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Tina D | Car damage? |
I work for a bread factory. I parked my car parked in the staff car park. There was a flour accident and it went all over my car.
I got my car washed, however it has stained my bodywork. How do I stand if I ask the company to pay to get this sorted.
My Manager has advised me at I parked the car at my own risk, but there are no signs stating that. |
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mbrcatz
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FLOUR stained your bodywork? What the heck do they put in that bread? I want to know what brands, so I don't buy it . . .
Well, the truth is, you park at your own risk in parking lots most of the time - and if a car hits you, or a bird poos on your windshield, it's YOUR problem. Bu t when there's a sudden & accidental problem like paint getting dropped, it's the person who dropped the paint.
So their GL policy should pay for damage to all the vehicles damaged by their "flour". The PROBLEM is, if there wasn't any other staining to the cars in the other parking lot, and it WAS only flour, then the staining is more likely caused by the car wash than the flour. Flour doesn't normally stain, ya know? So it will be up to YOU to get a buncha people who DID have staining, then put the claim in to YOUR insurance company, and THEY'LL go after the cause of the damage - ie, the employer's GL policy, and THEN they'll pay out.
Sometimes you have to kick 'em a bit. That's what YOUR insurance company will do. |
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BigBoy
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If you are in the UK....THIS IS FACT - regardless of whether there were signs, something in your contract or even if someone said blankly to you that you park your car at your own risk, if the company has damaged your car as a result of negligence (a flour spill would be seen as negligence in a court of law unless the company can prove that it is done regularly and for a reason) then you are able to claim any losses against them.
Write to the HR department stating what happened and that the costs should be met by the company and you would prefer not to have to go to court about it. Say that you feel the company has been negligent in its concern for the property of its employees and that if you can not come to an agreeable solution, that you will be asking a solicitor to contact the company. It may also be worth mentioning that a flour spill could have proved a Health and Safety issue should you have been near you car at the time and that the company has a legal duty to maintain a safe environment for its employees.
The company does not have a leg to stand on. Its the same as you parking somewhere with a sign saying NO PARKING CLAMPING IN OPERATION. Your car may be clamped but if it is damaged by the clamping company you are well within your rights to sue them for losses incurred as they were negligent in taking care of your property.
Contracts mean absolutely nothing if you can show someone was negligent in their actions and this is a negligent action without doubt.
Make sure you make copies of any letters and also state int he letter you want a reply withing 5 working days. Keep all paperwork, photographs and maybe worth getting a quote from a dealer for correcting the damage. |
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Euphojim
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If you parked in a designated parking space then you have a legitimate claim against the company. They owe you and your property (ie the car) a duty of care, that duty has been broken and damage has resulted. |
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Shaz
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As far as i know if there are no signs stating park your car at your own risk, they have a liability to you and should sort your car out. |
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BUDDXX
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Crap your covered by there company insurance get them to pay up also put a sign up saying do not not park here might cause damage to your car for future reference it case it happens again |
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churchls0904
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I would check with Citazens advice but I think they wouldneed to fix your car |
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Mrs.Doyle
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Go and see someone in HR dept.
Managers are not necesarily in the know... I'm sure you're not the only one.
How unfortunate.
Anyone for pancakes!? |
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kgjukes
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Yeah..There should be a warning sign....Beware flour based accidents can stain your cars bodywork...Was the accident caused by a malfunction of equipment or did someone spill flour on your car...if its cos of the equipment you have a case!!
I know this for definate...I saw the exact same thing on Inspector Morse once!! |
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Originalbakerboy
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Thats rubbish, its covered under your companies Employers Liability insurance. Your car has been damaged as a result of their negligence. They should repair it or you can sue them. Your boss is a moron. Give me his/her phone number and I'll sort them out for you x |
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Stephen H
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If there are no signs, is there anything in your employment contract stating you park your car at your own risk? If so, you're kinda stuck, if not, you have a case for the company to pay for repairs I'm sure. |
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