Lime bike damaged our car

Mackers12

Hi all!

Firstly, I wasn't sure if consumer rights was the right place to post this, so let me know if another forum area would be better!

Basically earlier this month a lime jump bike parked on the footpath toppled over onto our car (parked on our street parking area where we always park) and broke the light which caused about £200 worth of damage. 

We have pictures of the bike as it was found (by our neighbours who messaged us the morning it happened), including pics of the serial code of the bike and pics with the handlebar inside our broken light. After getting in touch with lime and showing the pictures, they are saying it's not clear that the bike which has fallen over on our vehicle caused the damage to our vehicle (!?) and they don't consider they are liable.

I would have thought Lime might consider the previous user of the bike to be liable,  but their response seems to suggest *if the bike DID cause the damage*, then they would consider themselves liable and pay compensation.

Any advice on how best to position our argument? I think from the pictures it's reasonably clear the bike has caused the damage. We can also get a witness statement from our neighbours (they know our car light was not broken the evening before). 

I've also read articles that suggest the old green lime bikes are top heavy and very prone to toppling (ie defective) which could also suggest an issue for the red jump bikes (we were unlucky to find one of these embedded in our rear light).

If they don't budge we are tempted to send a LBA and try and argue our case in small claims.

Any help or advice would be much appreciated! 

neilmcl

Can we see the pics please?

This is nothing to do with consumer rights. By all means follow the LBA and small claims route but you're going to have to prove that the company are liable negligently liable.

[Deleted User]

Interesting they offer insurance through Allianz to cover a rider if they damage property. I don't see how one that has been left to just "fall" on a car would damage a light though - they aren't top heavy so how it would generate enough force to damage something through gravity I don't know. Would need to see photos. 

jon81uk

Your insurer may be able to help with a legal claim

neilmcl

jon81uk said:

Your insurer may be able to help with a legal claim

But then he'd have to declare the accident. I would stay clear of your car insurance for this one.

Mackers12

Thanks all,

Pics linked below below taken by our neighbours (hopefully this works for you). The car didn't have the broken light the night before and our neighbours helpfully notified us first thing that morning at about 7.30am what had happened. They were the first ones to notice the damage and they immediately sent us the pictures linked below. We can also get a witness statement from them to confirm this (and to confirm the damage was not there the day before, which they can attest to). 

I read an article about a problem with the green bikes that they were top heavy and topped easy, so thought this way be a factor. Otherwise it's likely the previous user dropped it on the car ... And just left it without leaving a note. 

https://ibb.co/hLJ39X4 

https://ibb.co/jbrxwNr

https://ibb.co/M2CjL7p

https://ibb.co/9Y3yNz2

unforeseen

Any other damage to paintwork? I can't see any. 

davidmcn

Mackers12 said:

I would have thought Lime might consider the previous user of the bike to be liable,  but their response seems to suggest *if the bike DID cause the damage*, then they would consider themselves liable and pay compensation.

I'm not convinced they are legally liable, but if they think they are...*shrug*

Aylesbury_Duck

I think you have two options:
1. Speak to your insurer to see if they'll pursue Lime, or
2. Deal directly with Lime, send them a letter before action and take them to small claims if necessary.

Either option is likely to require you proving Lime have been negligent, which I think will be difficult.  None of your "witnesses" are actually witnesses to the incident.  For all you know the bike was parked and someone knocked into it, knocking it into your car.  That's not the fault of Lime.  

Mackers12

Not really, a minor mark on the paintwork just below the light fitting that we can live with, and aren't trying to recover any costs for (we don't plan on doing anything about it). 

Uptown_Boy

unforeseen said:

Any other damage to paintwork? I can't see any. 

There's some noticeable bumper dents/scratches in the last pic - but these werent caused by the bike. Get a replacement light cluster from a scrappy rather than pay full retail price?

PS - I had to search to see what a Lime Bike was 👀