Car damaged by shopping trolley in Private Car Park

oldandhappy

We took the Car Number of a selfish *** and the damaged Car and passed on the info when the shocked elderly couple returned. They reported this to the Police on there way home and then there Car Insurance Company who traced the owner from the reg. It was the contents/shopping trolley that smashed the rear light and cover so although there Car Insurance Company have contacted us to verify the accident... it occured to me that how can you claim on Car Insurance when the selfish *** car was not involved?

molerat

You can't but the police should deal with it as criminal damage.

Bossyboots

molerat wrote:

You can't but the police should deal with it as criminal damage.

I would amazed if they did unless it was a malicious act.

Suing through the county court is likely to be their only option if the owners of the other car won't pay up for the repairs.

Astaroth

So you are saying it was the vehicle owners that damaged the other car with the trolley?

The insurance company will claim off the people themselves or possibly their home insurance rather than their motor as it obviously has nothing to do with their motor vehicle

rossbenn

I think they can sue them in the small claims court without expense to themselves if the claim is under £1000.

barnabee

In a private car park the police would normally only get involved in the event of theft from the vehicle.

In your case it should be dealt with by civil action. Good luck in this one as I fully understand your frustration.

Off-Road Collisions

The police can only investigate off-road collisions in a public place, e.g. a council car park or supermarket car park. If the collision occurred in a private car park, e.g. a car park not for public parking, then no action can be taken. Failing to stop and report an accident only applies to roads. The police have no power to request documents for off-road collisions

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antwilson

Lol, just reminded me!

Last Saturday I went to tescos, and as I was stood in the queue for the cash machine was pointlessly looking round, and saw somebodyot walking to the edge of the tesco building and dumping her trolley there as she obviously couldnt be bothered to walk the extra 100 yards to put it where it belonged!

She walked back to her car, got back in, and the trolley started rolling towards her with the wind! She stood there a while and watched it and then just as it got about 50 yards from hitting her car she drove off leaving it to drive round the car park with a mind of its own. Then some guy in a brand new 4x4 volvo noticed it and had to speed out the way to avoid missing it. Lost sight of it then, must be the one in this thread!

oldandhappy

The couple who had there vehicle damaged in the Car Park have contacted us to thank us and today we had a witness form to fill in sent to us by Direct Line Insurance....not sure if its the 'trolley one' or the owners insurance...But will report the outcome...I personally cannot see any vehicle insurance paying out in these circumstances...time will tell. Mrs Happy

Astaroth

They will not claim of the third party's motor insurance for the incident as, as you say, it is unrelated to the use of the motor vehicle. They will not contact the motor insurer of the vehicle unless they have become confused over the circumstances.

As previously said, the TPs home insurance may cover the claim under the public liability section if not then DL will attempt to recover their and their clients losses directly from the third party themyselves

andywall

It costs about £50 to make a claim in the small claims Court. It's a pretty straight forward procedure an online form is on the https://www.HMCS.gov.uk website. You don't need a lawyer you can do the hearing and the forms yourself it's all pretty informal. If you win the case you get the £50 back plus your damages.

Your claim here would be in negligance. You would have to show that the negligent acts of the defendants (the people with the trolley) caused the damage. You would need witness statements (preferably independent witnesses) and photos of damage always go down well. If you're lucky you might be able to get CCTV from the supermarket, it's worth asking. Photos of the damage always go down well and a receipts and invoices or estimates for the repairs will need to be kept to prove the costs to the Court.

Often, given the time and effort involved, it's not worth bothoring if the financial costs of the damage are low. If you think you have a good case and you have the time and feel you wish to pursue it you could give it a go.

For criminal proceedings to be brought it would have to be shown that the defendant intentionally (or recklessly) caused damage to the vehicle. The criminal burden is much higher than the civil burden and would be more difficult to prove. For the purposes of obtaining monies for the damage I think a claim in the small claims Court or an insurance claim are your best bet.