Possible To Claim?

[Wickerman]

Saturday morning I pulled into a public car park at a local retail park, when I heard an almighty crack and scrape.

 

I parked up and saw that right down the passenger side of the car was a gouge about 18 inches from the ground. I looked back at the entrance to the car park and saw the following:

 

 

 

 

I went back to where I'd turned in to take a picture from the drivers perspective.....

 

 

 

 

I've found the details of the security company who place and remove the barriers as it looks like they've simply neglected to take this one away. I've spoken to my insurers and will have to put it through my own insurance obviously but will have to pay £200 excess.

 

My questions is, how can I go about claiming this back from the security company and down what path. My first approach will be a letter with the photos requesting they pay the excess, but not sure where to take it if they refuse, as expected.

 

Any advice would be most welcome.

[JoeyJoeC]

Not entirely sure about this one... but isn't it up to you to avoid driving into obstacles?

[Wickerman]

I see what you're saying but the photos are pretty clear that the obstacle was obscured, and shouldn't have been there in the first place, having been left there negligently by the security company. If I thought I was entirely at fault, then I'd hold up my hands and take it on the chin.

[JoeyJoeC]

Ah I see what you mean. Thought you came from the other direction, but I can see how it would be difficult to notice when turning the corner, especially being lower than the bonnet.

 

Although, the second image you've taken isn't very accurate unless you drive a left hand drive car, and drove right against the curb.

 

Interesting one...

[Surfer01]

The security company is contracted by the landlord for the car park so you would need to go after the LL and not the security company.

[dx100uk]

also is this not a privately owned retail carpark on private land

not a public carpark?

 

this could be fun...

 

dx

[SuperVillain]

I'm defending a similar claim at the mo brought by a driver who didn't see a fairly large object obscured by a tall hedge

and hit it when turning into a premises.

 

Claim is against the people who he thinks left the object there.

The object he hit was much bigger than that bollard and due to the size of the hedge

I can argue quite reasonably that he was driving negligently (not driving to the conditions, particularly with an obscured view).

 

I think playing devils advocate and looking at that second photo especially,

the bollard seems to be set quite far back from the line (a good half car length)

and there was arguably time for you to see it before you hit it,

provided you weren't driving too fast.

 

I would say you assumed that because the first two bollards were not there, the third one wouldn't be either.

I would also say there could have been anything there, lucky it was a bollard

- I see the parked car by the hedge in image 1, maybe could have been a small child that's just gotten out the car.

 

Have you tried writing to the security company?

Their response may well be to accept liability and pay for your repairs...

[Conniff]

I think any claim will be dismissed. That bollards not so well hidden as would appear. You are tight to the hedge and can still see it, it looks a good cars length into the entrance.

[Wickerman]

Thanks for taking the time to respond and for your thoughts which are very much appreciated. It's given me a few things to think about.

[SuperVillain]

No problem. I still think it's worth writing to the security company to see what they say.