My son works for a well known UK supermarket.Recently whilst at work some ******* damaged the side of his car. He is devastated, he doesnt earn much and has a young family and mortguage.Without seeing it I thought it was minor door damage and a second hand door and a respray if correct door colour not available would be OK.When I saw it I could not believe the damage..All down the one side, sill dented as well.I know its parked at owners risk but has anyone challenged and won.
This sort of case has been taken to the courts several times in different guises and it has been held that car park owners may only be liable in cases of personal injury where that injury was caused, directly or indirectly, by the car park owner's negligence.
The car park owner is never liable for damage to property caused by a third party, just as you can't sue the council if your car is damaged by another car whilst you are parked at the side of the road.
hiya - did he have insurance? situations like this are covered on fully comp insurance policies and the insurance company may be able to help you son trace the perpertrator. has he been tot he police?
No there was not cctv coverage in the area he parked. As an employee he was told to park in a specific area.He has just heard today from a spokesperson who says.they are not liable and how do they know the damage was not caused elswhere.
Yes he has fully comp insurance,and will put in a claim, but claiming will put it up his premium.which will put his finances under greater burden.
It would be impossible for the owner of a car park to which the general public has access to get insurance for damage to vehicles caused by third parties.
Having had the very same thing happen to me, in fact on the day after I had taken delivery of the car, I now park as far as possible from other vehicles AND take up 2 spaces!
Thanks to all that replied.I have sugested to my son in future to find somewhere more safer .As the damage was so bad and was near xmasI am of the opinion the driver must have beed ******.