Car damaged by groundsmen/contractors in University car park

cs95aam

Hello,

I had my car valeted on Tuesday and took photos immediately afterwards as I intend to sell it. I took it to work (university) the following day and parked it in the staff car park. When I came back at the end of the day it looked like it had been sprayed with bits of twigs and also it was marked all over - passenger and driver’s side with what looked like white paint. I tried cleaning it with water but it’s actually taken the paint off. 

There are contractors working in the car park renovating parts of the university building. Even the twiggy bits aren’t coming off. I emailed estates and I’ve received no response. What are my rights? Should I approach security and ask them for video footage? Will they even allow that?

Thanks

eskbanker

Not sure if you actually have any rights as such in this situation, but approaching your employer to seek their cooperation in determining what happened seems a sensible place to start.

Ditzy_Mitzy

The 'rights' here are, and I'm sorry to state the obvious, to make an insurance claim.  The OP could contact his/her own insurer or pursue things via the contractor.  The university will no doubt have some sort of 'all vehicles parked at owners' risk' disclaimer in force, but are also unlikely to be using cowboy contractors who aren't adequately covered.  

It'll need to go down at renewal anyway, so the most sensible course of action is probably to start a no fault claim with the insurer of the car.  It's probably also sensible to report the matter to the immediate line manager, from the work perspective.  

maman

Are you a member of a trades union? Some provide cover for work related incidents. I remember a colleague was able to claim for damage in a school car park. However, it didn't come to that as employer paid.

In your situation, I'd pursue your employer and ask how to claim either from them or contractor. 

Grumpy_chap

Ditzy_Mitzy said:

The university will no doubt have some sort of 'all vehicles parked at owners' risk' disclaimer in force, but are also unlikely to be using cowboy contractors who aren't adequately covered.  

Such disclaimers cannot exclude the car park owners / operators liability under tort.  The "parked at own risk" only excludes negligence by a third party, so if someone collides with the vehicle or steals it, that is nothing to do with the car park owner.  The car park owner cannot exclude their own negligence, nor that of their agent.  I recall this much from my A Level Law as it was the substance of one of the pieces of case law that was covered and a potential exam question.  I don't recall the further details any longer.

As for the OP, the options are to raise the query with the University and if Estates Dept simply ignore contact, then via Line Manager or HR perhaps.  Though, to be fair, Estates have not actually had that long to respond and I'd give them a bit more time.
If that gets nowhere, then the options are:

• an insurance claim and let the insurer pursue the University if they feel it can be successful
• pay for repairs independently
• sell the car with the damage for a bit less money

Grey_Critic

Sure you have not missed the memo advising of the work and saying park elsewhere?

cs95aam

Grey_Critic said:

Sure you have not missed the memo advising of the work and saying park elsewhere?

Not sure what you mean here. There was nothing to indicate that I couldn’t park in that spot. 

sheramber

Were other cars affected?

baser999

I had the rear screen on my car broken by contractors working in the street on behalf of the Council. Submitted a claim to the Council who said they’d not be responsible but instead referred me to the contractors. Emailed and they settled; didn’t ask to inspect the vehicle, happy to accept a few photos. Can only assume the contractors receive regular claims from affected residents.