Damage to car whilst in garage (but by another customer)

bigadaj

AdrianC wrote: »

If the car was in the owner's care, would it be their own problem?
If it was in a Tesco carpark, would it be Tesco's problem?

Or would it be the other driver's problem?

Not a particularly good analogy as the garage presumably had possession of the car, including the keys.

I don't recall handing my keys into customer services the last time I went into tesco, not sure about you.

AdrianC

bigadaj wrote: »

Not a particularly good analogy as the garage presumably had possession of the car, including the keys.

So? The car was stationary and locked at the time somebody else drove into it.

If that'd happened while the keys were in your pocket, who'd be at fault?

arcon5

It's all about negligence and contracts/implied contracts. Liability isn't strict. For example, if I as a healthy able-bodied person with no medical history has a random heart attack whilst driving a motor vehicle I am not necessarily liable to a third party.
If my car is pushed in to the rear of yours because somebody has rear ended me then I'm not necessarily liable to you.
Loads of situations where somebody wouldn't be liable.

Smartsaver7

nimbo wrote: »

If the garage state they are unable to tell you the details would it be possible to notify the police to the accident and the existence of the cctv footage. As they may have more luck compelling the garage to release the details.

- obviously in the real world the police my be too busy - but if the garage stop being helpful then it may be worth a punt?

In a word NO , the garage is not on a road or in a public place where the RTA applies , the police would not have any right seize the CCTV nor would they bother (as for compelling not without a order from a court) , they don't even bother to properly investigate minor collisions in public places.

I doubt very much the owner of the other vehicle would drive into a garage to get their car repaired/serviced and walk off leaving the door wide open and handbrake off, sounds like a mechanic working on the vehicle.

I do think we and the OP are jumping the gun , the garage has not as yet refused to assist by showing the CCTV or refused to exchange details.

To be honest if I was the owner of the garage I would just fix the wing mirror myself as a good will gesture and make good any minor damage to the other car.

Smartsaver7

cuthbert_rumbold wrote: »

And we know that how?

We don't but how many garages that repair cars are on a public carriageway or in the middle of a public car park with implied access to the public , the only one I can think of is the Halfords tent at my shopping centre.

If the garage is in the middle of a service station on the M6 where the public can drive through 24/7 you might just be able to get it reported. If the garage is on private property/land with no public right of access then RTA doesn't apply including insurance/MOT.

Smartsaver7

cuthbert_rumbold wrote: »

And we know that how?

We don't and I should have qualified with IF , but how many garages that repair cars are on a public carriageway or in the middle of a public car park with implied access to the public , if the garage is in the middle of a service station on the M6 where the public can drive through 24/7 you might just be able to get it reported. If the garage is on private property/land with no public right of access then , RTA doesn't apply including insurance/MOT.

Smartsaver7

cuthbert_rumbold wrote: »

If there's no public access then how do the customers get there?

If it was a customer who caused the damage it was most likely in a public place.

And if you want to show your knowledge of the law don't put mot and public place, you only need a mot on the road.

Access is granted to a section of the public to enter the garage for a specific reason ( an implied invitation to obtain a service) there is not 24/7 unhindered access like there is on an industrial estate or the car parks in the shopping centre ( that boy racers scream around) therefore it is not a public place for the purposes of the RTA unless the public can drive through it like a service station.

I can put what I like mate and you can correct me but no need to be rude

Smartsaver7

A location is a public place if people gain access to it in their capacity as members of the public rather than as a person with some form of permission to enter.
Multi storey car parks, hospital car parks and pub car parks during licensing hours have been held to be public places. (above taken from a legal site)

I suggest a garage workshop isn't a place where members of the public can just wander around uninvited , but if this garage is open to the public at large to wander in and out and drive through without obtaining any services I will stand corrected.

We may never know

Car_54

cuthbert_rumbold wrote: »

Did this happen in the workshop?

Being captured on cctv and a customer driving suggests it's outside and in a public place.

Did someone say the customer was driving?

Smartsaver7

cuthbert_rumbold wrote: »

Did this happen in the workshop?

Being captured on cctv and a customer driving suggests it's outside and in a public place.

Quite possibly but the OP stated IN the garage not on the garage forecourt or outside the garage and it wasn't being driven apparently it was left with the door open and just rolled back.

If the garage/parking was enclosed and the public right of access was only to obtain the services of the garage it still wouldn't be in a public place , if the cars were parked in a communial parking area outside the garage where anyone can drive through a different story.

Case law has been very specific to recognise only certain places as being public places for the RTA ie pub/hospital car parks and shopping centres otherwise any place as you say could be argued as public.