Car insurance - negligent 3rd party

Christinencl_2

A motorbike parked on the pavement next to my car in work's car park. The bike was covered with a protector and the wind blew the bike over into my car causing serous damage. The security at the car park have CCTV footage of the incident which I offered to my insurer so they could pursue a claim against the owner of the motorbike. My insurer RSA will not pursue the other driver and I have been forced to pay the £300 excess and take the hit for the claim. I have tried complaining to no avail. They claim act of god but I feel by parking on the pavement he was negligent and liable. Can anyone offer advice please ?

chanz4

negligent for parking on the pavement? what if it was a bay, same situation and afraid its an act of god like my trampoline that damaged my neighbours car. I paid for it, and the guy with the bike might

Sgt_Pepper_2

Why is the motorcyclist negligent?

Why can't they park on the footpath? It's not as if its on a road and may not even be a public place.

Christinencl_2

Read The Highway Code:

244

You MUST NOT park partially or wholly on the pavement, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

[Law GL(GP)A sect 15]
Source(s):

http://direct.gov.uk/en/TravelAndTranspo…
dsa adi

rs65

Parking on the pavement didn't cause the damage. The wind did.

dacouch

Christinencl wrote: »

Read The Highway Code:

244

You MUST NOT park partially or wholly on the pavement, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

[Law GL(GP)A sect 15]
Source(s):

http://direct.gov.uk/en/TravelAndTranspo…
dsa adi

That does not mean the motorcycle owner is legally liable for the damage to your vehicle, in the same way if he/she parked it on a double yellow line and it caused damage to your vehicle.

The way the courts look at liability (Which Insurers follow) is basically could the damage to your vehicle be reasonably foreseen / avoidable.

If the bike owner parked up when it was not windy then they would probably not be liable, if they parked up when it was windy you would need to prove that it was foreseeable that it would be blown over onto your vehicle.

Your Insurers will use the same definition and will also be looking at it in a financial way eg is it worth spending money trying to recover their outlay which it sounds like they don't think it'w worth it.

You can pursue the motorcycle owner yourself for your excess

System

Christinencl wrote: »

Read The Highway Code:

244

You MUST NOT park partially or wholly on the pavement, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

[Law GL(GP)A sect 15]
Source(s):

http://direct.gov.uk/en/TravelAndTranspo…;
dsa adi

You do realise that Law GL(GP)A means that the above is only applicable in Greater London. Apart from which, this was a private car park.

Breaching a traffic law does not automatically make that vehicle/driver liable for insurance purposes.

Quentin

dacouch wrote: »

.........You can pursue the motorcycle owner yourself for your excess

She can pursue him, but the third party would (should) refer the matter to his own insurer who in turn would deny any liability!

dacouch

Quentin wrote: »

She can pursue him, but the third party would (should) refer the matter to his own insurer who in turn would deny any liability!

We know this, but the OP seems to not accept it.

raskazz

Was the wind stronger on the pavement than off it then?

Sgt_Pepper_2

Christinencl wrote: »

Read The Highway Code:

244

You MUST NOT park partially or wholly on the pavement, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

[Law GL(GP)A sect 15]
Source(s):

http://direct.gov.uk/en/TravelAndTranspo…
dsa adi

Is your works carpark a public place?