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My Car Damaged Whilst At A Motorcycle Dealer......

Discussion in 'Lounge' started by PeterT, May 23, 2017.

  1. Ok I visited my local Honda/Truimph dealer here in Stratford and parked my car on their forecourt.
    It was in February when we had some strong winds, thier sign broke away and struck my vehicle causing considerable damage to my bonnet. this was caught on their CCTV which shows the incident.
    I have a quote to repair my car which stands at £1300 plus VAT.
    The dealer is part of a large group who have a blanket insurance policy which covers all their dealers.
    After several conversations they are denying that it was their fault and will not meet any costs.
    I don't accept this as my vehicle was fine before their sign caused damage and I want it put right, but not at my expense. They say I should claim on my insurance but I dissagree, stating it was not my fault.
    I am going to take this further as I would want my car back to what it was.
    I have spoken to the dealer manager and he says nothing he can do as the matter is outside his hands.
    Should I just take the dealer to court to get my vehicle fixed?
    Any help would be appreciated
     
  2. No question it is the dealer's responsibility - it is their sign and it was improperly secured - if it had killed someone, I guess they would have said it was the person's fault for standing there.

    If they refuse (get it in writing) use the small claims court - it's pretty quick and it will cost them a lot more.
     
  3. You will need to put your claim to them in writing,and you need a written reply from them before you go any further.You can then see whether they are denying it was their fault or they are denying liability.Once you have your demand and response in writing you will have the right information to proceed.
    Who knows,they might perhaps think again when they realise you are not going to let the matter drop.
    Best of luck anyway.
     
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  4. Lots of places have notices saying you park at your own discretion and the car park owner takes no responsibility for any loss or damage. I have always presumed , possibly incorrectly, that this applies to damage caused by another customer. To try to pass the buck when it is their own sign seems beyond belief and they must have insurance in place to cover this type of thing.
     
  5. Just because they put a sign up it doesn't free them from all liability such as this poorly secured sign. I'm not sure about this though...
     
  6. I'm sure there is a sign in the car park saying "vehicles are parked here at the owner's risk, xxxxx is not liable for any damage or theft of/from vehicles." or other such weasel words. they may be trying to fall back on that, however they are responsible for ensurign their property and facilities are maintained in a safe manner. their public liability insurance should cover them, and should be posted on a public noticeboard in the dealership. take down the details and contact the insurers directly with the claim.

    If they still try to shirk, it may be worth starting a claim through the civil courts (you might need to get statements, video and photographic evidence to help). usually the day or so before the court date a settlement will be put forward.

    just my thoughts/opinions.

    Pete
     
  7. As EFC says, even if he is a toffee. :p However I would also drop a line to the local council H&S officer as the sign was incorrectly installed/maintained and copy in the dealership.

    Up the Reds!
     
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  8. Wasn't there an accident recently whereby something on the roof of a business, fell and killed someone. The business were asked for history of work and the firm couldn't prove they had maintained it.
     
  9. might also be worth contacting the local council either the planning dept or enviromental health to see what advice they can offer?
     
  10. I should have added that if the OP was in a designated proper parking space for customers their lack of legs is even less - and actually if it was parked on the highway (legally) they definitely wouldn't have any legs.

    If the OP parked where a notice stated 'no parking', I still think they are responsible - the sign that hit the car, I presume is a trading sign to advertise their establishment and their franchise / business and possibly their products (IE, Bullsh*t H*nda Limited) - if it was insecure / improperly fixed, they are responsible.
     
  11. The planning regime for larger, professional adverts, signs for businesses and so on is complex though all outdoor advertisements must comply with five 'standard conditions'.

    They must:

    • be kept clean and tidy;
    • be kept in a safe condition;
    • have the permission of the owner of the site on which they are displayed (this includes the Highway Authority if the sign is to be placed on highway land);
    • not obscure, or hinder the interpretation of, official road, rail, waterway or aircraft signs, or otherwise make hazardous the use of these types of transport;
    • be removed carefully where so required by the planning authority.
     
  12. Sounds like they are trying to use the 'act of god' rule.
     
  13. Tell the dealer you will check with the Health & Safety Executive regarding a dangerous occurrence - it might gee them up a bit...
     
  14. Don't let it lie. They haven't got a leg to stand on.
     
  15. Accidentally drop a pick axe on one of their cars, when they moan - punch em.... accidentally (punch smiley) just a thought :innocent:
     
  16. Start talking about car hire, taxi fares, solicitors fees, compensation for time off work. They'll come round.
     
  17. Spoke to the dealer principal today and explained to him about the situation I am in. He was upset that the group owners will not rectify the problem. He is going to explain that I am a reoccurring customer and should be looked after!!!
     
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  18. Good to hear but shouldn't come down to you being a repeat customer or not. Could have been anyone parked there and they would still be liable.
     
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