I damaged my car in Sainsburys car park - Help! - I need some advice please!

[Pinkjen]

Hi Guys,

 

I wonder if you can give me some good advice?

 

I parked in sainsburys carpark on Easter Sunday ( of all days!) and when I reversed out of the bay I managed to hit a small metal post ( which was part of a trolley bay) The problem is, it was not visible out of any of my mirrors as it was so small - I have never hit anything before and I will always look in many directions so I do not feel that I am entirely at fault.

 

First of all, the post was put at an angle where it is very difficult to miss it but also it looked like it had been hit several times before judging by the paint all over it!

 

I have written to Sainsburys three times and at first they refused to acknowledge their part of the blame, then when I was going to seek legal help they offered to look at a repair quotation, however their final response has been to give me some gift vouchers which I think is inadequate given that the damage to my car will cost over £1000.

Does anyone know what my rights are?

 

Thank you in advance for your help.

 

Jenny

[lamma]

as you drove into the post I can't see how Sainsbury's can be liable for anything. especially as you drove in okay.

[angela-27]

i am sorry but this is ridiculous. this is like if for example i parked outside a friend's house and drove into her gate and tried to get her to pay for repairs to my car.

 

personally i think sainsbury's was very generous in giving you gift vouchers. you should buy some of those lovely cream buns. but be more careful about where you park next time.

[Pinkjen]

Angela, I am not quite sure you get the point!

 

The Post was positioned in such a way that it was an obstruction which is totally not acceptable in a public/ customer car park.

 

It was a fault in the construction of the car park as you could not see it when reversing out of any of the car's mirrors and it was positioned so it was very easy to hit - slightly different from hitting a friend's gate!

 

I also didn't hit it on the way in as it was in a different spot to the space I was in!!! - it was behind...( hence that I hit it while reversing)

 

If you aren't going to give constructive advice and just be rude then I would prefer you not to comment. ( and I don't eat cream buns!)

[Michael Browne]

Perhaps you could post pictures of it, far better than trying to describe it.

[Pinkjen]

Good idea - how I do that?

Sorry - I am new to the forum soamjust learning how to navigate around!

THANK YOU!

[Michael Browne]

Scan them into your computer and open them in Paint or similar program. Edit out the personal information and save them

 

Open an a/c on Photobucket, (here: Image hosting, free photo sharing & video sharing at Photobucket ), download the file of your scan from your computer onto Photobucket and then post the link from Photobucket in your thread here.

 

See how to in section 1.16 (Attach Documents) here:

How Do I....? A Dummies Guide to the Forum

[yourbank]

How hard did you hit the post? How fast were you reversing? How come there was so much damage to the car? This may seem an obvious question, how come you didn't hit it on the way into the bay?

[lamma]

you didn't hit the post on the way in - so it was not 'an obstacle'. So you seem to also have failed to observe properly before reversing. The post did not hit you.

[Pinkjen]

I am just working on posting the photos so that everyone can have a better idea of the situation! Thanks!

[MrShed]

Personally I dont think we need to - you hit a stationary object, you are liable. Period.

[pompeyfaith]

I'm sure you will find a disclaimer notice in the car park too most if not all supermarkets have them so it will be very hard indeed to get compensation.

 

They usually say "you park here entirely at your own risk"

[GuidoT]

Pinkjen, please can you stick to one thread per question, I have unapproved the other one you started.

 

Additionally, try not to post the same think twice in one thread, I have unapproved two of these in this thread.

 

I realise you are new, so it is no problem.

[green_and_mean]

I'm sure you will find a disclaimer notice in the car park too most if not all supermarkets have them so it will be very hard indeed to get compensation.

 

They usually say "you park here entirely at your own risk"

 

Such signs are meaningless, if a wall fell on the car a sign would not remove the store of liability.

[crem]

I understand where you are coming from Pinkjen as I had a similar accident many years ago in a McD's carpark which contained very low pillars as well that couldn't be seen when driving or in the mirrors. I didn't pursue it with them at the time as my initial thoughts were they would view it as my fault.

 

In hindsight I wish I had as within year they had all been removed, by which time they had every possible colour of car manufacturers paint on them due to the number of times they had been hit!

 

Not sure where the law stands on this, but there should be some responsibility on the shop to ensure such obstructions are visible from the driver's seat when such posts are installed in car parks.

[MrShed]

Whilst I see what you are saying crem, that is like saying that children should be taller to make sure they can be seen by a driver.

 

A driver needs to ensure they are aware of ALL obstructions/hazards around them, regardless of the size or location. This is the drivers responsibility.

[crem]

A driver needs to ensure they are aware of ALL obstructions/hazards around them, regardless of the size or location. This is the drivers responsibility.

 

So why do you think McD's subsequently took them out?

[Pinkjen]

Just to clarify the situation for Iamma - I didn't hit the post on the way in as I drove in from another position! - the car park was clear as it was Easter Sunday -there was no way I could have hit it on the way in as I came from a different direction.

[MrShed]

So why do you think McD's subsequently took them out?

 

Why? To remove them from causing a problem. That doesnt mean they are liable.

[lamma]

maybe they were fed up with dealing with drivers who drove into the posts and thought it was the post's fault.

[MrShed]

maybe they were fed up with dealing with drivers who drove into the posts and thought it was the post's fault.

 

lol!

[Pinkjen]

Again, as per my earlier remark, if you have nothing constructive to say then I would leave the thread Iamma - Thanks everyone else for the advice.

[crem]

Why? To remove them from causing a problem. That doesnt mean they are liable.

 

I agree in principle MrShed, but it does imply they acknowledged the posts were a "problem" that they could solve even without accepting liability.

[yourbank]

Where's the pictures?

[angela-27]

maybe they were fed up with dealing with drivers who drove into the posts and thought it was the post's fault.

 

hahaha this made me laugh!!!!!

 

yes next time i drive over a crisp packet i will get out of my car and shout at the crisp packet for not being visible in my mirrors.