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redcatchris

Joined:

Oct 10

Posts: 10

redcatchris says:

Damage liability in car park

I was parked legally in a hotel car park during a conference yesterday when the side stand of my bike sunk into a repaired section of tarmac which had gone soft due to the heat. It hit the car next to it, causing £500+ of damage to the car in addition to damaging my fairing and snapping my mirror.

My questions:

1. Who is liable for the damage to the car? Is it definitely me? In which case, am I best just to pay up? I am insured TPFT.

2. Who is liable for the damage to my bike? I suspect the answer could be nobody, but do I have any claim against the hotel?

3. The hotel has a typical 'no liability for loss or damage' sign. Is this valid?

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  • Posted 2 years ago (16 July 2013 12:23)

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AdieR

Joined:

Apr 08

Posts: 3042

AdieR says:

As far as I can make out:

1 - your bike hit the car, thus you would be liable for it. Whether you want it to go through insurance, or whether you want to settle directly (assuming you can afford it) is your decision.

2 - As far as I can see, nobody is liable for the damage to your bike, and I would hazard a guess that any claim against the hotel would fail (the heat is a nationwide phenomenon, and not just isolated to the hotel grounds), unless you could prove the repaired section was sub-standard.

3 - the sign will be a "contractual" thing rather than legal (to hold the hotel harmless in these events), and probably demanded by the hotel's liability insurers. (Look at it another way - if a couple of scrotes were to break into a car in the hotel's car park, is it really fair for the hotel or it's insurers to pick up the tab for them?).

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bbstrikesagain

Joined:

Nov 08

Posts: 880

If the repair was substandard..

..won't the hotel be liable for 1. and 2. irrespective of 3?


Did the rest of the parking surface soften, or just the repaired bit?  Did you take photos of the hole that swallowed the side-stand?

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redcatchris

Joined:

Oct 10

Posts: 10

redcatchris says:

Interesting

Just the repaired section sunk: https://docs.google.com/file/d/0B4teoobbub7BMXBDQk1CWGxrVXM/edit?usp=sharing


Other bikes parked (including my colleague's brand new Guzzi) were unaffected

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bbstrikesagain

Joined:

Nov 08

Posts: 880

Nice hole..

Personally I don't think you should be out of pocket, that's what the hotel's public liability insurance is for.  Do you have legal cover as well as TPFT, would they help recover your losses too?


Time for a professional legal eagle to comment please..

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redcatchris

Joined:

Oct 10

Posts: 10

redcatchris says:

I agree!

Don't think I have legal cover. Not sure whether to inform my insurance company or just stump up. I'd love a legal eagle to give their opinion :unsure:

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bbstrikesagain

Joined:

Nov 08

Posts: 880

Bump!

Real expert care to comment?

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