Damage on entering works car park
Discussion
When the office is closed, the work car park is closed with 3 posts that you manually raise / lower into the ground, with hinged lids (about the size of a square coaster) that close over the holes and lay flat on the ground.
This morning, the security guard lowered the posts while I was waiting outside - and I followed another car in when he'd lowered the posts.
What I didn't realise, was that he'd left the lid open on one of the posts.
The car park entrance is flat, but almost immediately after the entrance slopes downwards fairly sharply. This change in gradient meant that the rear underneath of my car caught the lid - and because the lid closed the "other" way - it's damaged the car quite badly. It looks like there is a metal strip that runs across the car (flat edge of the strip faces the road / sky) and the front of the undertray bolts onto this strip. However, on the LHS of the car, the lid must have caught the edge of the strip - it's now pulled down almost vertically. It's damaged the front of the undertray too, and the undertray is bulging downwards on that side but I guess that's because the plastic is now being compressed on that side:
I might be able to straighten this metal strip - but until I get under the car it's hard to tell what state it's in - it certainly appears to have some surface rust and I'm sure I won't be able to get it as good as it was.
I have mailed our facilities department telling them I expect them to pay for it - however, I have not yet and an answer. I don't believe that there are any "use at your own risk" type signs in our car park.
Are they legally liable? Obviously they can argue that I should have seen the lid was still up - but even so, I believe that the damage was caused by the guard not closing the lids on the posts. Because I followed another car in, I had no opportunity to see the lid was still sitting proud.
This morning, the security guard lowered the posts while I was waiting outside - and I followed another car in when he'd lowered the posts.
What I didn't realise, was that he'd left the lid open on one of the posts.
The car park entrance is flat, but almost immediately after the entrance slopes downwards fairly sharply. This change in gradient meant that the rear underneath of my car caught the lid - and because the lid closed the "other" way - it's damaged the car quite badly. It looks like there is a metal strip that runs across the car (flat edge of the strip faces the road / sky) and the front of the undertray bolts onto this strip. However, on the LHS of the car, the lid must have caught the edge of the strip - it's now pulled down almost vertically. It's damaged the front of the undertray too, and the undertray is bulging downwards on that side but I guess that's because the plastic is now being compressed on that side:
I might be able to straighten this metal strip - but until I get under the car it's hard to tell what state it's in - it certainly appears to have some surface rust and I'm sure I won't be able to get it as good as it was.
I have mailed our facilities department telling them I expect them to pay for it - however, I have not yet and an answer. I don't believe that there are any "use at your own risk" type signs in our car park.
Are they legally liable? Obviously they can argue that I should have seen the lid was still up - but even so, I believe that the damage was caused by the guard not closing the lids on the posts. Because I followed another car in, I had no opportunity to see the lid was still sitting proud.
Do you not look where you are going when you are driving?
I'd understand if it was a national speed limit road and you didn't have a chance to see it but you was waiting while it was put down maybe a bit of observation instead of blaming someone else.
Reminds me of the time a women come into a place I used to work at and wanted the insurance details because SHE reversed into a parking bollard.
I'd understand if it was a national speed limit road and you didn't have a chance to see it but you was waiting while it was put down maybe a bit of observation instead of blaming someone else.
Reminds me of the time a women come into a place I used to work at and wanted the insurance details because SHE reversed into a parking bollard.
SmoothCriminal said:
Do you not look where you are going when you are driving?
I'd understand if it was a national speed limit road and you didn't have a chance to see it but you was waiting while it was put down maybe a bit of observation instead of blaming someone else.
Reminds me of the time a women come into a place I used to work at and wanted the insurance details because SHE reversed into a parking bollard.
Of course I do.I'd understand if it was a national speed limit road and you didn't have a chance to see it but you was waiting while it was put down maybe a bit of observation instead of blaming someone else.
Reminds me of the time a women come into a place I used to work at and wanted the insurance details because SHE reversed into a parking bollard.
But there was a car in front of me - I saw him lower the post, and followed the other car in at < 5mph. There was no way I could see the lid was still up - there was a car between me and the lid. My car is much lower - hence the car in front had no problem, and I did.
davek_964 said:
Of course I do.
But there was a car in front of me - I saw him lower the post, and followed the other car in at < 5mph. There was no way I could see the lid was still up - there was a car between me and the lid. My car is much lower - hence the car in front had no problem, and I did.
Had you waited a bit, you could have done.But there was a car in front of me - I saw him lower the post, and followed the other car in at < 5mph. There was no way I could see the lid was still up - there was a car between me and the lid. My car is much lower - hence the car in front had no problem, and I did.
davek_964 said:
, I believe that the damage was caused by the guard not closing the lids on the posts. Because I followed another car in, I had no opportunity to see the lid was still sitting proud.
I really doubt work will stump up for this, I believe the damage was caused by you not waiting sufficient amount of time to check the lid was closed, you assumed it was and proceeded. Surely you suck it up, find out how much it costs and pay up.davek_964 said:
I have mailed our facilities department telling them I expect them to pay for it - however, I have not yet and an answer. I don't believe that there are any "use at your own risk" type signs in our car park.
Do those signs need to be in the car park if it's employees only? Could it be in your employee handbook? I visit a lot of offices and most of the time it's written in the visitors book when you sign in
Joe5y said:
What car is it?
This may or may not be relevant, but I am wondering more if the vehicle is modified in some way, perhaps lowered? I cant imagine a flap from such a post collecting with a car in such a way unless it is very unusual or lowered. The white alloy in the photos suggests it could be wither unusual or lowered. This may be pertinent as if it is modified and lower for example, the company may state you have a duty to be more careful than to drive over something that sticks up a few inches, that every other car in the car park can traverse safely.
FWIW, I think the way to proceed is to see what they say, and if they say no way pedro, you could alleged negligence vs the security guard as if he only left one flap up, it would suggest the should have either left them all up, if that is right, or lowered them all if they is correct! Lowering 2 and leaving oen up, dies suggest negligence on his part. But then, the question is, is it his job to do that, or was he doing a favour, you wording suggests anyone can raise or lowere these bollards, but I presuem there is a key, so it may be his job.
If so, and he has been negligent in the course of his duties, I would expect the company to pay up! Unless they allege you to be negligent too in the course of your employment, ie use of the car park, in which case it may get messy.
Looks to be a messy amount of damage for a small incident, hope you get is sorted.
familyguy1 said:
I really doubt work will stump up for this, I believe the damage was caused by you not waiting sufficient amount of time to check the lid was closed, you assumed it was and proceeded. Surely you suck it up, find out how much it costs and pay up.
You could get the rust attended to at the same time, too!The car is not lowered, it's an Aston Martin so is relatively low anyway.
On a flat surface, it would not have caught the car - but almost immediately after the entrance, the car park slopes downwards quite sharply. That - combined with a fairly low car - was enough.
ETA : Only the security guard can lower them - they are padlocked when up.
And no, there are no tailgate signs - once the posts are lowered, the entrance is open and we were doing < 5mph
On a flat surface, it would not have caught the car - but almost immediately after the entrance, the car park slopes downwards quite sharply. That - combined with a fairly low car - was enough.
ETA : Only the security guard can lower them - they are padlocked when up.
And no, there are no tailgate signs - once the posts are lowered, the entrance is open and we were doing < 5mph
poo at Paul's said:
T you could alleged negligence vs the security guard as if he only left one flap up, it would suggest the should have either left them all up, if that is right, or lowered them all if they is correct! Lowering 2 and leaving oen up, dies suggest negligence on his part. But then, the question is, is it his job to do that, or was he doing a favour, you wording suggests anyone can raise or lowere these bollards, but I presuem there is a key, so it may be his job.
If so, and he has been negligent in the course of his duties, I would expect the company to pay up! Unless they allege you to be negligent too in the course of your employment, ie use of the car park, in which case it may get messy.
Looks to be a messy amount of damage for a small incident, hope you get is sorted.
In short, do a hard working individual out of a job because of your incompetent driving (or at least driving too close to the person in front).If so, and he has been negligent in the course of his duties, I would expect the company to pay up! Unless they allege you to be negligent too in the course of your employment, ie use of the car park, in which case it may get messy.
Looks to be a messy amount of damage for a small incident, hope you get is sorted.
What about the other car, could they have driven over the cover resulting in it open with the revolution of the wheel? Just a thought...
Joe5y said:
In short, do a hard working individual out of a job because of your incompetent driving (or at least driving too close to the person in front).
What about the other car, could they have driven over the cover resulting in it open with the revolution of the wheel? Just a thought...
No, they couldn't.What about the other car, could they have driven over the cover resulting in it open with the revolution of the wheel? Just a thought...
I'm really curious just how much of a gap you would be leaving when literally queued behind another car waiting for entry into a car park at < 5mph. Hardly anybody would be leaving multiple car lengths, and it's not like I was inches from the bumper.
I dont see how the company cant take some responsibility for this. Should the offending cover have closed automatically.? Why was it protruding out sufficiently to tear the bottom out of the OP's car? Lack of maintenance or care by the security guard? I assume the OP has negotiated the entrance in the past with no difficulty.
Bigends said:
I dont see how the company cant take some responsibility for this. Should the offending cover have closed automatically.? Why was it protruding out sufficiently to tear the bottom out of the OP's car? Lack of maintenance or care by the security guard? I assume the OP has negotiated the entrance in the past with no difficulty.
Of course I have - and at all times, he's remembered to put the cover down!davek_964 said:
No, they couldn't.
I'm really curious just how much of a gap you would be leaving when literally queued behind another car waiting for entry into a car park at < 5mph. Hardly anybody would be leaving multiple car lengths, and it's not like I was inches from the bumper.
AT the end of the day you missed the flap was up and drove into it. Not sure how this is anyone else's fault but yours OP.I'm really curious just how much of a gap you would be leaving when literally queued behind another car waiting for entry into a car park at < 5mph. Hardly anybody would be leaving multiple car lengths, and it's not like I was inches from the bumper.
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