance, and this applies on private land to which the public has access — which includes supermarket, hospital, airport and pay-and-display car parks. If another driver hits your car or hits you as a pedestrian, their motor insurer should deal with the claim in the same way as a collision on a public road.
If the other driver was uninsured or drove off, you can claim through the Motor Insurers’ Bureau (MIB). See our guide on untraced and uninsured driver claims.
Does a “park at your own risk” sign protect the operator?
Not for personal injury. Under section 2(1) of the Unfair Contract Terms Act 1977, a business cannot exclude or restrict liability for death or personal injury resulting from negligence. This is an absolute rule with no exceptions. A “cars parked at owner’s risk” sign may be relevant to vehicle damage claims (subject to a reasonableness test), but it does not stop you claiming compensation for physical injuries caused by the operator’s negligence.
Evidence for a car park accident
- CCTV. Most car parks have cameras. Request preservation in writing immediately — footage is typically overwritten within weeks.
- Photographs. Take photos of the scene, the defect or hazard, vehicle positions, any signage and your injuries.
- Other driver’s details. For a collision: name, registration, insurer. Exchange details and report to your own insurer.
- Accident report. If the car park has an attendant or is attached to a business (a supermarket, hospital or airport), ask for the accident to be recorded and get a reference number.
- Medical records. See your GP or attend A&E promptly to document the injury.
Time limits
You generally have three years from the date of the accident — in England and Wales under the Limitation Act 1980, in Scotland under the Prescription and Limitation (Scotland) Act 1973, and in Northern Ireland under the Limitation (Northern Ireland) Order 1989. For children, time usually starts at age 18. See our time limits guide.
What compensation covers
General damages compensate for the injury — pain, suffering and loss of amenity — valued by reference to the Judicial College Guidelines. For whiplash from a low-speed collision, the Civil Liability Act 2018 tariff applies (see our whiplash guide). Special damages cover financial losses: lost earnings, vehicle repair, medical costs, travel and care. See how compensation works.
Getting help
We are not a law firm. We do not take on claims, sell your details or recommend particular firms. To find a regulated personal injury solicitor, use the Solicitors Regulation Authority register and the Law Society “Find a Solicitor” service. Citizens Advice gives free, impartial guidance.
Frequently asked questions
Who is liable for a car park accident?
It depends on what caused the accident. If another driver hit you, the claim is against that driver (through their motor insurer). If you slipped, tripped or fell because of a defect in the car park itself (a pothole, ice, poor lighting, broken surface), the claim is against the car park operator as occupier under the Occupiers' Liability Act 1957. Sometimes liability is shared between the driver and the operator.
Can I claim if I slipped in a car park?
You can if the car park operator failed to keep the surface reasonably safe. Under the Occupiers' Liability Act 1957, the operator must take reasonable care for visitors' safety. If the surface was damaged, icy without gritting, or had a spillage that was not cleaned up, and the operator knew or should have known, you may have a claim.
Do car park accidents count as road traffic accidents?
A collision between vehicles in a car park is usually treated as a road traffic accident for insurance purposes, even on private land. The Road Traffic Act 1988 requires drivers to be insured, and motor insurers handle car park collisions in the same way as collisions on public roads. However, the car park is private land, so police involvement is less common and the Highway Code is guidance rather than directly enforceable law.
How long do I have to claim for a car park accident?
You generally have three years from the date of the accident under the Limitation Act 1980 (England and Wales). Scotland and Northern Ireland have their own three-year rules. For children, time usually starts at age 18.
What if the car park has a disclaimer sign?
A sign saying 'cars parked at owner's risk' or similar does not automatically remove the operator's liability for personal injury. Under section 2(1) of the Unfair Contract Terms Act 1977, a business cannot exclude or restrict liability for death or personal injury caused by its negligence. The sign may limit liability for vehicle damage (if reasonable), but not for your physical injuries.
Get help from official, free sources
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- The Law Society — Find a Solicitor — accredited PI specialists
- Citizens Advice — free, impartial guidance on your rights
Related guides: road traffic accident claims, pedestrian accident claims, slip and fall claims, pothole injury claims, whiplash claims and no win, no fee explained.