Tescos liability for damaged car.. any ideas anyone????

shelly

hollydays wrote:

Agree with all the other points,tesco need to have taken resonable care.

What more care can a supermarket take than providing customers with trolley parking areas and those raised strips? If people can't be bothered to use the proper areas for trolleys than accidents will happen.

fannyadams

Are you with a breakdown organisation? RAC or AA? they have a free legal helpline and you could ask them what they think.
Although theoretically it is an 'Accident' your car has been involved in so perhaps a quick call to your insurance legal team might help - you coudl ask hypothetically where you stand if a trolly bounced your car in the car park what's the situation regarding claims.
Good luck although it might not be worth a claim if it affects your NCD and you ahve a relatively high excess.

frwaggle

Hi
Thank you all so much for your words of wisdom and suport, I have spoken to tesco's this morning and have been told to contact the store and get a "Customer Damaged Car" form filled out, apparently CS should of done it last night, Once this is done they will send to HQ and HQ will take it from there to see exactly what help they can offer...

So not a complete "S*d off" just yet... fingers crossed and lets see what happens
Cheers Again

stugib

frwaggle wrote:

Surely if it was there trolly that rolled down there slope in there car park ( just outside the doors ) they must be part responcible ?

Not necessarily. I'd imagine this would come under negligence, regardless of what signs they have up.

As a comparison, as I understand it, if you slip up on some spilt milk inside the supermarket then the supermarket aren't necessarily responsible - it may have just been spilt and there's nothing they could've done to prevent the accident happening. However, if they'd seen it earlier or it had been reported and they didn't bother to clear away the spilt milk and then you slipped on it, then they would've been negligent.

Similarly, they can't really be responsible for every lazy person that abandons their trolleys. They trolley that rolled into your car may have been left there seconds earlier. They probably have a responsibility to clear away any potential dangers, like abandoned trolleys, but they weren't necessarily negligent just because something happened.

jackieb

In future go to a supermarket that you have to use a £1 to get a trolley. It fairly stops the lazy folk from leaving their trolleys lying around.

hollydays

Thanks frwaggle for letting everyone know how you have progressed with this,that helps anyone else who has it happen to them.Let us know the end result.

stripeyfox

As stug alluded to, the presence of a disclaimer sign has no bearing in law. They are usually just a deterrent to stop people claiming for everything!

hollydays

thanks stripeyfox,i thought i had heard that too,but wasnt sure

wobbley

hollydays wrote:

Agree and disagree with wobbley.The thing about store detectives is just a myth.To prove the intentention to permanently deprive a store of its goods all thats required is for the thief to pass the point of payment.Technically you dont even have to leave the store ,to prove dishonest intent but i dont want to get into a long discussion on that legal point.Agree with all the other points,tesco need to have taken resonable care.

Thanks, I'll put that in my little book of "Rumours not to spread".

In the OP's original case,- If the trolley rolled 'down' a slope into the car, have Tesco's been asking people to deposit their trolleys at the 'top' of a slope? I've no doubt you can't really comment without actually seeing for yourself but I would have thought the planning and siting of any such trolley park requires the consideration of avoiding incidents like this.

So, they have signs up saying "cars left at customers risk", but,,,,,, they have "Customer's Car Damaged" forms - Hmmmmm?????

Maisie

frwaggle wrote:

Hi
Thank you all so much for your words of wisdom and suport, I have spoken to tesco's this morning and have been told to contact the store and get a "Customer Damaged Car" form filled out, apparently CS should of done it last night, Once this is done they will send to HQ and HQ will take it from there to see exactly what help they can offer...

So not a complete "S*d off" just yet... fingers crossed and lets see what happens
Cheers Again

The same thing happened to our car in a Tesco car park. There were trollies all over the car park and obviously hadn't been collected for hours.

I complained at the cs desk but they wouldn't comment about 'whose responsilbility' it was. They said the trollies were collected every hour. Didn't look like that to me.

I filled in the car damage form and didn't hear any more. After 3 weeks I contacted the store and HO and they said they were not responsible and there were signs to say that.

I do blame 'lazy shoppers' for some of the damage caused as some people are just too lazy to walk to the trolley park site with an empty trolley.
I just hope that one day they will be paid back by a loose trolley!