help morrisons car park

[bruce288]

I have bumped my car into a barrier on a morrisons retail carpark which is shared with argos and homebase, is this private land am i covered as I am a named driver on a fully comp policy with citreon insurance, help

[Advoc8]

It's very probably private land but without the address it's difficult to be certain.

[bruce288]

Cant find any reference in my policy to private land does this mean I am covered

[Advoc8]

Not an insurance expert but when I've consulted others who are on this issue the feedback I've had is that unless there's a specific term that excludes private land then you're covered and the perception that fully comp doesn't cover you on private land is an urban myth.

[xrchris]

From memory (bit rusty on this bit) any private land that the public have access to i.e. a car park, then it is regarded as the same as the public highway with regards to insurance etc.

[Advoc8]

Also I've just remembered that someone tried to claim against my insurance for an accident in a private car park. My insurers were prepared to pay out (until I proved that I was not at fault, I hasten to add!).

[JonCris]

I have bumped my car into a barrier on a morrisons retail carpark which is shared with argos and homebase, is this private land am i covered as I am a named driver on a fully comp policy with citreon insurance, help

 

There have been a number of problems with supermarket barriers. Can you say a bit more about how you came to hit it?

[Yorkyclaims]

You are covered on private land.

 

the only policy that doesn't provide cover is the RTA Act (1998) cover only, which is very rare

[bazak1]

when i was employed years ago as a security officer, we had several problems like this on supermarket car parks.

if there was a " no liability accepted " sign, ( which there usually is ) then they will argue all the way, but if the law has changed then perhaps someone could explain further.

as far as i am aware, you park at your own risk. if two cars collide then you sort that out with insurance companies, but items of "furniture" such as bollards, dustbins and even rolling shopping trolleys are another thing.

i will be interested to read how this one goes.

[Advoc8]

I'm not really sure from the OP if he's trying to claim against the supermarket or just worried that his insurance won't cover him if he claims for driving into a stationary barrier?

 

There have been some recent incidents with incorrectly secured barrier arms swinging into cars and damaging them (and the occupants) which I think is what JonCris is alluding to.

[JonCris]

If damage is caused by the negligence of the supermarket or it's employees it doesn't matter what the sign says they ARE still liable.

 

The next time you enter a Waitrose or Sainsbury's check their cp signs which I understand read that they accept no liabilty unless caused by them or their employees

[harrythehawk]

A scooter ran into me in a Morrisons car park, claim settled no problem

[bazak1]

fair play to harrythehawk for getting his claim settled.

i take your point joncris, but as you say the sign s on sainsburys do say "unless caused by them or employees".

i imagine it all depends on who owns the land and how prepared they are to argue the case.

at the end of the day accidents happen.

i myself had a car damaged on a town centre market place by an unsecured entrance gate. i argued the case for 8 months and won, BUT, there were NO signs stating they didnt accept liability, plus i had the good sense to inform them to check their cctv, which would have shown the whole event happening.

sometimes it's just the luck of the draw.

[xrchris]

The Motor Vehicle (compulsory Insurance) Regulations 2000 amended the Road Traffic Act 1988 to include public places, ie car parks. Therefore a motor insurer in the UK cannot write this out of their policy if it is to comply with both UK and EU law.

Under section 143 of the Road Traffic Act 1988 ("the 1988 Act") it is an offence to use, or to cause or permit someone to use, a motor vehicle on a road unless its use is covered by an appropriate policy of insurance or security ("the insurance requirement"). "Road" is defined in section 192(1) of the 1988 Act, in relation to England and Wales, as any highway or other road to which the public has access and, in relation to Scotland, as any road or other way to which the public has access. In the case of Cutter v. Eagle Star Insurance Company Ltd, [1998] 4 All ER 417, it was held by the House of Lords that the expression did not include a car park or similar public place.

 

For the purpose of complying with the directives these Regulations amend the 1988 Act first by extending the insurance requirement to the use of vehicles in public places other than roads and, secondly, by making provision for the reporting of accidents and the production of insurance documents where an accident occurs in a public place.

[wez1211]

Refer Unfair Contract Terms legislation. Cant exclude liability for damage/injury unless 'reasonable'.

[Advoc8]

We still don't know what the OP wants to claim and from who? To me this could read that he wants to claim from his own cover for accidentally bumping into a barrier whilst parking. Would bruce288 be kind enough to comment?

[JonCris]

Refer Unfair Contract Terms legislation. Cant exclude liability for damage/injury unless 'reasonable'.

 

There has to be a measure of negligence on the part of the company or it's employees

[Trojan1401]

Bruce,

 

From what you are saying, it appears that you bumped into an immobile object. It does not matter where this occurred as it appears that you wish to claim for damage to your vehicle. This will be covered under the "Damage to your Own Vehicle" section of the policy providing that it is comprehensive. Any claim however will be subject to any excess clause & may affect the No Claim Bonus.

In addition, the owners of the car park may claim against you for damage caused to their property.

[Zamzara]

There has to be a measure of negligence on the part of the company or it's employees

 

If there wasn't then they wouldn't be liable anyway, with or without the sign.

[JonCris]

Zam I assume your refering to the OP circumstances.

 

If not then even if a sign states no liablity 'howsoever' caused if the company or it's employees are negligent they are liable

[Zamzara]

Zam I assume your refering to the OP circumstances.

 

If not then even if a sign states no liablity 'howsoever' caused if the company or it's employees are negligent they are liable

 

Kind of, I was just observing that putting up a sign almost never makes any difference to a company's liability. If they are negligent they will be responsible sign or not. If they are not negligent, they won't be responsible, sign or not.