Collision with a Bollard - Legal action or repair cost covered?

AdamPL

Hello,

I'm here to seek advice as I cannot get hold of exact information online.
Today my mother drove to one of the dealerships for a tyre puncture repair. Upon entry to the premises she collided with a bollard that was up at the only entrance to the dealership. I arrived on scene to discover that all the bollards were down apart from that one.

Family friend working at the site has disclosed to me that the reason for bollard being left up was because it malfunctioned and they cannot get it down. I looked around and there were no signs or warning notices to advise of the potential hazard upon the entry to the premises.

When I confronted the dealership manager he said he cannot discuss anything with me and will let insurers handle the case. He said he didn't know the reason why it was up or why it wasn't down - he simply didn't want to discuss anything. Only case he made is that the bollard is visible however, the way of entry to the premises is a curve bend where at the front of it they have a massive board sign advertising their dealership making it impossible to see the entrance in front. Upon entering the turn from the driver seat the bollard is not visible as its on the near-sire (passenger side) of the car.

I wonder, is there any legal precedent that we can use against the dealership to prove their wrongdoing in having that bollard up so they will cover the costs of the repairs?

I believe I should be able to use a word of their employee (our friend) who stated that the reason for only 1 bollard being up is because they are unable to put it down due to malfunction.

Another case I could potentially make is that this causes a potential hazard during their opening hours due to the fact that this is the only entrance to their premises and could affect not only my mother but other visitors as well. There was no signs to make us aware of the fault with the bollard to make the visitors aware that its up there and to take caution when entering the premises.

Another common sense question is that if the 2 out of 3 bollards are down during opening hours why is 1 left up? I can understand that bollards are there to protect but this is at the entrance and since this is a dealership with only one entry point for customers to drive into their car park why would they leave a bollard up during normal opening hours?

I'm currently awaiting more information from them but is there anything that we can potentially use against them (legally or not) for them to cover the costs of repairs?

All the help is greatly appreciated. Thank you

Car_54

If you haven't done so already, I'd suggest you go back there ASAP and take lots of photos.

societys_child

The usual answer is that she hit a stationary object, which brings up the question of due care and attention.

Did the bollard actually prevent entry, or restrict the width? Presumably others had entered without a collision?

AdrianC

A driver hits a stationary bollard, and you think it's somebody else's fault but the driver's...?


Yeh, good luck with that.

parking_question_chap

Unless the bollard drove into your mothers car, I would consider it more your mothers fault rather than the bollard.

Perhaps an eye test should be the next step.

neilmcl

What dealership? Maybe we can see for ourselves on google street view just how awkward the entrance to this is.

Tigsteroonie

AdamPL wrote: »

I believe I should be able to use a word of their employee (our friend) who stated that the reason for only 1 bollard being up is because they are unable to put it down due to malfunction.

How would your friend feel about that? As they'd be speaking out against their employer ... Probably not the wisest move if they want to continue working there.

stator

There might be a case, if the bollard is dark coloured and matches the colour of the background/tarmac.
If it's a bollard with high vis markings on it, like most collapsible bollards should do, then your mother needs her eyes tested.

Head_The_Ball

AdamPL wrote: »

...
I'm here to seek advice............


.........When I confronted the dealership manager...

My advice is to not confront people. That is rarely productive as his/her back will be up from the start.

Your mother drove into a stationary object. Unless there are very unusual circumstances, then she must take most, if not all of the blame for that.

She should inform her insurance company and let them deal with the situation.

There is no reason or need for you to get involved.

Nobbie1967

The best you can hope for is that the garage is deemed partially negligent by not signing a faulty bollard which they knew about. So best case is that your mother will still be held partially liable, so will lose NCB and have to declare an at fault accident.

There seems little to gain by fighting this IMHO and putting your friend in the firing line by quoting him as a witness to what the dealership knew.

The dealership will leave it to their insurers, and they will reject any claim of negligence without substantial evidence. Your mother's insurer is unlikely to want to waste any time fighting this one.

AndyMc.....

AdamPL wrote: »

Hello,

I'm here to seek advice as I cannot get hold of exact information online.
Today my mother drove to one of the dealerships for a tyre puncture repair. Upon entry to the premises she collided with a bollard that was up at the only entrance to the dealership. I arrived on scene to discover that all the bollards were down apart from that one.

Family friend working at the site has disclosed to me that the reason for bollard being left up was because it malfunctioned and they cannot get it down. I looked around and there were no signs or warning notices to advise of the potential hazard upon the entry to the premises.

When I confronted the dealership manager he said he cannot discuss anything with me and will let insurers handle the case. He said he didn't know the reason why it was up or why it wasn't down - he simply didn't want to discuss anything. Only case he made is that the bollard is visible however, the way of entry to the premises is a curve bend where at the front of it they have a massive board sign advertising their dealership making it impossible to see the entrance in front. Upon entering the turn from the driver seat the bollard is not visible as its on the near-sire (passenger side) of the car.

I wonder, is there any legal precedent that we can use against the dealership to prove their wrongdoing in having that bollard up so they will cover the costs of the repairs?

I believe I should be able to use a word of their employee (our friend) who stated that the reason for only 1 bollard being up is because they are unable to put it down due to malfunction.

Another case I could potentially make is that this causes a potential hazard during their opening hours due to the fact that this is the only entrance to their premises and could affect not only my mother but other visitors as well. There was no signs to make us aware of the fault with the bollard to make the visitors aware that its up there and to take caution when entering the premises.

Another common sense question is that if the 2 out of 3 bollards are down during opening hours why is 1 left up? I can understand that bollards are there to protect but this is at the entrance and since this is a dealership with only one entry point for customers to drive into their car park why would they leave a bollard up during normal opening hours?

I'm currently awaiting more information from them but is there anything that we can potentially use against them (legally or not) for them to cover the costs of repairs?

All the help is greatly appreciated. Thank you

Quoted in case the teddy is thrown.