Petrol Station Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a petrol station accident we can help.

The purpose of this guide is to help anyone who has suffered a petrol station accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming petrol station injury compensation:

Introduction

Accidents on petrol station forecourts often involve collisions between two or more cars. The consequences can be damage to vehicles, and injury to the occupants. Accidents may also involve pedestrians crossing the forecourt.

Vehicles are typically moving slowly while they manoeuvre around petrol station forecourts. Nonetheless, vehicle damage and personal injury from accidents can result from a driver's negligence.

Can I claim if I get hit by a car on the station forecourt?

Typically there are no specific traffic routes around a petrol station forecourt. This means pedestrians may have to weave between cars while they make their way from the petrol pump to the payment kiosk.

Pedestrian accidents are frequently caused by drivers failing to account for people crossing the station on foot.

The general rule is that both drivers and pedestrians have a duty to be on the alert for each other. Pedestrians need to watch out for cars and proceed sensibly.

The duty imposed on drivers is greater. Drivers must be mindful of pedestrians and other cars, and also maintain a low maximum speed.

If you were injured crossing the forecourt, you may be able to make a personal injury compensation claim from the driver's insurers. To succeed, a claimant must prove that the driver (the defendant), failed to show due care and attention.

What can I claim if a car collides with mine?

Liability for vehicle collisions in a petrol station is sometimes viewed as being shared by the parties involved. A decision regarding liability will depend on the available evidence in each case, including injuries sustained and vehicle damage.

If the evidence shows the claimant was driving responsibly, liability is likely to lie solely with the defendant.100% of the compensation will be awarded to the claimant.

If both parties were found to have been partly responsible for the accident, either by driving carelessly or by failing to take precautions against injury, such as by not wearing a seatbelt, liability may be 'split'.

Do I have a petrol station injury claim?

As a basic rule, you will be eligible to make a petrol station injury claim if you sustained an injury:

  • within the last three years, and;
  • another person was to blame, and;
  • that person owed you a duty of care.
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Claim eligibility - Common questions

What if the road accident was my fault?

If you think you were partly responsible for the road accident or for your injury, it should still be possible to make a claim.

In these cases, claims are usually settled with a split liability agreement.

For example, if you were 50% responsible for your injuries, you would receive 50% less compensation.

Read more about when there is uncertainty as to who is to blame.

What if the driver was uninsured or untraceable?

If the driver responsible for the injury is either uninsured or untraceable, a claim can be pursued through the Motor Insurers' Bureau (MIB).

The MIB is an independent body that pays road accident compensation to the victims of uninsured or untraced (unidentified) drivers.

Read more

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a petrol station injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

What if I don't know who was to blame?

You should contact a solicitor as soon as possible to discuss your options. Specialist lawyers have years of experience identifying the responsible party in cases where liability is uncertain.

Can forecourt CCTV evidence be used in my claim?

Many petrol stations now have CCTV cameras installed. This means that the majority of accidents will have been recorded. CCTV footage can help establish liability, and can be presented as evidence in your claim.

Most petrol stations only keep footage for a short period before deleting it. Some companies will have data protection issues regarding the release of footage.

To avoid the risk of losing CCTV evidence, speak to a solicitor as soon as possible. The solicitor can request that relevant footage is retained, or a copy made, on your behalf.

How much compensation can I claim for a petrol station injury?

The amount of money you could claim for your petrol station injury will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your petrol station injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a petrol station injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a serious ankle injury can be £35,000

For a less severe arm injury, in isolation, you would typically receive £4,000.

However, if you have a serious ankle injury and a less severe arm injury, you would typically receive £35,000 + a reduced percentage of £4,000.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for a petrol station injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a petrol station injury will depend entirely on your specific circumstances.

Your petrol station injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

Will a road accident claim affect my benefits?

It may. The receipt of a compensation award could affect the calculation of any means-tested benefits. One approach to protecting your benefits, would be to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?

Petrol station injury compensation

Calculating how much compensation you can claim for a petrol station injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your petrol station injury claim could be worth now:

Calculate compensation

How long does a petrol station injury claim take?

The length of time needed to secure compensation for a petrol station accident can vary considerably.

For instance, a straightforward uncontested public place claim could be settled in a month or two. If the defendant denies liability, a compensation claim can take considerably longer. On average a public place claim will take 4 to 9 months. For more information on how long your claim could take, see: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your petrol station injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

No win, no fee, no risk

With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if your claim is not successful.

No win, no fee guarantee

Our no win, no fee guarantee means there is absolutely no financial risk in making a petrol station injury claim, even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my petrol station injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.

What do I pay if I do not win my petrol station injury claim?

If your petrol station injury claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.

Can I get Legal Aid?

Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning road accident claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Petrol station injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a petrol station injury claim?

In general, you have a time limit of up to 3 years from the date of the petrol station injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your petrol station injury claim becomes 'statute barred'.

Can I claim for a petrol station injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim petrol station injury compensation.

In reality, there are a number of factors that can affect whether a car accident claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert