Damage to car caused by carpark
Discussion
I grounded my front bumper when leaving a multistory carpark last night - nothing major, but I'll need a new number plate and some scuff marks touched up.
There was a significant difference in level between the carpark exit and the road which caused it. My car is 6 months old an not modified, albeit an Elise with fairly low ride height.
I have an independent wittness who can verify that I was taking reasonable care - not going fast in any way.
Could anybody please advise if the carpark owners have liability for the damage?
thanks,
Dave
There was a significant difference in level between the carpark exit and the road which caused it. My car is 6 months old an not modified, albeit an Elise with fairly low ride height.
I have an independent wittness who can verify that I was taking reasonable care - not going fast in any way.
Could anybody please advise if the carpark owners have liability for the damage?
thanks,
Dave
You've got no chance!
The onus is on the owner of the car to ensure their vehicle is suitable for the car park - you'll be lucky if they don't claim compensation off you for scraping their floor!
Elise's are always losing their number plates on speed humps and such, most just get a stick on plate instead!
The onus is on the owner of the car to ensure their vehicle is suitable for the car park - you'll be lucky if they don't claim compensation off you for scraping their floor!
Elise's are always losing their number plates on speed humps and such, most just get a stick on plate instead!
I agree. They will reply that you were indeed going too fast (or you would not have scraped the bumber).
A mate of mine was driving in the snow and tried to go round a corner at about 5mph but the car kept going straight and clipped the kerb. A patrol car stopped to find out what had happened and my mate asked about trying to get compensation from the council for lack of grit on the road. The officer replied forget it as you were "clearly going too fast". My mate replied "too fast - I was only doing 5mph" to which the officer replied "that's irrelevant - you were clearly going too fast for the conditions otherwise you would not have hit the kerb would you". A fair point!
If the carpark owner uses the above argument - which is probably fair enough - then you have no chance.
You may have felt you slowed down to an appropriate speed, but probably could have slowed even further. If you think there is absolutely no way you could have avoided the scrape, even crawling over at 1mph, then you may have a case.
>> Edited by gixxer1000 on Monday 30th June 12:17
A mate of mine was driving in the snow and tried to go round a corner at about 5mph but the car kept going straight and clipped the kerb. A patrol car stopped to find out what had happened and my mate asked about trying to get compensation from the council for lack of grit on the road. The officer replied forget it as you were "clearly going too fast". My mate replied "too fast - I was only doing 5mph" to which the officer replied "that's irrelevant - you were clearly going too fast for the conditions otherwise you would not have hit the kerb would you". A fair point!
If the carpark owner uses the above argument - which is probably fair enough - then you have no chance.
You may have felt you slowed down to an appropriate speed, but probably could have slowed even further. If you think there is absolutely no way you could have avoided the scrape, even crawling over at 1mph, then you may have a case.
>> Edited by gixxer1000 on Monday 30th June 12:17
Unless you can prove that there is no way the car could negotiate the bump without grounding then I agree with the others that you are out of luck.
I don't think they can use the "it's you responsibility to make sure your car fits" argument unless they have clear warning signs on the entrance about large bump or dips that may damage a car.
I don't think they can use the "it's you responsibility to make sure your car fits" argument unless they have clear warning signs on the entrance about large bump or dips that may damage a car.
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