Had a cry last night......

[darrinspencer]

Yesterday avro came back to my car which was parked in a secure underground Kings carpark in the city to find the fibreglass rear bar on the back of my car crushed!

I was just a little pissed off. No note left on the car

So I drove quietly the 2 levels (actually drifted) out of the carpark to talk to the staff.

I asked "do you guys have insurance for any damaged caused by other cars"

Ahh sir your car was reverse into by the new young guy, he has only been here 3 days. (yesterday happened to be the 13th!)

no sorry or any thing

I filled out their staff report and have to wait to see what happens

repair cost will be approx $1000 new rear bar and painting and fitting.

[VL-TRBO-RB20]

hmmm thats not cool... hope that it all works out ok for u!

[MANWHORE]

"Ahh sir your car was reverse into by the new young guy, he has only been here 3 days."

That's just bloody stupid. He may have only been working there for 3 days, but what? he's never driven in a carpark before...bloody spastics.

You're lucky mate. If it was just any random person who had just driven off, you get nothing. Also, carparks usually have exclusion clauses limiting their liability for any damages arises INCLUDING negligence.

[R33Steve]

I had one of my wheels (front left) scraped by a carpark attendant a couple of months ago. they said that they are not liable

sorry to hear it mate

[jaqule]

"Ah sir your car lost control doing 145 k/ph sideways and reversed into the curb by our 17 year old Bogan, under paid, thrash metal listening kid. And no we are not sorry"

said the voice in his head***

[geno8r]

Yeh sh#t happens, atleast u wont have to pay for it. *hey somebody should make a shirt which says SHIT HAPPENS lol :bonk:*

[GOR33]

hey if you take ya car to get new tyres put on and they crack the front bar cuase its too low, but you told them that might happen , whos fault is it?

[strutto]

Tuff break Darrin... Hope it gets sorted mate...

[geno8r]

hey if you take ya car to get new tyres put on and they crack the front  bar cuase its too low, but you told them that might happen , whos fault is it?

That happened to me! hahah Well kinda.... My mechanic cracked my front bar coz he didnt think it was that low but it was my stock front bar & he looks after me so i said dont worry about it. He offered to fix it but i said nar its ok I'm getting a new front bar put on soon anyways, he services my car for piss all money, treat people the way you like to be treated.

I spose i only reacted like that because he's the local guy just round the corner with a small private business, if i had my car in somewhere which was a big business where its just straight business & no talking / chatting with the customer I'd get'em to fix it.

[NismoGirl]

OH darrin. That sucks. Even if the company doesn't cover the bill, the other attendants obviously saw it happen and if he's an employee, they will have all his details. Ask for his name and his rego and car make/model (I'm gathering they would have to have some record of his rego for parking purposes and fees/fines for the place).

Can you obtain peoples licence number from Transport in this type of circumstance? I was lucky when the magna ran into me, I wasn't going to let him go anywhere until I have every single detail, which was lucky cause when I sent him the quote, he replied telling me I was half at fault and therefor I should absorb half the cost. I didn't reply to him, I just phoned my insurance company and they dealt with him. That was in May/June/July last year and I haven't heard anything so I gather he coughed up to the insurance company (probably twice as much as it would have cost for the simple quote I got). I didn't have to pay to claim cause I had ALL his details, registration, car make/model, licence, name.. when he last went to the toilet. I couldn't be bothered arguing with a moron, so I just sent it to my insurance company.

I hope you can get his details and have him pay for it. That's why I don't like leaving my car anywhere like carparks, cause of ignorant people like that guy. Honesty gets you a long way.

[Slide]

Isnt that classed as a hit and run

try and get the idiot charged, thats just iirresposible

[Keegs]

hey if you take ya car to get new tyres put on and they crack the front  bar cuase its too low, but you told them that might happen , whos fault is it?

yours if thats all you said. If youve acknowledged the fact that the car is too low and it may have a problem then you know the potential problem. However if you said my front bar is low, if it cant get on the hoist dont do it, then they crack it there in trouble. Despite this almost all mechanics, tyre places, etc etc have signs reading things like. All cars are driven and kept here at the owners risk..sucks but if there concerned about customers they usually do the right thing!!

[geno8r]

yours if thats all you said. If youve acknowledged the fact that the car is too low and it may have a problem then you know the potential problem.

I'd disagree that its your fault if thats what was said.

Although you have acknowledged the potential problem that does not mean you have given permission to do possible damage.

Like seriously, who wants their car damaged... The point on the sentence is informative to make sure extra care will be taken so the front bar is not cracked.

[dangerous_daveo]

If it happened on the road its the attendants fault. If it was another driver its their fault. I dont see how if its an employee that its any different. In fact Id say its worse, as they should know what they are doing more so.

Also little notes, even things you sign dont really mean bugger all if you can show that they were negliegnet (sp?)

[NismoGirl]

Make sure you document everything that's happened as well.

[GOR33]

i said its pretty low mate you sure it will get on the hoist fine, and he said yeh mate it should be fine.

so i just left thinking oh well i warned him. but then i got home and noticed the cracks on the bottom and the side of the bar hanging off at the wheel arch.

the suss thing was that they put a tyre in the boot for me, and on the lid there greasy hand marks, plus when i looked at the front bar, there were hand marks on the front aswell, almost like they knew they had cracked it as they lent against the front of the car and inspected the damage

hahahaha, oh well, i suppose its my fualt for not sitting there and teaching them how to drive a car onto a hoist properly. they could have easily used planks to drive up onto the hoist, ive seen it done b4, just some people are lazy:)

[Keegs]

I'd disagree that its your fault if thats what was said.

Although you have acknowledged the potential problem that does not mean you have given permission to do possible damage.

Like seriously, who wants their car damaged... The point on the sentence is informative to make sure extra care will be taken so the front bar is not cracked.

yea but you have to specifically say, "do not attempt to put my car on the hoist, if it will crack the bar. " Stupid but you have to effectively and legally "shift" the blame. As I said though, almost any workshop will have a disclaimer stating they are not liable for any damage caused to your car during the course of work being done. Sucks eh. Thats bad luck Rodney, i have the same problem, people are determined to get the car on the hoist no matter how low it is. When o when will they learn.

[dangerous_daveo]

yea but you have to specifically say, "do not attempt to put my car on the hoist, if it will crack the bar. " Stupid but you have to effectively and legally "shift" the blame. As I said though, almost any workshop will have a disclaimer stating they are not liable for any damage caused to your car during the course of work being done. Sucks eh. Thats bad luck Rodney, i have the same problem, people are determined to get the car on the hoist no matter how low it is. When o when will they learn.

And as I've mentioned, silly little signs mean bugger all, even in many instances so do signed documents. If you can prove neglegence, then your within your rights to ask for some compensation.

[Keegs]

And as I've mentioned, silly little signs mean bugger all, even in many instances so do signed documents.  If you can prove neglegence, then your within your rights to ask for some compensation.

pretty hard to prove negligence in this sort of a case seen as though youd have to prove, they knew it would crack the bar and still went ahead with it, against the wishes of the owner. And i gaurentee you that those signs do mean something, they will hold up in court and so do signed documents. Its the same as a plane ticket.....if you read your plane ticket there is a clause that states the airline can move or postpone your ticket if neccessary. You can winge, moan and even sue, but in the end if its written there and you agree to it there isnt much you can do about it. That has been proven. Im not saying I agree with it im just sayin thats the law and until someone can prove it wrong thats the way it is. IF you can prove negligence and you can prove that they breached their duty of care to you/your car then your sweet. As it was mentioned way before im sure none of this would be necessary as most places will simply help you out as they are covered for it under insurance or they dont wish to get a bad name.

my 2c, maybe im wrong but hey im not a lawyer, yet