Car damaged in private car park

Car damaged in private car park

Author
Discussion

martinbiz

3,096 posts

146 months

Friday 12th January
quotequote all
irc said:
It's already a declarable claim anyway
You might want to check that statement

Short Grain

2,773 posts

221 months

Friday 12th January
quotequote all
jamesson said:
Thank you all for the replies so far.

In terms of her car insurance, her renewal premium went from £300 to over £900 because her querying whether or not her car insurance would/should cover it was listed as an open claim.

She feels, quite understandably, that she shouldn’t have to pay any extra when this isn’t her fault and in this case her premium would be going up substantially.
Claim on this insurance then shop around for a new insurance company! Surely she can find a better price than £900+ elsewhere come the actual renewal date?

jamesson

Original Poster:

2,993 posts

222 months

Friday 12th January
quotequote all
Tebbers said:
Lots of people have seen their insurance premiums triple recently, that’s the market. How can you be absolutely sure it is linked to her query?
Because when she explained what happened and that she was only asking for advice, the claim was closed and her renewal price dropped to the same as last year.

OutInTheShed

7,667 posts

27 months

Friday 12th January
quotequote all
irc said:
If it was me I would avoid hassle and claim my car insurance. It's already a declarable claim anyway so not sure there is much to be saved. Let the two insurance companies argue about it.
Maybe it's not a 'claim' yet, but it's an 'incident' and it's unresolved.
Unless you drive a total shed and just shrug it off as a non-event. 'Bit of dust falling on my car? Are those scratches new?'....

Yes you'd need to declare it to insurers when asking for a quote.

The quickest way to get it resolved might be to claim on one's own insurance, then they will claim from the building's insurers.
Or they might just pay up and think it's not worth pursuing

martinbiz

3,096 posts

146 months

Friday 12th January
quotequote all
OutInTheShed said:
Maybe it's not a 'claim' yet, but it's an 'incident' and it's unresolved.
Unless you drive a total shed and just shrug it off as a non-event. 'Bit of dust falling on my car? Are those scratches new?'....

Yes you'd need to declare it to insurers when asking for a quote.

The quickest way to get it resolved might be to claim on one's own insurance, then they will claim from the building's insurers.
Or they might just pay up and think it's not worth pursuing
Yes, not a claim yet until such time the policy holder decides to make one. Unless he does there is absolutely no requirement to report it to their ins co, it is just an incident that has caused damage to their property, it is not an RTC, there is no possibility of a 3rd party trying to make a counterclaim, it would be no different to a neighbour accidently whacking it with a spade on his driveway while doing some gardening or even if the OP accidently damaged it themselves

TwigtheWonderkid

43,404 posts

151 months

Friday 12th January
quotequote all
Sheepshanks said:
TwigtheWonderkid said:
nikaiyo2 said:
I would think that the building owner is liable negligent or not
You think wrong.
They should be liable - bits of ceiling aren't supposed to just fall off.
Yes, they may well be liable if they were negligent. But nikiyo2 said he thought they would be liable, negligent or not. No, if they weren't negligent, they aren't liable.

donkmeister

8,205 posts

101 months

Friday 12th January
quotequote all
TwigtheWonderkid said:
Sheepshanks said:
TwigtheWonderkid said:
nikaiyo2 said:
I would think that the building owner is liable negligent or not
You think wrong.
They should be liable - bits of ceiling aren't supposed to just fall off.
Yes, they may well be liable if they were negligent. But nikiyo2 said he thought they would be liable, negligent or not. No, if they weren't negligent, they aren't liable.
This is the bit I always scratch my head at...

Ruling out a third party clambering up with a kango and chiseling off bits of concrete over her car, and assuming the ceiling fell off "on its own accord", the negligence of the building management could be argued either way.

For instance, they walk around in high vis once a week to look for possible issues, don't really pay attention, get bored, tick their clipboard and go home. Does that absolve them? What if they pay a concrete structure expert to survey the place every year or two, possibly even take a core sample for testing. Does that absolve them if the incident happens a week before the next survey?

You could probably find some testing that wasn't done because it would be too expensive or cause too much upheaval but WOULD have shown the issue, so surely you can find that and argue negligence?

Mr Tidy

22,408 posts

128 months

Friday 12th January
quotequote all
donkmeister said:
This is the bit I always scratch my head at...

Ruling out a third party clambering up with a kango and chiseling off bits of concrete over her car, and assuming the ceiling fell off "on its own accord", the negligence of the building management could be argued either way.

For instance, they walk around in high vis once a week to look for possible issues, don't really pay attention, get bored, tick their clipboard and go home. Does that absolve them? What if they pay a concrete structure expert to survey the place every year or two, possibly even take a core sample for testing. Does that absolve them if the incident happens a week before the next survey?

You could probably find some testing that wasn't done because it would be too expensive or cause too much upheaval but WOULD have shown the issue, so surely you can find that and argue negligence?
Possibly, but if you are making the claim you have to provide the evidence of negligence. You could ask for those inspection reports but they don't have to provide them.

Maybe if you had looked at the ceiling yourself every couple of weeks, noted its condition (ideally with photos) you might get somewhere if you could prove they were aware of a problem.

That's why you get your own insurance!



Retroman

969 posts

134 months

Saturday 13th January
quotequote all
She is obligated to declare the claim, which will likely increase premiums regardless if she's at fault or not nowadays.
If she claims off of her own insurance and they think building management have been negligent they will pursue them with the claim.

If they have indeed checked the building and confirmed all fine etc, then they won't have deemed to have been negligent and she won't be able to claim.

OutInTheShed

7,667 posts

27 months

Saturday 13th January
quotequote all
It's arguable that bits should not fall off a modern building, 'indoors', away from any excessive 'events' beyond the control of the building's owner or builder.
Bits fell of the building because it was defective.
Had proper care gone into the construction and maintenance, would bits have fallen off?

It's not like a slate blowing off in a named storm, or a tree doing what trees naturally do.

What measures are being taken to ensure no more bits fall off?

In the scheme of things, it is a small claim, unlikely to be argued at length (except on here!).
Had somebody been injured, it would be a different story.

OutInTheShed

7,667 posts

27 months

Saturday 13th January
quotequote all
martinbiz said:
Yes, not a claim yet until such time the policy holder decides to make one. Unless he does there is absolutely no requirement to report it to their ins co, it is just an incident that has caused damage to their property, it is not an RTC, there is no possibility of a 3rd party trying to make a counterclaim, it would be no different to a neighbour accidently whacking it with a spade on his driveway while doing some gardening or even if the OP accidently damaged it themselves
The insurers may view the matter differently.

Suppose the same thing happened again, only this time the car owner decides to claim.
The insurer has not been given the full facts of the risk and might try to avoid paying out.

You should read the contract you've 'signed' with your insurer.

Nibbles_bits

1,085 posts

40 months

Saturday 13th January
quotequote all
Retroman said:
She is obligated to declare the claim, which will likely increase premiums regardless if she's at fault or not nowadays.
If she claims off of her own insurance and they think building management have been negligent they will pursue them with the claim.

If they have indeed checked the building and confirmed all fine etc, then they won't have deemed to have been negligent and she won't be able to claim.
This.

Your application for insurance will usually include some wording about your car having been damaged, regardless of whether you made a claim or not, and whether you were at fault or not.

You *should* inform your insurance if your car is damaged......regardless (T&Cs)

martinbiz

3,096 posts

146 months

Saturday 13th January
quotequote all
Nibbles_bits said:
This.

Your application for insurance will usually include some wording about your car having been damaged, regardless of whether you made a claim or not, and whether you were at fault or not.

You *should* inform your insurance if your car is damaged......regardless (T&Cs)
A I suggest you re-read your insurance proposal and check what it actually says and also be aware of a lot of stuff you read on their websites, they have track record of spouting total bks as far as the law is concerned, please post your findings on here

B Are you seriously saying that if you were let’s say up a stepladder fixing your gutter and dropped a screwdriver and it took a chunk of paint out of your bonnet you would report it to your ins co???? You need to get back on planet earth chum

Nibbles_bits

1,085 posts

40 months

Sunday 14th January
quotequote all
martinbiz said:
Nibbles_bits said:
This.

Your application for insurance will usually include some wording about your car having been damaged, regardless of whether you made a claim or not, and whether you were at fault or not.

You *should* inform your insurance if your car is damaged......regardless (T&Cs)
A I suggest you re-read your insurance proposal and check what it actually says and also be aware of a lot of stuff you read on their websites, they have track record of spouting total bks as far as the law is concerned, please post your findings on here

B Are you seriously saying that if you were let’s say up a stepladder fixing your gutter and dropped a screwdriver and it took a chunk of paint out of your bonnet you would report it to your ins co???? You need to get back on planet earth chum
No, I wouldn't. Because my premiums would likely go up, despite not making a claim, but you SHOULD.

I don't inform my insurance company when I'm involved in an accident at work, but you SHOULD.

I suggest reading your Ts and Cs.

From my ins Ts&Cs -
Poviding all the facts
When asked, if you do not reveal all relevant facts your insurance may not be valid and will not protect you if
you need to make a claim. IN PARTICULAR, YOU SHOULD TELL THE INSURER ABOUT ANY INCIDENTS (whether your fault or not, and whether you claimed or not). It is an offence to make false statements or withhold information to get motor insurance. The insurers may charge the correct premium, cancel your policy or make it void from the start date (inception) if you misrepresent or deliberately fail to reveal facts that would affect either the terms and conditions of the policy or the decision to provide insurance. In this case, the insurer may aim to recover any costs they have had to pay and may not return any premium you have paid. You may also be chargedcancellation fees under the Intermediary Contract.

Edited by Nibbles_bits on Sunday 14th January 00:09

KungFuPanda

4,334 posts

171 months

Sunday 14th January
quotequote all
Nibbles_bits said:
martinbiz said:
Nibbles_bits said:
This.

Your application for insurance will usually include some wording about your car having been damaged, regardless of whether you made a claim or not, and whether you were at fault or not.

You *should* inform your insurance if your car is damaged......regardless (T&Cs)
A I suggest you re-read your insurance proposal and check what it actually says and also be aware of a lot of stuff you read on their websites, they have track record of spouting total bks as far as the law is concerned, please post your findings on here

B Are you seriously saying that if you were let’s say up a stepladder fixing your gutter and dropped a screwdriver and it took a chunk of paint out of your bonnet you would report it to your ins co???? You need to get back on planet earth chum
No, I wouldn't. Because my premiums would likely go up, despite not making a claim, but you SHOULD.

I don't inform my insurance company when I'm involved in an accident at work, but you SHOULD.

I suggest reading your Ts and Cs.

From my ins Ts&Cs -
Poviding all the facts
When asked, if you do not reveal all relevant facts your insurance may not be valid and will not protect you if
you need to make a claim. IN PARTICULAR, YOU SHOULD TELL THE INSURER ABOUT ANY INCIDENTS (whether your fault or not, and whether you claimed or not). It is an offence to make false statements or withhold information to get motor insurance. The insurers may charge the correct premium, cancel your policy or make it void from the start date (inception) if you misrepresent or deliberately fail to reveal facts that would affect either the terms and conditions of the policy or the decision to provide insurance. In this case, the insurer may aim to recover any costs they have had to pay and may not return any premium you have paid. You may also be chargedcancellation fees under the Intermediary Contract.

Edited by Nibbles_bits on Sunday 14th January 00:09
So you’re saying that if you fall off a stepladder at work and twist your ankle, you should tell your motor insurer upon renewal?

Nibbles_bits

1,085 posts

40 months

Sunday 14th January
quotequote all
KungFuPanda said:
Nibbles_bits said:
martinbiz said:
Nibbles_bits said:
This.

Your application for insurance will usually include some wording about your car having been damaged, regardless of whether you made a claim or not, and whether you were at fault or not.

You *should* inform your insurance if your car is damaged......regardless (T&Cs)
A I suggest you re-read your insurance proposal and check what it actually says and also be aware of a lot of stuff you read on their websites, they have track record of spouting total bks as far as the law is concerned, please post your findings on here

B Are you seriously saying that if you were let’s say up a stepladder fixing your gutter and dropped a screwdriver and it took a chunk of paint out of your bonnet you would report it to your ins co???? You need to get back on planet earth chum
No, I wouldn't. Because my premiums would likely go up, despite not making a claim, but you SHOULD.

I don't inform my insurance company when I'm involved in an accident at work, but you SHOULD.

I suggest reading your Ts and Cs.

From my ins Ts&Cs -
Poviding all the facts
When asked, if you do not reveal all relevant facts your insurance may not be valid and will not protect you if
you need to make a claim. IN PARTICULAR, YOU SHOULD TELL THE INSURER ABOUT ANY INCIDENTS (whether your fault or not, and whether you claimed or not). It is an offence to make false statements or withhold information to get motor insurance. The insurers may charge the correct premium, cancel your policy or make it void from the start date (inception) if you misrepresent or deliberately fail to reveal facts that would affect either the terms and conditions of the policy or the decision to provide insurance. In this case, the insurer may aim to recover any costs they have had to pay and may not return any premium you have paid. You may also be chargedcancellation fees under the Intermediary Contract.

Edited by Nibbles_bits on Sunday 14th January 00:09
So you’re saying that if you fall off a stepladder at work and twist your ankle, you should tell your motor insurer upon renewal?
No, because we're obviously talking about accidents in vehicles.

If I, whilst driving a work vehicle (for clarification) and have an accident, I SHOULD inform MY insurance company that I have been involved in an accident.

I have had 3 accidents at work, 2 not at fault and 1 still being disputed), I won't inform my insurance company, because why should I pay higher premiums in my private car when it wasn't involved.

Nibbles_bits

1,085 posts

40 months

Sunday 14th January
quotequote all
martinbiz said:
Nibbles_bits said:
This.

Your application for insurance will usually include some wording about your car having been damaged, regardless of whether you made a claim or not, and whether you were at fault or not.

You *should* inform your insurance if your car is damaged......regardless (T&Cs)
A I suggest you re-read your insurance proposal and check what it actually says and also be aware of a lot of stuff you read on their websites, they have track record of spouting total bks as far as the law is concerned, please post your findings on here

B Are you seriously saying that if you were let’s say up a stepladder fixing your gutter and dropped a screwdriver and it took a chunk of paint out of your bonnet you would report it to your ins co???? You need to get back on planet earth chum
https://www.comparethemarket.com/car-insurance/content/i-hit-a-parked-car-what-should-i-do/

Scroll down to -

What should I do if someone hits my parked car?

Discussed here - https://www.pistonheads.com/gassing/topic.asp?h=0&...

Edited by Nibbles_bits on Sunday 14th January 00:40

GolfDragon

157 posts

68 months

Sunday 14th January
quotequote all
Surely if the claimant explains the scenario and provides details of the property owner then the insurance company can pursue the property owner’s insurance or themselves individually. They’d also have a team of lawyers etc so the property owner/insurers will be more likely to agree to said fees.

Chrisgr31

13,487 posts

256 months

Sunday 14th January
quotequote all
Car insurance has shot up. Just had my renewal in January this year. Last year paying £580 with a fault claim in November 2022. Full protected NCD. So last years premium reflects the claim

Renewal this year £990 and shopping around was no cheaper. I do wonder whether the time of year for renewal affects the premium

Nibbles_bits

1,085 posts

40 months

Sunday 14th January
quotequote all
Chrisgr31 said:
Car insurance has shot up. Just had my renewal in January this year. Last year paying £580 with a fault claim in November 2022. Full protected NCD. So last years premium reflects the claim

Renewal this year £990 and shopping around was no cheaper. I do wonder whether the time of year for renewal affects the premium
I had my renewal quote for 2 cars in Mid-October which was higher than last years. Whilst I was deliberating on the quote, I had an at fault claim with the car being written off.
I didn't renew the policy on my 2nd car, going with a cheaper quote.
I've replaced the written off car (almost like for like), and insured this with the original company as a "new customer".....for less than last year.

My insurance for the 2 cars, with an at fault claim, is now cheaper than it last year woohoo