Other party lied to insurance.

Rufty1

k3lvc said:

Aylesbury_Duck said:

Rufty1 said:

AdrianC said:

You drove over a metal "bay marker", and are trying to blame somebody else?

Be thankful they aren't charging you for damage to it.

The markers were badly installed and came loose within 3 days of installation - mainly because other people (not me) had driven over them and squashed them flat.  Once they were free they blew or floated across the car park. They were only about 6 in long aluminium. This was face down in the middle of the road, but because of the amount of water and driving rain, it was invisible.

To get back to your original question, if the landlord has lied to their insurance company all you can do is contend their statement.

Obviously with proof of the alleged lying - you do have that OP don't you ?

Yes I do. I have 70 people who saw them being installed.  Their insurance company told me that they had said they were installed on the day of the incident but infact they were installed days before.  That's why there was time for other people to drive over them & cause them to come loose.  

Rufty1

Aylesbury_Duck said:

Rufty1 said:

AdrianC said:

You drove over a metal "bay marker", and are trying to blame somebody else?

Be thankful they aren't charging you for damage to it.

The markers were badly installed and came loose within 3 days of installation - mainly because other people (not me) had driven over them and squashed them flat.  Once they were free they blew or floated across the car park. They were only about 6 in long aluminium. This was face down in the middle of the road, but because of the amount of water and driving rain, it was invisible.

Did those other people report the damage they caused?  If not, how would the landlord be expected to know about it?  It's similar to potholes in that councils aren't usually held responsible for damage caused to a vehicle unless the hole was reported and the council were deemed not to have assessed it soon enough or had assessed it and not carried out a repair if a repair was deemed necessary.

To get back to your original question, if the landlord has lied to their insurance company all you can do is contend their statement.

No, no one reported it.  But it was known before the installation that people were driving across the bays to get on and off site.  People were annoyed because a 1 way system had been put in so rather than go round, they'd drive through - and it's only a small site.  The landlord has an office on site and walks round all the time, so was fully aware of that and also that the markers were getting flattened.  Of the 30 that had been installed, I counted 22 that had been damaged in just 3 days.  

Aylesbury_Duck

Rufty1 said:

k3lvc said:

Aylesbury_Duck said:

Rufty1 said:

AdrianC said:

You drove over a metal "bay marker", and are trying to blame somebody else?

Be thankful they aren't charging you for damage to it.

The markers were badly installed and came loose within 3 days of installation - mainly because other people (not me) had driven over them and squashed them flat.  Once they were free they blew or floated across the car park. They were only about 6 in long aluminium. This was face down in the middle of the road, but because of the amount of water and driving rain, it was invisible.

To get back to your original question, if the landlord has lied to their insurance company all you can do is contend their statement.

Obviously with proof of the alleged lying - you do have that OP don't you ?

Yes I do. I have 70 people who saw them being installed.  Their insurance company told me that they had said they were installed on the day of the incident but infact they were installed days before.  That's why there was time for other people to drive over them & cause them to come loose.  

So take them to court with your evidence, but as per my earlier comment, did those other people who damaged them, report it to the landlord?  Even if the landlord accepts they were installed a few days before, if they weren't made aware of them being driven over and coming loose, it might be considered reasonable that they hadn't repaired them by the time you drove over them.

Car_54

If the markers had indeed just been installed that morning, and had come loose because it was "a bit windy", that suggests negligence on the part of the installer. "A bit windy" is to be expected in this country.

Maybe the landlord's lies work in the OP's favour.

AdrianC

Rufty1 said:

AdrianC said:

You drove over a metal "bay marker", and are trying to blame somebody else?

Be thankful they aren't charging you for damage to it.

The markers were badly installed and came loose within 3 days of installation - mainly because other people (not me) had driven over them and squashed them flat.  Once they were free they blew or floated across the car park. They were only about 6 in long aluminium. This was face down in the middle of the road, but because of the amount of water and driving rain, it was invisible.

You knew they were there, though?

And you knew they were damaged?

And were you parking in the marked bay, or driving over dividers between bays?

Rufty1

AdrianC said:

Rufty1 said:

AdrianC said:

You drove over a metal "bay marker", and are trying to blame somebody else?

Be thankful they aren't charging you for damage to it.

The markers were badly installed and came loose within 3 days of installation - mainly because other people (not me) had driven over them and squashed them flat.  Once they were free they blew or floated across the car park. They were only about 6 in long aluminium. This was face down in the middle of the road, but because of the amount of water and driving rain, it was invisible.

You knew they were there, though?

And you knew they were damaged?

And were you parking in the marked bay, or driving over dividers between bays?

I knew they were there, at the front or back of the car depending on which way you faced. I didn't know they had become free and started roaming the car park after a bit of wind the night before.  I was driving to my space and was just reversing back into it when I heard a weird noise which turned out to be the marker meeting the wheel arch.  I didn't drive over the markers either before or after.  Those that were left were removed 2 days afterwards.

JGB1955

Sometimes s**t happens and you have to just move on with your life......

mattyprice4004

If you think they're liable, take them to court. Personally I'd let this one go as just 'one of those things' 

Marvel1

Rufty1 said:

In November 2019 my tyre was puncture and my car was damaged after I drove over a bay marker that had come loose in the works car park.  Work rents an office and the car park is shared, so they installed metal 'bay markers' to show who parks where.  Unfortunately a suitable and sufficient risk assessment was not carried out prior to the bay markers being installed. This is because it was well know that users of the car park would drive through bays during ingress and egress. Therefore it could reasonably have been foreseen that the bay markers would be damaged by this action. As they were only screwed into the ground they could then easily become loose. More than one marker had come away from the floor.  
It took a year for me to get the site management to claim on their insurance.  They then lied to the insurer and said the markers had been installed that morning and only came loose only because it was a bit windy.  Therefore, as it was due to the weather they were not liable!!!  They had actually been installed 4 days before. The incident happened at 7am in the morning, so they could not possibly have been installed then.  
The question is - is lying to the insurance company an offense and what can I do now?

So they didn't do their job properly and ensure they were secure.

building_with_lego

Rufty1 said:

In November 2019 my tyre was puncture and my car was damaged after I drove over a bay marker that had come loose in the works car park.  Work rents an office and the car park is shared, so they installed metal 'bay markers' to show who parks where.  Unfortunately a suitable and sufficient risk assessment was not carried out prior to the bay markers being installed. This is because it was well know that users of the car park would drive through bays during ingress and egress. Therefore it could reasonably have been foreseen that the bay markers would be damaged by this action. As they were only screwed into the ground they could then easily become loose. More than one marker had come away from the floor.  
It took a year for me to get the site management to claim on their insurance.  They then lied to the insurer and said the markers had been installed that morning and only came loose only because it was a bit windy.  Therefore, as it was due to the weather they were not liable!!!  They had actually been installed 4 days before. The incident happened at 7am in the morning, so they could not possibly have been installed then.  
The question is - is lying to the insurance company an offense and what can I do now?

Rufty1 said:

The bay markers came loose because people drove over them. So they ended up flat pieces of aluminium.  It was pouring with rain and pitch black, being 7am in November.  The marker was upside down with the screws pointing up in the middle of the road in a puddle.  I couldn't see it so drove over it.  The screws went into my tyre & the marker was then dragged round my wheel arch.  Total cost £350. 
My question was whether it is an offense to lie to an insurance company, not really whether they were liable or not.

Blimey, what time had they been installed that morning?