Damage to car on car park bump

bzugda

Hello all,
Given responses to a previous similar post I'm not optimistic but here goes.
I entered a Netto car park today and on crossing the boundary there was a severe grating noise as I clearly scraped the exhaust on the bump in the entrance. Now, the car is lowered but it has been for 6+ years and I've never previously suffered any damage on speed bumps etc. I took it to kwik fit just to get an idea of the damage before I proceed and it turns out the front pipe is bent resulting in some nice new noises as it hits the chassis

At this point, the cynics amongst you are already think, 'Unlucky' but I'm wondering if there's any way I can claim against the store based on the fact that this hazard wasn't signed. It looks to me like they've poured tarmac all across the entrance in a half assed effort to make a speed bump resulting in this nasty little ridge. So if we work on the assumption that it was intentionally created is there any requirement for them to draw attention to it like they do on the public roads?

For the record, it's a very ugly bump and as I sat watching, several unmodified cars nearly scraped it as the raised point comes up so suddenly.

regards,
BZ

KillerWatt

The last time I made a claim for an exhaust system was against Hounslow Council in 2002, and the only reason I was successful was because the sleeping policemen they installed were higher than 4½" (125mm).
One of the first questions from Hounslow Council when I first put the claim in though was "Has your car been modified in any way whatsoever?"

My car (Pontiac Firebird) was completely standard, so I'm guessing that as your car is non standard you may be on a looser with a claim for damage caused by speed humps/sleeping policemen.
I'd forget the fact that you saw several unmodified cars having their undersides "nearly" scraped, they either suffered damage or they didn't.

vaio

There must be a BS or code of practice that states max height, if the one you hit is over height then I'd have thought you should get your repair costs.

molerat

I think they could be held liable if the hump is not to the guidelines laid down for roads. Although not a legal requirement it would be good practice as part of their duty of care to conform with the regulations regarding size and signposting in a place where the public and their vehicles are invited so as to negate damage to their vehicles. http://www.bromleytransport.org.uk/Legal_basis_of_traffic_calming.htm
gives a guide to size and some links.

Hammyman

Your car is modified from standard. You've no chance of succeeding in any claim. You also conveniently neglect to mention what speed you were doing. Being a modified car, I doubt it was appropriate even though you may think you were crawling.

vaio

Nah, I'd say it doesn't matter about modified, if the hump is too high and you hit it then it doesn't matter whether your car is low from the factory, low by modification or not lowered at all.

The road owner has a duty not to put unexpectedly high speed humps in the road and should pay for damage if they get it wrong

Lum

Hammyman wrote: »

Your car is modified from standard. You've no chance of succeeding in any claim. You also conveniently neglect to mention what speed you were doing. Being a modified car, I doubt it was appropriate even though you may think you were crawling.

Generalise much?

FWIW my works Mondeo is lowered from the factory as it's the Econetic option and the lowering improves the airflow and reduces drag.

I've scratched the plastic undertray on a few speed bumps and humped back bridges.

Pew_Pew_Pew_Lasers!

Hammyman wrote: »

Your car is modified from standard. You've no chance of succeeding in any claim. You also conveniently neglect to mention what speed you were doing. Being a modified car, I doubt it was appropriate even though you may think you were crawling.

Ignore this person.

Inactive

Pew_Pew_Pew_Lasers! wrote: »

Ignore this person.

Why, because you don't happen to agree with his comments?

vaio

Nah, because he's talking nonsense in post #5

Hammyman

vaio wrote: »

Nah, because he's talking nonsense in post #5

Am I? What if he's lowered it 2 inches or more? Most lowered cars I see (and I see a lot as the missus is in the FTO owners club) are to the point where the tyres are in danger of rubbing on the arches when they turn the steering wheel.