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

[MrShed]

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

 

Absolutely 100% agree. But that doesnt mean that they have any responsibility to, or indeed SHOULD, pay for any of the damage.

[green_and_mean]

I trust the posts are not made by Sainsbury maybe you would be better off suing the manufacturer as the posts are clearly not suitable for their purpose?!

[Mossycat]

OK, this thread would have been better asked in the insurance forum but since it's here I'll answer it with my motor claims handler head on.

 

You the driver, whilst in charge of a motor vehicle reversed it into a stationary object, you failed in your responsibility and duty as a driver to ensure that it was safe to reverse. As someone else has pointed out 'What if it had been a small child, ie one the same height as the post', would you be writing to the mother of the child holding her responsible for your inability to see what was there? If a driver of car is in any doubt that it is unsafe to reverse they should get out and check.

 

Sainsbury's have no liability here, their offer of vouchers is purely and simply a goodwill gesture and under the circumstances is more than generous and more than most other Companies would do.

 

There is a phrase used quite often in insurance, 'You are the author of your own misfortune' which in this case is most apt.

 

I'm sorry if you feel this post is not constructive because it's not sympathetic to your position or it's not what you wanted to hear, but you asked for advice and that's what you have got.

 

If I was the claims handler dealing with this I'd refute it and tell you to drive more carefully in future

 

You asked in your earlier thread what your rights were, you have the right to write to them and attempt a claim, they have the right to deny liability, ultimately you have the right to take them to Court if they do not accept liability and the Court has the right to decide on liability. Courts usually apply common sense, and as many others have pointed out (even those who don't work in claims handling), you hit a stationary object that was there for all to see, it was there before you got in your car, it never moved and you drove into it, for that reason you are highly unlikely to win.

 

As an aside Sainsburys have the right to attempt to recover from you the cost of any repairs needed as a result of your negligence (which they probably won't do, unless it does go to Court in which case it will form the basis of their counter-claim and I think that you would end up paying them).

 

My advice (based on 20 years claims handling) is

 

1) Accept the vouchers

 

2) Pay more attention when you are in charge of a car

 

3) Be thankful it wasn't a small child you hit

 

Mossy

Edited September 21, 2008 by Mossycat

[Pinkjen]

Thanks for the advice.I am happy to hear good honest advice and appreciate that. I am open to all opinions.

 

My feeling is, whatever your view on the situation there is never a need to be sarcastic or rude and I feel that some people in this thread have done that needlessly. It begs the question, have they nothing better to do on a Sunday evening?

[MrShed]

Just in case you mean my posts PJ, apologies for any offence not intended(if it was me ).

[Mossycat]

Pinkjen

 

Are you now going to write a thread asking what your rights are when you post two replies that are almost identical, was the 'Edit' button not visible in your mirrors either?

 

Mossy

[Pinkjen]

Oh my God!!!!! - I cannot believe how rude and personal this has become!

 

Whoever mentioned children? -I hit a post!

 

I am a safe driver and ths is the first accident I have ever had.

 

I know how to drive and do not need to be patronised or told to 'be careful'.

 

Everyone has misfortunes while driving and I don't think I should be subjected to a personal attack because I hit a post that ws positioned badly in a supermarket car park!!!!!!!

[Pinkjen]

Mossy I hope a small child hits you hard on the head with a wet kipper

[MrShed]

PJ - you are being a little over sensitive. There has been no personal attack, or even patronisation.

 

I mentioned children as an analogy(which has now potentially been taken out of context).

[Mossycat]

Oh my God!!!!! - I cannot believe how rude and personal this has become!

 

Whoever mentioned children? -I hit a post!

 

I am a safe driver and ths is the first accident I have ever had.

 

I know how to drive and do not need to be patronised or told to 'be careful'.

 

Everyone has misfortunes while driving and I don't think I should be subjected to a personal attack because I hit a post that ws positioned badly in a supermarket car park!!!!!!!

 

Nobody ever suggested you hit a child, it was a simply valid comparison to ask.

 

A safe driver does not, by definition, reverse into a stationary object that was there for all to see and even fixed in place

 

Yes everyone has misfortunes whilst driving but very few seek to blame others when it is so clearly their own fault.

 

Mossy

[Mossycat]

I know how to drive and do not need to be patronised or told to 'be careful'.

 

 

No Pinkjen, you know how to drive into a stationary object would be a more accurate summation of your driving skills.

 

Clearly anyone who does drive into stationary objects does need to be told to exercise more care

 

Mossy

[Mossycat]

Whoever mentioned children? -I hit a post!

 

 

The last 4 words just about sum it all up and should make clear why you are responsible

 

'I hit a post'

 

The post did not hit you, the post did not move, the post was fixed in position and 'you hit it'

 

End of

 

Mossy

[Mossycat]

Mossy I hope a small child hits you hard on the head with a wet kipper

 

You mean one small enough that wouldn't be visible in my mirror then, so I wouldn't see them approaching me

 

Mossy

[Mossycat]

EDIT QUOTE REMOVED

 

PJ you asked for advice and you got it.

 

Since you now raise further points on a public forum I will address them

 

Yes life is dull and boring as a claims handler but every now and then we get a laugh, usually at someone who does something stupid and then immediately tries to blame anyone other than themselves, we keep a file and at Christmas we have a party and whoever contributes the most stupid claim wins the prize. I think I have a good shot at that this year so thank you.

 

Yes I am single, a widower in fact, my late partner was not very tall and got hit by a car reversing in a supermarket car park whilst she was stood perfectly still.

 

Mossy

Edited September 21, 2008 by pt2537
quote removed

[pt2537]

Okay people, i have just removed some posts from this thread as they breached the site rules

 

I ask that we all keep it civil and do not use insulting or offensive comments which are likely to inflame the situation

 

if i come across any more offensive posts i will remove them and if the problem persists then users may find their accounts on temporary moderation

[green_and_mean]

On a lighter note..... I once witnessed a family come out of a Halfords superstore. They had all bought brand new shiney bikes which they promptly secured to their nice new roof rack and looked very happy with the entire situation and headed off home. Nothing funny about that unless of course you then saw their faces when the car park height restriction tore the bikes and rack off the car leaving a very red faced family to shove the crumpled remains in the back of the car. (I know I have a strange sense of humour but it made me laugh)

[huggys boss]

OK for what it's worth, my opinion is thus:

 

Firstly, YOU reversed into the post. In my experience, the trolley bays usually give enough clearence for a driver to reverse out of a bay safely.

 

Secondly, the store did offer you a form of compensation, which they really didn't have to do as YOU hit the post.

 

Thirdly, if you did £1000 worth of damage to your car, you must have hit it VERY hard and fast.

 

And finaly, what car do your drive? Is it a big 4x4? The anology regarding a small child, nobody suggested that you had hit a child, the thinking is that if you didn't see a post, then in a different situation, you may not have seen a small child.

 

Please don't take things so personally, we are all really nice on here and like to help each other out. The negativity you got was from people who know from experience that your claim would probably be a complete and utter waste of time, and they were just trying to steer you in the right direction.

[IIIUMINATI]

Do not forget to inform your insurance company about this incident as

it may have an effect on you renewal premium.

[crem]

Do not forget to inform your insurance company about this incident as

it may have an effect on you renewal premium.

 

If she makes a claim through her insurance company they wil already know. If she decides to fix it and pay herself who in their right mind would ring their insurance co. so they can put up next years premium for something they didn't even pay for?!

[Chesterexpress]

If she decides to fix it and pay herself who in their right mind would ring their insurance co. so they can put up next years premium for something they didn't even pay for?!

 

 

Even if they don't claim on their insurance policy, they still have a legal obligation to inform them.

[crem]

Even if they don't claim on their insurance policy, they still have a legal obligation to inform them.

 

and you really think everyone who has a minor bump does?

 

What do you think the insurance company is likely to do if you tell them you have had a bump that you have paid to fix? "oh thanks very much, we'll reduce your premium next year for being so good as to tell us" More likely to bump your insurance up 200 quid even when you didn't ask them to fork anything out for it!

[Mossycat]

If she makes a claim through her insurance company they wil already know. If she decides to fix it and pay herself who in their right mind would ring their insurance co. so they can put up next years premium for something they didn't even pay for?!

 

It is a condition of ALL motor policies that you inform them of any accident you were involved in, regardless of whether or not a claim is made against you.

 

Failure to do so is a breach of your policy terms and conditions and may result in the insurers refusing to indemnify you.

 

It's not just a matter of putting up someones premiums, suppose at some future date the other party realises that they have suffered a loss or incurred damage (I'm not just specifically talking about this incident here, I'm more trying to explain why this is the case) and they write to the responsible party, if they haven't informed their insurers then the insurer may well refuse to deal with it leaving the policyholder with a potentially huge bill that would otherwise have been settles by them. Since the other party has a number of years in which they can make a claim for damage then it is important that the current insurers (in this case the motor insurers of the person who reversed into the bollard) are aware of it.

 

Mossy

 

PS - Crem the discount is a no claims discount, which means if no claim is made then the discount will be allowed so the insurance premium will not rise, however you must appreciate that since the other party has potentially suffered a loss/damage and has quite a while in which they could make a claim then insurers may make a provision for this potential claim and raise the premium, but that is payable back if the other party never actually makes a claim

[MrShed]

and you really think everyone who has a minor bump does?

 

What do you think the insurance company is likely to do if you tell them you have had a bump that you have paid to fix? "oh thanks very much, we'll reduce your premium next year for being so good as to tell us" More likely to bump your insurance up 200 quid even when you didn't ask them to fork anything out for it!

 

You are right, but realistically it IS a breach of your conditions. If found out, the insurance will be voided probably.

[Mossycat]

and you really think everyone who has a minor bump does?

 

 

Everybody SHOULD since failure to do so is a breach of the terms and conditions and could leave you with a really big bill to sort out at some future date if you don't

 

Mossy

[crem]

I'm not debating the should's /should nots, I'm merely stating it is nieve to believe everyone who has a bump speaks to their insurance company.

 

There are many occasions when people might do some damage to their own car that doesn't necessarily involve a 3rd party and they simply slap themselves for been stupid and get it fixed so as not to put an insurance claim in.

 

Obviously when a 3rd party is involved there is a greater risk of it coming back as an issue at a later date.

 

Take for example someone backing out of their own drive and accidently catching the entrance gate. It bends the gate, dislodges the pillar brickwork and needs a new wing on the car. All their own property etc and which they have to pay the entire repair bills. If they choose to pay out of their own pocket for all this, how many here would then add further pain to this incident and ring the insurance company if they didn't intend submitting an insurance claim only to be faced with higher premiums for the next 3 years over this?