Car damaged by an out of control, unmanned pallet truck, in parking bays in company carpark

skidude88

Any advice greatly appreciated on the following  (Hopefully the correct forum)
A few weeks after general lockdown was eased, at work a warehouse operator admitted to me that he'd hit my car with a pallet truck he was (or wasn't) controlling!
My direct manager asked HR what the process should be next. They didn't know and said speak to the warehouse manager, who also didn't know and came over to look. Then I was told the Staff member would  be responsible for the repair.  I checked the following day and there is a sign up that was (and still is) barely visible -  re liability etc. (I've worked there 5 years and not seen before! its that covered over) - but I would always assumed this would be the case anyway.
It's taken a few months to get quotes (have tried 10) - many places haven't got back due to Covid or were delayed. My area also went back into lock down so I was unable to get visual quotes until recently. Some have also declined due to the car being silver.
The guy is saying he's not going to pay, he cant afford the repair (£400+) and it was ages ago (30th June). It all got very awkward.
Does the fact that it was company machinery, unmanned and out of control that hit my car change anything.
AFAIK it wasn't officially record, I've certainly not filled anything out or signed anything regard the accident\incident.

Ganga

As the pallet truck was owned by the company and the driver was employed by the company it has to be down to the company, even if there is a notice saying no liability that does not exclude incompetence by an employee working on the companies land under their employ.

Ectophile

You can't avoid responsibility for negligence by putting up a sign.

If it was a company employee who was at fault for the pallet truck going out of control, then the company is liable.  The company would not have been liable if it was a visitor to the premises who had done it.

Robin9

Has your company got a "Near Miss" procedure ?

Grumpy_chap

I think "vicarious liability" would apply.
I am also confused about time lines:

skidude88 said:

A few weeks after general lockdown was eased, at work a warehouse operator admitted to me that he'd hit my car with a palette truck he was (or wasn't) controlling!

It's taken a few months to get quotes (have tried 10) - 
Some have also declined due to the car being silver.

General lockdown was not really lifted until 4th July.  The event was "a few weeks after general lockdown eased" and you have taken "a few months to get quotes". 

Is it really the colour of the car that is causing refused to quote?  Maybe they were just nervous that it was a Delorean and they are scared of it dumping them on a different date if they go too fast or press the wrong button

skidude88

.. unfortunately it wasn't a near miss, it was a direct hit 

Grumpy_chap

"Near miss" in the context of H&S.  The company should do an incident investigation to identify root cause and prevention of recurrence.  So that there is no "next time" resulting in an accident - event resulting in injury or ill health

skidude88

 - Thanks again -   I'd got want you meant , just playing with phasing 

Dr_Crypto

The company should pay. You just need to speak to someone in the company who understands the procedure. 

Dr_Crypto

The company should pay. You just need to speak to someone in the company who understands the procedure.