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Damage to ASDA Petrol Station

Hi

I was wondering if people could give a little advise.

A few weeks back my dad, who drives a transit tipper, was filling up in ASDA petrol station. In this station once you filled up you have to drive to a window to pay. The max height for the actual station is twice the height of my dads transit, however the pay booth is a small building with the roof hanging over the edge. The problem is you have to drive very close to the window to be able to pay and as my dad did this he hit the roof on the pay booth. There wasn't much damage and he offered to fix it but they want to claim on his insurance.

I was wondering where he stands with this as I have read is insurance policy and it doesn't mention anything about this type of thing.

Any help would be appreciated.

Thanks!
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Comments

  • vikingaero
    vikingaero Posts: 10,920 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    It's simple property damage - car hits building. Your dads Insurers will have to pay out.
    The man without a signature.
  • kingstreet
    kingstreet Posts: 39,374 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    K1zzie wrote: »
    I have read is insurance policy and it doesn't mention anything about this type of thing
    Anything under liabilities/responsibilities to third parties?
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • Spamfree_2
    Spamfree_2 Posts: 584 Forumite
    Have the petrol station ever had this happen before?
    Have other drivers been able to pull up and pay without taking half the roof off, or is the roof hanging down too low?
  • dunstonh
    dunstonh Posts: 120,603 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Can you send your dad to the ASDA in our town. The sooner someone demolishes that the better. ;)
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • sabretoothtigger
    sabretoothtigger Posts: 10,036 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    edited 7 July 2012 at 11:33PM
    I would argue its their fault. Transit van is hardly a rare vehicle and the indicated height limit clearly gave him a pass to proceed with use of the petrol station facilities.
    If their booth juts out into the vehicle lane, its their fault. If your dad basically mounted the kerb then its a fair cop governor :p

    The insurance company would just roll over I expect and charge more in premiums.

    Could try a formal letter explaining the 'entrapment' to Asda and their legal dept might even just say its not worth the bother and give a pass. People on the ground are just following the book

    Those booth things are awkward anyway, tell him to use self service.
  • vax2002
    vax2002 Posts: 7,187 Forumite
    The reply from the legal office will be, grow longer arms or get out of the van and pay....
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Torry_Quine
    Torry_Quine Posts: 18,890 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You don't need to get that close at the one we use as I can pay as the passenger. The card machine easily reaches over to me so a driver definately wouldn't need to be right up.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • K1zzie
    K1zzie Posts: 9 Forumite
    Hey

    Thanks everyone for thier replies.

    kingstreet, I have read the whole book and the only thing it mentions is that he isn't covered for private roads when he is loading or unloading.

    sabretoothtigger, I have advised my dad that they need to request his insurance details in writing, that way he can reply with what actually happened and it wasn't his fault as he never mounted the curb. To be honest I use that petrol station and even in my small car I have to drive pretty close to the window to be able to reach to pay!

    Spamfree, Yes I believe this has happened before, there are 2 booths and the other one also has dents in the same place.

    Thanks again for the advise :j
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    They don't have to request the details in writing
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • TonyMMM
    TonyMMM Posts: 3,436 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    They don't have to request his insurers details at all - He will be responsible for the cost of the damage, whether he refers the matter to his insurers is his decision (although his policy probably says he is obliged to notify them of any incident).
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