Car park accidents - who's at fault?

The driver who fails to take reasonable care is usually considered to be at fault. This typically applies to drivers reversing out of a bay or hitting a stationary vehicle.

However, exceptions may apply if the oncoming driver was driving recklessly, if the car park conditions were poor, or if two cars were reversing at the same time.

Proving responsibility relies on clear evidence, such as car park CCTV (request this immediately), dashcam footage, photos of the vehicles, and witness statements.

Determining fault in a car park accident

Car parks are private property, so the Highway Code rules are not strictly enforced. Instead, fault is primarily determined by the legal principle of negligence, the failure of a driver to take reasonable care or give way to avoid the accident.

Straightforward non-fault scenarios

Hitting an unattended parked car: If a driver hits an unattended parked vehicle, they are at fault.
Pulling out of a parking bay: If a driver pulls out of a parking bay and hits another vehicle, they are at fault.
Collision at a car park junction: If a driver fails to give way at a junction and hits another vehicle, they are at fault.

Exceptions to the ‘general rule’

Lack of clear markings/signage: If the car park lacks clear lines, signage, or arrows indicating the direction of travel, or if the markings are faded.
Car park conditions: Poorly maintained car parks can sometimes contribute to a collision.
Reckless driving: If the priority driver was driving recklessly for the car park conditions, the other driver may argue this contributed to the collision.
Two cars reversing into each other: When two drivers reverse out of opposing bays and collide.
Open door accident: If a driver opens their car door and hits another vehicle, they are at fault.

How to prove you weren’t at fault

When you’re involved in a car park accident, it’s important to gather as much evidence as you can at the scene.

The evidence you collect will help support your claim if the other driver later denies responsibility.

You should collect:

Dash cam footage: This is the most definitive evidence you can have.
Car park CCTV: Footage must be requested from the car park owner as soon as possible.
Final position of vehicles: Take photos of the final resting position of the cars.
Vehicle damage: Take photos showing the points of impact on both vehicles.
Witness statements: An independent witness's account is invaluable evidence.
Car park details: Note the full address of the car park and, if possible, the level, aisle, or bay number.

What causes car park accidents?

Distracted driving: Drivers in car parks are often distracted by looking for a space, or looking for the exit.
Reversing without looking: When a driver reverses out of a bay without properly checking for vehicles or pedestrians.
Limited visibility: When a drivers visibility is obstructed by vehicles, pillars, or poor car park design.
Negligent driving: Drivers may ignore right-of-way rules, fail to use their indicators, or drive too fast for the conditions.

After a car park accident: your first steps

Dealing with an accident can be stressful, but these simple steps will protect you and your claim.

Stop your vehicle safely and turn on your hazard lights.
Check for injuries and call for emergency services if needed.
Exchange details with the other driver.
Take photos of the scene, including the vehicles' damage and the relevant car park layout, signs, or road markings.

If you were hit and run:

If you return to your parked car and find that it has been hit, you should prioritise gathering evidence.

Do not move your vehicle. Take photos of the damage while the car is in its position.
Look for witnesses or CCTV. Check for anyone who may have seen the incident and look for nearby cameras.
Call the police. A hit and run is a criminal offence. You must report it within 24 hours to get a crime reference number for your claim.

How Auto Claims Assist can help if you were not at fault

After a car park accident, let us handle the stress.

If you were not at fault, we manage your entire claim to ensure you are back on the road as quickly as possible.

We provide:

A dedicated claims handler to manage your claim from start to finish.
24/7 Nationwide recovery
A comparable vehicle while yours is off the road.
Vehicle repair at a BSI-Kitemark accredited garage using only manufacturer approved parts and paints.

All at no cost to you.

Any costs associated with your claim are recovered directly from the at-fault driver’s insurer, on your behalf.

Frequently Asked Questions (FAQs)

What if the other driver admitted fault at the scene but is now denying it?

It’s common for a driver to change their account after leaving the scene. The success of your claim relies on the evidence. not on verbal admissions. If you gathered photos, dashcam footage, or witness statements, this evidence is what will be used to prove the circumstances of the accident.

Do I need to report a car park accident to the police?

You are not legally required to call the police for a minor car park accident unless someone is injured or the road is blocked. However, you must report a hit and run to the police within 24 hours.

What if I have been injured in the collision?

If you have been injured or begin to feel pain after the collision. We can refer you to our panel of specialist solicitors, who will focus on getting you the care and support you need for a full recovery.

Will I have to pay for your service?

Our service is at no cost to you. We recover all costs, including vehicle repairs and a comparable replacement vehicle, directly from the at-fault driver’s insurer. Your no-claims bonus remains unaffected, and you have no excess to pay.

Let us take the stress away.

Call us on 0330 128 1407

No caller wait time

Call me back Start my claim