VIC Shopping Centre Parking Bay Causes Vehicle Damage?

Discussion in 'Insurance Law Forum' started by Oscar_nanda, 11 March 2019.

  1. Oscar_nanda

    Oscar_nanda Member

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    Yesterday evening I visited a large shopping centre in Melbournes Northern suburbs. The clearance height on the carpark I entered is stated to be 2.2m. My vehicle has a height of 1.97 so I knew I would fit. After driving around searching for a bay for a while I proceeded up to the second level.

    This particular carpark has occupied sensors above the bays with either green or red lights to show what’s available. The sensors are attached to steel rods. On one small section of the carpark, the roof is a bit lower so the sensors have been attached to steel rods that hang in place.

    On entry to a free bay, it seems that the angle at which the steel rod was hanging has slotted directly underneath the front crossbar roof rack on my vehicle and left a large deep scrape across the roof.

    I had to stop the car, get out and reverse to free it. After looking around it seems there are other bays with the same issue, but as my car is a little higher, I got caught. The sensor on my bay was not working, (possibly due to being damaged by someone else) otherwise I would’ve seen the light and the rod.

    My question is, who is liable for the damages? I feel the centre has not properly maintained their beacon system otherwise this wouldn’t have happened.

    I have not yet had a quote for the damage to my car. Thank you.
     
  2. Zerojay

    Zerojay Well-Known Member

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    Not really my area of experience but I feel the car park owners should pay for your damage. They have a responsibility to provide safe premises for visitors and take all reasonable precautions to prevent injury or damage to property. In particular the warning sign is clearly wrong and misleading. As a result there is a hidden hazard and there can be no argument that you have acted recklessly or without reasonable care in the circumstances.

    I do not give legal advice just my opinion based on working for an insurance company for over 20 years.
     
  3. Oscar_nanda

    Oscar_nanda Member

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    Thanks so much for your response. What would my next steps be? I’ve written a letter, taken photos and obtained a quote. I’ll send it to them in the next few days and see what happens... thanks again
     
  4. Zerojay

    Zerojay Well-Known Member

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    If you are comprehensively insured, lodge a claim with your insurer and let them fix your car and handle the recovery of costs. Otherwise, if the response to your letter is not satisfactory, seek proper legal assistance.
     
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