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

caprikid1

Of course the garage could try and claim for damage to the bollard, that could be the result if she pushes it !!!. Struggle to see how hitting a stationary object is ever anything other than the drivers fault . Maybe water filled potholes .

System

Blame is with your mother as it is with anyone who just drives into a stationary object like a bollard. Given there weren't piles of cars in the place with massive dents in them and lots of people standing round making loud remarks and complaining one can only assume that everyone else who went there managed to drive past it just fine.

I'm assuming that by the time you got to the dealership that she was parked in it and you managed to drive past the bollard without running into it?

Specsavers for an eye test followed by signing up to an IAM course would be a good course of action.

TooManyPoints

...but is there anything that we can potentially use against them (legally or not) for them to cover the costs of repairs?

Are you thinking of sending the boys round?

As has been mentioned, if a driver collides with a stationary object he can expect to endure a very hard time showing it was not his fault. If the object reduces a gap to less than a safe distance to pass through then no attempt to pass should be made.

agrinnall

eschaton

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

At least it wasn't a child standing on the road or she would be in a lot more trouble.

Expect a bill for the bollard.

eschaton

AdrianC wrote: »

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


Yeh, good luck with that.

These ones are always the best. :rotfl:

JP1978

Wonder if OP (or the OP's Mother) has now gone to Mumsnet for sympathy?

davemorton

What if the bollard was a nun holding a child and some kittens?? I shudder to think :eek:

Brookside88

eschaton wrote: »

At least it wasn't a child standing on the road or she would be in a lot more trouble.

Expect a bill for the bollard.

My first thought too. A bollard would be roughly the same height as a 5 year old. Doesn't bear thinking about. OP perhaps your mother (you haven't given her age) should consider whether or not her driving is up to a good enough standard to continue. I imagine if shes over say 70 she'll be looking at very expensive insurance going forward having hit a stationary object.

vikingaero

I'm thinking dealership/puncture repair?! Unless it's a warranty issue the best place would be NationalKwikATSEtc.