Who do I make a claim for accident in shopping centre car park against if my car hit a pothole and I was injured?
Provided that the injury you sustained was at least partly the responsibility of a third party, you should be able to claim for accident in shopping centre car park against the operator of the shopping centre. The shopping centre’s operator owes all visitors to the shopping centre a legal duty of care, to be provided with a safe environment in which to shop – and this responsibility extends to the shopping centre car park. If the pothole had existed for an unacceptable length of time and its presence caused you to have an accident and suffer an injury, there is strong possibility that you will be able to recover compensation for a shopping centre car park accident.
Assuming that your injuries were examined by a medical practitioner and documented in your medical history, there are some other important procedures that you should complete in order to support your injury in shopping centre car park claim. It is important that the accident was reported to the shopping centre management and that a record of it was filed in the Accident Report Book. To add further weight to your claim, you should have accessed relevant CCTV footage. It is common for shopping centre car parks to be monitored by security cameras and you may be able to prove the shopping centre’s negligence if evidence of their lack of care has been recorded.
You are perfectly within your rights to request a copy of the CCTV images – you should simply submit a written request stating the date and time of the accident and the exact location. It is important that this step is taken in a timely manner in order to access footage before it is erased. The images you obtain may be used to establish how long the hazard was present and the efforts made by staff to recognise and rectify the problem.
To further benefit your claim for accident in shopping centre car park, you should take photographs of the scene of the accident, indicating its location and demonstrating the size of the pothole, using an item of known size for scale. The photograph should show an accurate depiction of the length and depth of the pothole. You should also take photographs of any visible injuries you sustained and of damage to your car.
You would be well advised to seek legal advice about claiming compensation for a shopping centre car park accident at the first possible opportunity following medical treatment for your injuries. Should you chose to engage the services of an experienced solicitor who can represent you in your injury in shopping centre car park claim, he or she can assist with completing all of the standard procedures, if you have not already done so. Additionally, your solicitor would be able to submit the application for assessment to the Injuries Board Ireland on your behalf, making sure that each vital aspect of your claim is adequately communicated.
In the initial consultation – which most solicitors offer free of charge – your solicitor would be able to assess your claim for accident in shopping centre car park. If your case is deemed viable, your solicitor can compile the most comprehensive file for your claim and can enter negotiation with the shopping centre’s insurers in an effort to negotiate a fair and reasonable compensation settlement in the quickest possible time.