Car damaged - who's to blame?!

cant_cope_with_debt

Hi, just wondered if anyone can give me a bit of advice.

I damaged my car parking in a private parking bay at work. They have those fold down bollards (which sticks up by about 3 inches above ground level) and as i drove over it caught the front of the exhaust pretty much ripping it off and putting a massive dent in the pertol tank in the process.

Luckily the petrol tank hasnt burst but i think it will need to be replaced beacuse it wont hold as much petrol now. But I have definately got to replace the whole exhaust, costing over £60 from a scrap yard and then the cost of having it fitted, and possibly the cost of the petrol tank. Hopefully no other damage has been caused.

I was wondering if my employers are liable for the damage?

Any advice appreciated. Thanks.

Rallydriver

It might be difficult. There is a maximum height for speedhumps and probably a generally accepted level of clearance which most mass market cars will generally be fine with. Only if the obsticle is above this height and there is no signage would I say there was any chance of a claim.

Its likely to be a standard design of bollard so I wouldn't think the company would have any problem defending your claim in a legal sense. Unless the bollard was not down fully or something.

If having your car is a requirement for work or if you are lucky then your employer may consider meeting all or part of the cost.

Is the car a "sporty" model or has it been lowered or modified by you so the ground clearance is below standard, could the suspension have sagged over time?

Inactive

3" is a very small ground clearance, are sure that it is only 3 inches?

Has you car been modified???

gordikin

I think you are to blame as you drove over the bollard. You should be well aware of the ground clearance of your car and not take the risk of damage.

juliescot

As others have said 3 inches is very low and would come no-where near any exhaust on a car that I have owned.

Wig

This is a tricky one, for an armchair lawyer (which is how I would describe myself ) My initial view would be to wonder if the car park is provided by the employer for the purposes of employees to park in, with marked parking bays there is an implied invitation for you to park your vehicle. It would IMHO be the responsibility of the parking bay provider to ensure that they are suitable & safe for parking in.

A bollard that sticks up 3 inches or more would be a potential hazard & may be faulty (that does sound unusual to me) & not easily spotted by a driver. So there could be a claim against the employer.

Have a look at http://www.compensationsecrets.co.uk/article.detail.php/170/190/Personal_Injury/Personal_Injury_Compensation/37/Occupiers'_Liability_%E2%80%93_What_does_it_all_mean

And consider these points, that the employer:
a)is aware of the danger?
b)knows/has reasonable ground to believe that a person is in the vicinity of the danger?
c)should be reasonably expected to offer the person some protection?

A previous poster mentioned cars having minimum ground clearance by regulations, this is obviously going to be true, though I have no idea what that clearance is supposed to be. if it can be shown this bollard is below the limit and there are not other factors such as the surrounding tarmac having hollows (which effectively raises the height of the bollard) then this could absolve the employer, however there would still be the potential for tyre damage by running over the bollard. There is also the possibility that your exhaust rubbers were worn/missing allowing your exhaust to hang down dangerously low, thus it would be your fault.

Premier_2

Wig wrote: »

...
A bollard that sticks up 3 inches or more would be a potential hazard & may be faulty (that does sound unusual to me) & not easily spotted by a driver. So there could be a claim against the employer.
...

I think the OP is referring to something like this ... but I might be wrong.

xocbc

Hi there.

Has your car been lowered from the original specification, or does it have an aftermarket exhaust fitted?

There is a minimum ground clearance that things like road humps/bollards etc have to take into account.

If you car is not 100% standard you will have no claim whatsoever imho

hewhoisnotintheknow

you drove into it, it wasnt moving, its your fault im afraid

cant_cope_with_debt

hi, thanks for all your replies.

Im taking a guess a the height, but think it is about 3-4 inches. No, car has not bee modified at all.

Other staff have also scratched their exhausts/other car parts on the bollards before, although as far as i know no one has had any damage which needed fixing like mine. Car just passed mot a couple weeks ago so if exhaust was hanging down further than normal im assuming that this might been mentioned by garage? I have never had any problems with ging over speed humps etc.

Thanks anyway, do appreciate your replies.

hewhoisnotintheknow

cant_cope_with_debt wrote: »

hi, thanks for all your replies.

Im taking a guess a the height, but think it is about 3-4 inches. No, car has not bee modified at all.

Other staff have also scratched their exhausts/other car parts on the bollards before, although as far as i know no one has had any damage which needed fixing like mine. Car just passed mot a couple weeks ago so if exhaust was hanging down further than normal im assuming that this might been mentioned by garage? I have never had any problems with ging over speed humps etc.

Thanks anyway, do appreciate your replies.

Exhausts can go wrong between MOT's