accident on a private car park

[hotfemail]

someone let a trolley run into my car causing �200 worth of damage. It was witnessed independantly, but as it was on the car park at a cash and carry they are refusing to pay, saying that it is private land so rhey are not liable. Is this right ?

[bednobs]

yes. At most shops car parks you will see a sign disclaiming for any liability and that you park there at your own risk. how is it the shpos fault anyway, surely its the fault of the person who let the trolley go?

[hotfemail]

sorry, i think i mislead you. the person who did the damage is saying THEY are not responsible - the shop who own the` land are !!

[Ethel]

The people who did the damage ARE liable - pass the relevant info on to your insurance company so they can chase it up.

It' s what you pay your insurance for, after all.

However, the person doing the damage is probably not insured for this sort of incident, so will have to pay out of their own pocket. Getting the money is a different thing all together, even with a court judgement in your favour.

[muppeteer]

if you go through your insurance you will have to pay the excess & it cannot be claimed back on legal cover as it was not a car accident. small claims court would be better

[Ethel]

In a court you will have to prove that the damage was caused by the other person's negligence or it was an intentional act.

If he or she can say something like 'I felt the trolley turning towards the car and did everything I could to stop it, but it was just too heavy' - as an example - he or she will not be liable and you will end up paying costs.

[Segilla]

If the trolley pusher doesn't blame the trolley as being defective, it may well be that that person is responsible.and if fhey have personal liability cover (included in their Home Contents cover), they may be able to pass the responsibility onto their insurance. co..
Regardless, the conditions of your motor policy demand that ALL incidents are reported. Depending on the quality of your cover, (and this is where the cheapest is not always the best), they may take action against the third party hid ins co. It's not up to you to do anything other than report at this stage - but you may lose your NCB if thet find it easier to pay for your damage rather than pursue the TP

[shylock73]

I`m afraid you`ll just have to put it down to being in the wrong place at the wrong time and next time park away from others if poss. It`s not worth all the agro to try and get legal rights to sort it out for you.