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Tesco Car Park Accident Compensation

Is it still possible to claim Tesco car park accident compensation if I did not report my fall in the car park at the time but went straight to hospital to get treatment for my dislocated shoulder?

Question:

Is it still possible to claim Tesco car park accident compensation if I did not report my fall in the car park at the time but went straight to hospital to get treatment for my dislocated shoulder?

Answer:

Although taking care of your health should be your first priority when sustaining any injury, failing to report an accident at the time it occurs can complicate making a claim for Tesco car park accident compensation. In order to make a successful claim for an accident in a Tesco car park it has to be shown that an avoidable hazard in the car park was responsible for your dislocated shoulder injury and that Tesco failed in their duty of care to provide you with safe access to their store – something which may be difficult if the hazard was temporary and has since been removed.

However, Tesco use CCTV surveillance cameras to monitor activity in their car parks and – under the Data Protection Act 1998 – you can send an “Access Request” to the company requesting a video of your car park accident to prove that the hazard over which you fell existed. Your request to Tesco should include the time and date of your accident, the location within the car park where your accident took place and a brief description of what you were wearing on the day in order that Tesco can locate the appropriate video quickly.

Provided that the security video shows that the hazard which caused you to fall in the car park was present “for an unreasonable period of time”, you will be eligible to claim Tesco car park accident compensation for falling in Tesco´s car park. Even though Tesco´s liability may be established by the surveillance video, you should still go through the procedures of making a report of your accident in the store´s “Accident Report Book” and retain a copy to support your claim for Tesco car park accident compensation.

It is also advisable to discuss the circumstances of your accident in the Tesco car park with a solicitor at the earliest practical opportunity. Once a surveillance video has been requested, and a report of your car park accident recorded in Tesco´s “Accident Report Book”, you may be approached directly by Tesco´s insurers with an offer of compensation for having fallen in a Tesco car park.

Although Tesco is a highly reputable company, it is conceivable that without a full assessment of your shoulder injury and the effect it has on your quality of life, Tesco´s insurers may offer you a settlement of Tesco car park accident compensation which does not fully reflect the extent and severity of your dislocated shoulder or the consequences that your shoulder injury has on your quality of life.

A solicitor will be able to prepare a claim for falling in a Tesco car park which takes into account all the elements of your shoulder injury, represent you if Tesco´s insurers deny their client´s liability or contest how much compensation for an accident in a Tesco car park you should be entitled to receive, and negotiate on your behalf if an inadequate offer of Tesco car park accident compensation is forthcoming.

As surveillance video from car park security cameras is erased once Tesco has no further use for it, it is in your best interests to speak with a solicitor as soon as possible. A solicitor will be able to answer any questions you may have in relation to making a claim for Tesco car park accident compensation, submit the “Access Request” on your behalf if you are apprehensive about doing it yourself and advise you on how to proceed with a claim for an accident in a Tesco car park if the CCTV surveillance video is no longer available or inconclusive.