Company bin damaged car in wind

simon.arnold

Hello, newbie here.
Parked my car in the work car park on 18th Feb when we had that first big storm. A big waste bin blew into the back of my car and completely smashed the rear window plus dented the boot significantly. I've been told that the company aren't liable. Is this correct ? There's no signage stating parking there at your own risk. If this bin didn't have the brakes on, are they at fault?  All the bins have now been moved inside the garage area. 
Any help gratefully received.

dunstonh

Parked my car in the work car park on 18th Feb when we had that first big storm. 

So, it's a private car park rather than a public car park.

 There's no signage stating parking there at your own risk.

You should not expect to see signage in private car parks that you would expect in public car parks.

Unless you can prove negligence, the employer is not liable.  

[Deleted User]

You have to show the company is liable for the damage, those signs are largely meaningless, if the company was negligent, a sign doesn't stop them being liable. If they didn't put the brakes on the bin or didn't secure it, you might argue a case, if they did what they could and you got unlucky then you claim on your own insurance.

Brie

Was it your employer that said they weren't liable?  Or the company that runs the parking??

The fact that the bins are no longer outside able to blow about is a bit telling and when you report this to your motor insurance company you should provide them with this information.  Whether they (insurance) will pursue this or not is hard to say but they should at least help you get your car fixed.

Whether you should pursue it yourself is more difficult.  Obviously there should be no retaliation for doing so but...if it's a private firm that runs the parking how confident will you be in future leaving your car there all day?  And if it's your employer what will they think about an employee being cranky about something like this.  It's the same as everything that happens with work that employers are supposed to ignore - whistleblowing, sickness, accident reports etc - unfortunately some employees get penalised for all of these things but often in small and subtle ways.

TELLIT01

Storm damage often means that you have to claim on your own insurance.  That's certainly common on home insurance.  For example, a ridge tile came off my neighbour's roof and smashed the glass in our conservatory.  I had to claim that on my own insurance.

Smithcom

simon.arnold said:

Hello, newbie here.
Parked my car in the work car park on 18th Feb when we had that first big storm. A big waste bin blew into the back of my car and completely smashed the rear window plus dented the boot significantly. I've been told that the company aren't liable. Is this correct ? There's no signage stating parking there at your own risk. If this bin didn't have the brakes on, are they at fault?  All the bins have now been moved inside the garage area. 
Any help gratefully received.

There could be negligence.  Was the bin shifting foreseeable?     Certainly, the storm was well known in advance.   The problem that you could have is if the 'bin operator' says that the wheels were locked, and someone must have unlocked them.   How do you prove your case?  

If there is negligence, you could well have a claim

You'll need to assess cost v pain in the !!!!!! factor v who will you upset, as to how far you push this.

SC