ChatterBank4 mins ago
law about traffic accidents on private property
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i was in a supermarket petrol station as i was leaving i had to reverse and reversed into another car causing damage to the paint on there front bumper. she was parked right on top of me and i didn't notice how close who is at fault and what is the law on this
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For more on marking an answer as the "Best Answer", please visit our FAQ.i cant believe you might think its anyone elses but your fault. you need to report it to your insurance co and pay up really. i dont think the fact it was in a supermarket makes any difference. If you were parked on your private drve and someone just reversed into you say, whilst turning round, would you epect it to be your fault, or for any other rules to apply because it was your private land?
I imagine you are mostly concerned about the status of the supermarket car park and whether the normal Road Traffic laws apply.
A supermarket car park to which the public have unfettered access during opening hours is defined as a �public place� as far at the law is concerned. This has been challenged a number of times in court and has always failed. The ownership of the car park is irrelevant. The test is really whether there are restrictions on entry to the area and in the case of a shop car park there usually are none.
As a result all the Road Traffic laws apply and any accidents that occur in these areas are treated in the same way as if they had occurred on the open road.
A supermarket car park to which the public have unfettered access during opening hours is defined as a �public place� as far at the law is concerned. This has been challenged a number of times in court and has always failed. The ownership of the car park is irrelevant. The test is really whether there are restrictions on entry to the area and in the case of a shop car park there usually are none.
As a result all the Road Traffic laws apply and any accidents that occur in these areas are treated in the same way as if they had occurred on the open road.
As New Judge states, criminal law, relating to motoring matters, applies on a petrol station forecourt because it's regarded as a 'public place' for the purposes of the law. So, in the unlikely event of the police becoming involved, you could be prosecuted for 'driving without due care and attention'
Civil law applies anywhere. If another person suffers loss or damage through your negligence, they have the right to demand compensation. Quite clearly, you should have checked your mirrors more carefully before reversing. (Even if the other car wasn't parked right behind yours, a pedestrian might still have crossed behind your car).
You must ensure that the other driver receives compensation for the damage to their car, either by paying for it yourself or by making a claim on your insurance (which is just as valid on a supermarket car park as it is on the public highway).
Chris
Civil law applies anywhere. If another person suffers loss or damage through your negligence, they have the right to demand compensation. Quite clearly, you should have checked your mirrors more carefully before reversing. (Even if the other car wasn't parked right behind yours, a pedestrian might still have crossed behind your car).
You must ensure that the other driver receives compensation for the damage to their car, either by paying for it yourself or by making a claim on your insurance (which is just as valid on a supermarket car park as it is on the public highway).
Chris
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