Help needed! Incident in car park

Dawn2012

Hi

I wonder if anyone can help me. I was driving today and visited a local shopping centre. When turning into the car park I skidded and bumped one of those railings that are often used to stop pedestrians crossing at certain points. I got out and looked and there was no damage to the barrier. It was a solid sturdy one so I checked my car for damage. There was minor damage to the bumper and a small crack on the plastic. To be on the safe side I reported this to the shopping centre security.

They came out to look at my car and the barrier. Upon looking there was a small post on the floor next to the barrier I bumped. This post was the holder for the barrier that lifts up and down to stop people entering the car park at night. I hope this all makes sense. It was a small post and the base that it was attached to was still fixed to the ground which would mean the post had snapped off the base.

I am now awaiting a decision as to whether they are going to claim from my insurers for the damage.

In the meantime can anyone tell me what the car park owners responsibility is for keeping these posts a) in good repair (I was travelling very slowly at 5-10mph maximum) I heard no noise when I bumped the large barrier and my car is barely damaged so could this have been damaged before; b) should this post that has been damaged have any reflective colours on it? (Today is very very snowy and I wouldn't have usually been out in it. The damaged post is very small, around 1ft high and is white making it almost impossible to see); c) the car park was not cleared of any snow or gritted. Should this have been done?

I am trying to ascertain what my position will be should they claim against me. My excess is extortionate and really don't want to have to pay for a tiny post that I may not even be responsible for damaging.

Any advice is greatly appreciated.

Thank you

bryanb

There will be no excess to pay on a 3rd party claim, unless you decide to get your car fixed of course.

No doubt you must inform your insurer even if there is no claim, so they can load your premium and reduce your NCD

Chopper_Read

Dawn2012 wrote: »

Hi

I wonder if anyone can help me. I was driving today and visited a local shopping centre. When turning into the car park I skidded and bumped one of those railings that are often used to stop pedestrians crossing at certain points. I got out and looked and there was no damage to the barrier. It was a solid sturdy one so I checked my car for damage. There was minor damage to the bumper and a small crack on the plastic. To be on the safe side I reported this to the shopping centre security.

They came out to look at my car and the barrier. Upon looking there was a small post on the floor next to the barrier I bumped. This post was the holder for the barrier that lifts up and down to stop people entering the car park at night. I hope this all makes sense. It was a small post and the base that it was attached to was still fixed to the ground which would mean the post had snapped off the base.

I am now awaiting a decision as to whether they are going to claim from my insurers for the damage.

In the meantime can anyone tell me what the car park owners responsibility is for keeping these posts a) in good repair (I was travelling very slowly at 5-10mph maximum) I heard no noise when I bumped the large barrier and my car is barely damaged so could this have been damaged before; b) should this post that has been damaged have any reflective colours on it? (Today is very very snowy and I wouldn't have usually been out in it. The damaged post is very small, around 1ft high and is white making it almost impossible to see); c) the car park was not cleared of any snow or gritted. Should this have been done?

I am trying to ascertain what my position will be should they claim against me. My excess is extortionate and really don't want to have to pay for a tiny post that I may not even be responsible for damaging.

Any advice is greatly appreciated.

Thank you

I think given the circumstances you are at the mercy of the land owner. You can't prove the post was damaged before you hit it.

You knew there was snow and therefore not gritted. The control of your vehicle is your responsibility. You were too fast for the conditions you were presented with.

Dawn2012

I appreciate it was snowy but I couldn't possibly have travelled any slower than 5-10moh on a road. I maybe wasn't clear. I wasn't in the car park I was turning right into the car park when I skidded into the barrier. It was more of a very slow slip as I was hardly moving at all. I appreciate the barrier may have been damaged by me and therefore my responsibility however I never saw the damaged post when I got out it was when I went back to it after reporting it. If I hadn't seen it when I wasn't in the car then how could I have seen it when driving? It was a small white post and the snow depth means it would have been pretty invisible.

Bryan b thank you I hadn't realised there wouldn't be an excess. Thank you

Alexwild

I think you may have to accept that they may try to make a claim and let your insurance company deal with it. It's perhaps unfair given the circumstances and the prevailing weather conditions so just make sure you give your insurance company all the details and any photos you can. I don't want to tell you that you will/won't get away with it as I think that will be up to the insurers. The amount of false whiplash claims in this country is down to insurers taking a hit rather than trying to fight 3rd party claims and in this instance, whilst I can't say if the car park owners claim is legitimate or not, having not been there, you could find your insurer just pays out without even asking your permission first.

Dawn2012

Alex wild thank you. I thought the same but having never had an incident on the road though it best to get people's views.

My insurers have been good so far and so have the company so I'm sure everything will work out.


Lesson learned to stay indoors in the bad weather.

[text removed by MSE Forum Team]

Thank you again to those of you who have been of assistance.

phill99

Dawn2012 wrote: »

Alex wild thank you. I thought the same but having never had an incident on the road though it best to get people's views.

My insurers have been good so far and so have the company so I'm sure everything will work out.


Lesson learned to stay indoors in the bad weather.

Chopper read your comments are unhelpful and not in the spirit of the forum. I'd encourage you to get a life instead of putting your cynical and opinionated comments onto a thread which you obviously have no intention of providing anything helpful to.


Thank you again to those of you who have been of assistance.

Chopper has actually made some pertinent points. Just because you don't like the truth, I doesn't mean his comments are wrong.

In reality, you had an accident and are suggesting that as a road wasn't gritted it was someone else's fault. Unfortunately you didn't adjust your driving conditions to the conditions.

Tilt

If the land owner is encouraging members of the public to access his land by foot or by vehicle, then it is his 'duty of care' to ensure that all footways and road surfaces are adequately maintained.

If a road surface is icy enough, no matter how slow you are driving you still my end up skidding, particularly on a slope. I actually saw a van once slide backwards into the car behind with all it's wheels secured. The driver could do absolutely nothing about it.

OP should of taken pics of the conditions showing that the road was possibly dangerous as it was 'not adequately maintained'. They do have the option of closing the road if they choose not to grit it at the end of the day so I think there is a possible argument there for your insurers to look at.

Lum

edit:replied to wrong thread, sorry.

Dawn2012

Phil99 the comments chopper read made that I was referring to have been removed as the were rude and offensive. In relation to the comment remaining I appreciate the point of view and am not saying that I am not at fault. However i most certainly did adjust my driving. 5-10 mph on a 30mph road is certainly 'adjusting' my driving. I was simply asking for perspectives on the a) b) and c) points I made.

I have now spoken again with the owner of the car park and they have accepted responsibility for the post not being visible and have confirmed the minor damage on my car couldn't have caused the damaged post.

Thank you for all your comments

Hintza

I still remember with horror the first car I drove with ABS in the snow, I nearly kaked my pants as it just didn't do what I was expecting with cadence braking. And that wasn't that along ago!