Can I make shopping centre car park accident claims for a motorbike accident caused by hitting a pothole in the car park?
You should be entitled to make shopping centre car park accident claims for compensation against the operator of the shopping centre if you were injured in a motorbike accident which was caused by a pothole on the shopping centre premises. The operator of the shopping centre owes its visitors a duty of care to ensure that all areas of the shopping centre can be accessed safely, including the car park facility.
There is every likelihood that you will be able to successfully recover compensation for injuries sustained in a shopping centre car park provided it can be demonstrated that a pothole was present that represented an avoidable hazard which caused you to lose control of your motorbike, crash and sustain an injury.
It is important that you report the accident to the shopping centre operator and record the details in the operator´s accident book. It would also be helpful to secure any CCTV footage of your accident, should the pothole be covered by CCTV cameras. It is common for shopping centre car parks to be covered by security cameras and you are entitled to ask for a copy of any CCTV footage of the area before, or at the time of, the accident.
You will have to submit a written “Access Request”, stating the exact location, date and time the accident took place. It is important that the request is made as soon as possible to ensure that the CCTV footage is not erased. CCTV footage may also be used to determine the length of time that the pothole existed; which can be invaluable when establishing whether the shopping centre has been negligent for not organising repairs within a timeframe that is reasonable.
It will also support a claim for a car park pothole accident if you can return to the shopping centre car park to photograph the pothole responsible for your accident. You should photograph the area indicating the pothole´s location, as well as photographing the pothole using an item of known size to indicate scale. The length and depth of the pothole in the photograph should be clearly visible and you should photograph any damage to your bike, as well as any visible injuries.
It is not clear from your question which injuries you sustained in the accident. In order to make shopping centre car park accident claims, you must have sustained an injury arising from the accident which was treated by a doctor or at the casualty department of the local hospital.
Even if you received preliminary first aid treatment at the shopping centre, you still need to have your injuries professionally examined. Details of your injuries must also be recorded in your medical records to support shopping centre car park accident claims.
It is also recommended that you seek legal advice about making a personal injury claim for a car park pothole accident as soon as is practical. A solicitor will help you obtaining CCTV footage of your accident, collecting other evidence of negligence and compiling a letter of claim to the shopping centre´s public liability insurance company to enable a quick and satisfactory resolution to your claim for a car park pothole accident.