Damage to Car on Private Land Help

Damage to Car on Private Land Help

Author
Discussion

Mephistofleas

Original Poster:

1,385 posts

189 months

Monday 18th August 2014
quotequote all
Can I just ask the normal course of events/responsibilities etc. for the following:

Friend parked in a visitor's car parking space to visit his mum's flat as he does regularly. Upon leaving drove over a manhole in the car park and that's when the damage occurred. One side of whatever holds the cover in place has crumbled to nothing, the cover has 'flipped' up and become wedged in the arch of the front wheel. Obviously it took a second or two for him to react and he has driven an extra couple of meters at low speed before coming to a stop. The front wing, wheel surrounds etc. all need repair and possibly a few other things... obviously an assessment is required.

What has already happened
- Vehicle owner has already informed the land owner (flat management company) who have promised to call him back once they have done some investigation into legitimacy of where he parked(?), condition of the manhole cover etc.
- Pictures have been taken and a witness secured who saw the whole thing.
- According to the map that came with his mum's lease paperwork it appears the car park does indeed belong to the land owner and not the council (this was the first Q in the phone conversation)

Questions
- Should the vehicle owner instigate an assessment of the vehicle's condition straight away? How/where should this be done? It's a one year old car on a lease if that makes any difference.
- If land owner disputes is it a civil matter and should it go through small claims court?
- Anything else required to be done?

Apologies for the length for what's probably a small thing and go easy I just want to make sure all ducks are in a row. Thanks smile

m3coupe

1,104 posts

203 months

Monday 18th August 2014
quotequote all
It's definitely a civil matter and since you have paperwork saying the road/parking has not been assumed by the local authority, no point talking to the police/council.

You've done the right thing by taking photos and finding a witness, adds weight to any claim you make. I'm not sure if they'll pay out anything though, it could be argued that it was unforeseen circumstances so they'd deny responsibility unless it's a very new road.

Would your insurance company not take the claim forward for you?

ging84

8,829 posts

145 months

Tuesday 19th August 2014
quotequote all
what would he do if the land owner is not liable for the damage?
claim on his insurance or pay for the repair himself? if he'd claim then he probably needs to check his insurance policy, it probably says he needs to inform them right away.

tenpenceshort

32,880 posts

216 months

Tuesday 19th August 2014
quotequote all
Absent any evidence of negligence it's hard to see past the OP's friend having to claim on their own insurance. That's what it's there for.

55palfers

5,893 posts

163 months

Tuesday 19th August 2014
quotequote all
Who does the manhole cover belong to?

Mephistofleas

Original Poster:

1,385 posts

189 months

Tuesday 19th August 2014
quotequote all
Cheers all I will pass on.

Assumption is the manhole cover and supporting mortar(?) that crumbled is part of the car park and therefore part of the management companies remit yet this isn't 100% known.

SV8Predator

2,102 posts

164 months

Tuesday 19th August 2014
quotequote all
Mephistofleas said:
Assumption is the manhole cover and supporting mortar(?) that crumbled is part of the car park and therefore part of the management companies remit yet this isn't 100% known.
If it's not "100% known", why are you assuming it is such?


Vixpy1

42,620 posts

263 months

Tuesday 19th August 2014
quotequote all
Suspect the manhole cover will belong to a utility and as such the management company will tell you its the utilities problem.