Fury......Help!
Discussion
After getting my hands on my dream car several months ago I haven't stopped giving it TLC.
Imagine my fury then, when the concierge at the Hilton hotel reported some damage to the front and rear of the car...yes I know I should have driven the car to the car park myself and shouldn't have let him within 100yards of it. Hindsight is a wonderful thing.
His story was that he witnessed another car go into the back of it, knocked the car forward and hit a motorbike which fell on top of it.
I think he's talking out of his arse because:
1. Damage to the back of it is too minor to believe the impact that must have occured to to move it forward. The front of the car is worse though...a chunk of fibreglass is missing!!!!
2. No registration of the car was taken but "it was all caught on tape"..we shall see
I reckon to fix it will cost around a grand..I may post some pictures now that I can get my hands on a digital camera.
My fear is that the video won't show conclusive proof and they will deny any responsibility...which means a legal battle.
Any advice any of you can give me (other than to knock the block off the concierge which I have thought of already and regrettably decided against it) would be greatly appreciated....help!
Cheers
Marco
Imagine my fury then, when the concierge at the Hilton hotel reported some damage to the front and rear of the car...yes I know I should have driven the car to the car park myself and shouldn't have let him within 100yards of it. Hindsight is a wonderful thing.
His story was that he witnessed another car go into the back of it, knocked the car forward and hit a motorbike which fell on top of it.
I think he's talking out of his arse because:
1. Damage to the back of it is too minor to believe the impact that must have occured to to move it forward. The front of the car is worse though...a chunk of fibreglass is missing!!!!
2. No registration of the car was taken but "it was all caught on tape"..we shall see
I reckon to fix it will cost around a grand..I may post some pictures now that I can get my hands on a digital camera.
My fear is that the video won't show conclusive proof and they will deny any responsibility...which means a legal battle.
Any advice any of you can give me (other than to knock the block off the concierge which I have thought of already and regrettably decided against it) would be greatly appreciated....help!
Cheers
Marco
The saw another car hit it sounds dubious to start with. (Would a driver in a hotel car park with CCTV really not stop and report it and not risk police action?)
If the tape doesn't help start with the the hotel, I'm sure someone like Hilton could do without negative publicity on its car parking staff. Plus they are bound to be insured.
Key thing to remember is that however many "left at your own responsibility" "management do not accept responsibility for damage" signs/statements that they have, they CANNOT disclaim responsibility for negligence by themselves of employees.
I studied this in law and if they are negligent (legally) such a disclaimer by a business is totally irrelevant.
They could be negligent by damaging the car when driving or possibly (ask a solicitor) for the employee who saw it not to have got a reg plate from the offending vehicle.
If the tape doesn't help start with the the hotel, I'm sure someone like Hilton could do without negative publicity on its car parking staff. Plus they are bound to be insured.
Key thing to remember is that however many "left at your own responsibility" "management do not accept responsibility for damage" signs/statements that they have, they CANNOT disclaim responsibility for negligence by themselves of employees.
I studied this in law and if they are negligent (legally) such a disclaimer by a business is totally irrelevant.
They could be negligent by damaging the car when driving or possibly (ask a solicitor) for the employee who saw it not to have got a reg plate from the offending vehicle.
I had something similar, but in a smaller way.
Left a car at the Hilton in Southampton for 2 weeks while we were away. Got back and their is damage to front passenger side bumper/ splitter. Obviously Curbed but parking guy says tough, see the signs re no responsibility.
Eventually, after a few choice words with the management, they have now agreed to pay for repair.
(BJC is right, they are liable for their staff, the notices cover 3rd parties coming onto the property and causing damage, although they are still liable to provide adequate protection)
Left a car at the Hilton in Southampton for 2 weeks while we were away. Got back and their is damage to front passenger side bumper/ splitter. Obviously Curbed but parking guy says tough, see the signs re no responsibility.
Eventually, after a few choice words with the management, they have now agreed to pay for repair.
(BJC is right, they are liable for their staff, the notices cover 3rd parties coming onto the property and causing damage, although they are still liable to provide adequate protection)
Thanks for those comments.
I spoke to the security manager today (he is still not accepting blame and says they won't pay for anything) and he says the video of the incident is on it's way...but it doesn't show the reg of the vehicle. Which leads me to ask what about other cameras eg showing exit/entry into the car park?
Also spoke to the police and they haven't reported it as a crime because the video doesn't even show impact!
But the bit that makes me not believe them is the minor crack on the plastic which covers the rear lights, this impact was meant to make my car jolt forward into another car. This would only be possible if the hand brake was not applied..case for negligence maybe?
Any solicitors out there? Do I have a case here??
I spoke to the security manager today (he is still not accepting blame and says they won't pay for anything) and he says the video of the incident is on it's way...but it doesn't show the reg of the vehicle. Which leads me to ask what about other cameras eg showing exit/entry into the car park?
Also spoke to the police and they haven't reported it as a crime because the video doesn't even show impact!
But the bit that makes me not believe them is the minor crack on the plastic which covers the rear lights, this impact was meant to make my car jolt forward into another car. This would only be possible if the hand brake was not applied..case for negligence maybe?
Any solicitors out there? Do I have a case here??
Maybe get your insurers to send out a loss adjuster/valuer bloke. He should know what damage would be expected in support of each party's claim. I'd try to get the hotel's statement of exactly what happened (from their point of view) then see if the expert witnesses' report debunks it. At least then you've cast doubt on their story and hopefully supported yours.
Perhaps it's time for that 'legal support' thing we all seem to pay for and never use?
Perhaps it's time for that 'legal support' thing we all seem to pay for and never use?
Hmm
Not sure about you but I don't have a solicitor so yes maybe my car insurance company can help me there.
I think the way it works is that if I lose the case though it constitute a claim which I don't want.
I think I'll treaten the hotel with giving them bad press from all local newspapers in the area, hopefully they'll then see the light.....
Not sure about you but I don't have a solicitor so yes maybe my car insurance company can help me there.
I think the way it works is that if I lose the case though it constitute a claim which I don't want.
I think I'll treaten the hotel with giving them bad press from all local newspapers in the area, hopefully they'll then see the light.....
chinny said:
Marcob
i will have a word with the wife(she works for a soliciters}and see if you have any legal grounds to pursue the matter.I would have thought if its on there property then they are responsable........
Will let you know a.s.a.p. what she finds
Chinny
Chinny
That would be greatly appreciated thanks
I know you said that you did not have a solicitor, but under the circumstances perhaps you should get one? A letter from a solicitor will always get the hotels attention. Whereas protestations from you will always be ignored, as they will believe that you will not have the stamina to stay the course.
A first consultation might be free or cost as little a £50, this is surely a worthwhile investment?
Other ideas
1. Are you an RAC or AA member? They both give members free legal support.
2. Make a call to your credit card company - the one you used to pay the hotel bill maybe? They are linked into the problem and may offer some help.
3. Talk to your own car insurers on your position, don't assume a problem you may not have. They may be able to help.
If you elect to continue doing your own thing, put all communication in writing and take copies. Write accurate notes of all telephone conversations. When action (by them) is promised confirm the details to them in writing and the date by which they agreed to complete the task. You are building a dossier to eventually assist you in the preparation for a small claims court action. You need to be polite but persistent - they may eventually settle just to get rid of you!
A first consultation might be free or cost as little a £50, this is surely a worthwhile investment?
Other ideas
1. Are you an RAC or AA member? They both give members free legal support.
2. Make a call to your credit card company - the one you used to pay the hotel bill maybe? They are linked into the problem and may offer some help.
3. Talk to your own car insurers on your position, don't assume a problem you may not have. They may be able to help.
If you elect to continue doing your own thing, put all communication in writing and take copies. Write accurate notes of all telephone conversations. When action (by them) is promised confirm the details to them in writing and the date by which they agreed to complete the task. You are building a dossier to eventually assist you in the preparation for a small claims court action. You need to be polite but persistent - they may eventually settle just to get rid of you!
RCA said:
If their employee was driving the car then they are responsible. They will be insured for that and regardless of wether or not someone went in to the back it is up to them to sort it!
That says it all for me. Watch out about bad-mouthing them unless you do it cleverely - you might just get a counter-claim for libel!
Gassing Station | Chimaera | Top of Page | What's New | My Stuff