Asda Customer Let Trollet Damage My Car - How To Proceed?

woodbine66

I was sitting in my local Asda car park today, waiting for my wife to finish shopping. Another car pulled up and parked a couple of spaces uphill from my vehicle. It contained a couple and young child.


He went off to get a trolley, which he brought back and put between our two vehicles. He then turned his back on the trolley and leant into his car to get the child out - presumably intending to put the child in the trolley seat.


As his attention was away from his trolley, it rolled downhill, hit my car door, and left two scratches on my car. I took his name and telephone number as well as noting his car reg. no., make, model, etc.


He didn't deny damaging my vehicle due to his inattentiveness to the unsecured trolley, and said that I would have to make a claim on his car insurance. Is this correct? He wasn't driving when the damage occurred, and no part of his car caused the damage. How can his car insurance company be liable?


I would also appreciate any other advice on this matter, especially where I stand and the best ways to proceed. Many thanks for any advice.

motorguy

woodbine66 wrote: »

I was sitting in my local Asda car park today, waiting for my wife to finish shopping. Another car pulled up and parked a couple of spaces uphill from my vehicle. It contained a couple and young child.


He went off to get a trolley, which he brought back and put between our two vehicles. He then turned his back on the trolley and leant into his car to get the child out - presumably intending to put the child in the trolley seat.


As his attention was away from his trolley, it rolled downhill, hit my car door, and left two scratches on my car. I took his name and telephone number as well as noting his car reg. no., make, model, etc.


He didn't deny damaging my vehicle due to his inattentiveness to the unsecured trolley, and said that I would have to make a claim on his car insurance. Is this correct? He wasn't driving when the damage occurred, and no part of his car caused the damage. How can his car insurance company be liable?


I would also appreciate any other advice on this matter, especially where I stand and the best ways to proceed. Many thanks for any advice.

Cant see how you can claim off his car insurance, but i could be wrong.

Maybe his house insurance?

Either way, i'd be getting a repair quote. Currently you dont have his address?

straighttalker

Only option is to sue him directly.

Silver-Surfer_2

I can see this panning out so you either pay it yourself or claim off your own insurance. Not right but his car insurance probably won't pay and it doesn't look like he will either. It's nothing to do with asda.

Hasbeen

straighttalker wrote: »

Only option is to sue him directly.

His insurance wont pay.

Claiming against your own insurance will lose your excess and your insurance premium will probably go up at renewal as you will have had a claim.

If you have his contact details you can get estimate and try for payment.

If he's not willing to pay then I would think LBA and small claims court route if you want?

londonTiger

i would be surprised if every car park in the country doesn't have a disclaimer saying all vehicles are left at the premsis at owners own risk and landlord cannot be responsbile for any damage or loss.

This is why I always park far far away from the entrance so I do not have adjoining cars parking near me (and no abadoned trolleys are left near me).

Doubly caustious about not parking anywhere near a trolley return bay.

Hermione_Granger

londonTiger wrote: »

i would be surprised if every car park in the country doesn't have a disclaimer saying all vehicles are left at the premsis at owners own risk and landlord cannot be responsbile for any damage or loss.

Seeing that no one has stated or implied that the management of Asda are in any way liable, what relevance does such a disclaimer sign have in this instance?

wba31

Mobile scratch repair guy will repair at a relatively cheap price per panel, why not get a few quotes and contact him about him being invoiced?

are they particularly bad scratches? i cant imagine an empty trolley inflicting a mass amount of damage? will they not polish out?

markelock

londonTiger wrote: »

i would be surprised if every car park in the country doesn't have a disclaimer saying all vehicles are left at the premsis at owners own risk and landlord cannot be responsbile for any damage or loss.

This is why I always park far far away from the entrance so I do not have adjoining cars parking near me (and no abadoned trolleys are left near me).

Doubly caustious about not parking anywhere near a trolley return bay.

I used to have a classic (in so far as it was old) Maserati. I parked as far as humanly possible from the Supermarket entrance, but someone would park next to me, and there were 10's of spaces either side!

Have the marks polished out? Sometimes a bit of polish can reduce the marking significantly?

londonTiger

Hermione_Granger wrote: »

Seeing that no one has stated or implied that the management of Asda are in any way liable, what relevance does such a disclaimer sign have in this instance?

When OP mentioned ASDA customer, instead of just a person at a car park. Potentially implying ASDA have anything to do with this.

londonTiger

markelock wrote: »

I used to have a classic (in so far as it was old) Maserati. I parked as far as humanly possible from the Supermarket entrance, but someone would park next to me, and there were 10's of spaces either side!

Have the marks polished out? Sometimes a bit of polish can reduce the marking significantly?

the problem you have is that your car is so unusual that it draws out road users in to have a look at your vehicle and some will park near to you.

also the other [new] tip don't park at the bottom of a decline.