Car damaged in car park, small claims question?

davetor

Back in April I drove into a supermarket car park that has hard rubber speed bumps
as I went over one of the bumps 'slowly' as there was other cars in front of me,
I felt the underneath of my car scraped and the exhaust on my car started to blow and make noise. the other passenger and I went to the car park management and our details were swapped.
I then contacted the insurance company connected to the car park management and after a very long wait they told me that no other claim had been made on damage from the speed bumps and so they won't pay out.
I have all the relevant documentation from the RAC who I called out the next day to check my car and the receipts from the garage which totalled over £500 for fixing my car.
What I'd like to know is do I have a small claims court case I can win?

fluffnutter

I think they're on dodgy ground asserting that your claim is unsuccessful, purely because no other claim has been successful. But that's insurance companies for you. No doubt they'll claim it was your poor driving that caused the damage. And how can you prove otherwise?

BTW, who's the 'other passenger'? And what 'details were swapped'? Surely the issue is between you and the car park management company.

Hintza

Was your exhaust fitted correctly or was it hanging down?

Why did it cost £500 to repair?

Was the exhaust system knackered and in need of replacement?

davetor

Fluffnutter, The other driver was my partner, we were going shopping.
The details were as follows, the assistant manager came with the caretaker of the car park we all looked at the car and I let them hear the exhaust, they then photographed my car, taking some shots of the underneath of the car. We then went to the rubber bump and I photographed (on my phone) a lump missing from the bump which was laying next to the bump, I picked up the rubber lump and the caretaker agreed it matched and was from said bump.
I was travelling slowly they claim to have CCTV film, this will show me moving slowly in a queue of cars at the time.

Hintza, I just had the exhaust replaced 8 months before, the car was newly MOT-ed as well.

Should I go back to the management company or start a small claim?
Do I have a good chance of winning?

bris

You may have a hard job proving the speed bump was to blame, if it's been there a while and no other driver has had a problem with it then there may have been a reason you did (exhaust dropped slightly for example). The other thing is if there is an obstruction in the road could it not be your responsibility to ensure you can clear it. And lastly as its a private carpark the will have a disclaimer up somewhere which states you use it at your own risk.
It wouldn't hurt to send them a letter before action though to see if it makes them pay up.

wealdroam

Might they counterclaim that you have damaged their speed hump... by knocking a piece out of it?

devildog

Don't know the answer to your questions(sorry) but I have noticed that there is a speed hump at son's school(well there are several actually but only one that causes any problems) and no matter how slow I go over it(once approached it so slow that the car couldn't get over it and rolled back!!) but something always scrapes on the underside(no damage to date but now avoid it completely) The old car I had was fine going over it but this one would catch every time.

DCFC79

Who's to say the exhaust wasnt already hanging off in the first place or wasnt fitted correctly, it would be hard to prove the speed bump did it

devildog

Hard to prove maybe but certainly possible

System

How high is this speed hump? If it is the legal maximum then it sounds more like the suspension has been lowered too far or the exhaust not fitted correctly.

davetor

Cheers guys, as I said the exhaust was replaced a few months prior to the incident and I drive over speed bumps on my way to and from work every day but have never had any problems like this. I also have a witness but I'm not sure if a partner would be accepted as a witness.

Can anyone recommend anybody who could give me free advice?

!!!!!!, the car is a standard Fiat the suspension is standard and hasn't been lowered. The hump I think is legal height but the road up to and after it has an slight incline/decline adding to its hight.

Weldroam, in these times I wouldn't be surprised.