[ARJ]

I had an accident in a privately own car park which operated the barriers by a retailer whose property was nearby I had an accident in that car park who would pay for the damage?

[TC1474]

In what context do you mean you had an accident?

Did you have a crash involving another vehicle?

Did the barrier cause damage to your vehicle?

If your crash involved another vehicle then the rules of liability apply and your insurers will deal with the matter just as if it had occurred on the road.

If your damage was caused by the barrier, and the retailer was responsible for the operation of that barrier, then your first port of call is the retailer who will then have the option to consider involving the manufacturers/operators of the barrier to determine whether they share responsibility as joint defendants, but that is not your concern, your letter of claim would go to the retailer.

If it is a different scenario, then you need to be more specific in the details.

[Beelzebub]

Originally Posted by ARJ

I had an accident in a privately own car park which operated the barriers by a retailer whose property was nearby I had an accident in that car park who would pay for the damage?

Are you saying the damage was caused by the barrier?

[ARJ]

I t was a barrier that raised during the evening when the car park was closed. This happened at 2pm when the barrier should have been in the ground. Unfortunately for me it was stuck and raised by about 2ft which I didn’t see. The retailer who was in charge of the barrier said when I rang ‘ we only look after the barrier”. Then said the car park doesn’t belong to us’. They also said that they had been having problems with it moving up at closing time’. Then said ‘they didn’t know who it belonged to’.

[Beelzebub]

So, you didn't see a two-feet high barrier? Clearly no-ne to blame except the barrier.

[TC1474]

Originally Posted by ARJ

I t was a barrier that raised during the evening when the car park was closed. This happened at 2pm when the barrier should have been in the ground. Unfortunately for me it was stuck and raised by about 2ft which I didn’t see. The retailer who was in charge of the barrier said when I rang ‘ we only look after the barrier”. Then said the car park doesn’t belong to us’. They also said that they had been having problems with it moving up at closing time’. Then said ‘they didn’t know who it belonged to’.

So are you saying that the barrier was only partially raised and you drove into it?

If I read that right, then it falls on your shoulders, although it would be incumbent for the retailer to have put a sign out to warn of a partially raised barrier.

The retailer who operates the barrier in normal circumstances would be held liable so they cannot blame whoever owns the barrier/land and you may get some joy from making a claim, but primary liability will be down to you, you may obtain a degree of contributory negligence against the retailer, but I would not bank on it as it as the crash still boils down to you failing to see the partially raised barrier.

[olduser]

I must admit it is a while since I last read motor insurance T&C in detail but as most insurance these days is Comprehensive, and the last time I read the T&C, that covered any damage other than war, and riots, and drink driving, should the op not collect what information he can, and hand over the problem to his insurers?

Even though, as you point out the damage was self inflicted!

[TC1474]

Originally Posted by olduser

I must admit it is a while since I last read motor insurance T&C in detail but as most insurance these days is Comprehensive, and the last time I read the T&C, that covered any damage other than war, and riots, and drink driving, should the op not collect what information he can, and hand over the problem to his insurers?

Even though, as you point out the damage was self inflicted!

He can try it, nothing to lose, but like I said I wouldn't hold my breath, insurers will jump on any reason to not have to pay out.