What if your car was damaged by another employee in a company car park but security did not have adequate CCTV on location resulting in no way of finding the culprit. Is the company then liable for the damage for not having adequate CCTV on location (this has occurred multiple times in this carpark so security are aware of the issue)
Julian your statement "The company is also at risk, should these kids have an accident or injure themselves by getting hit by a car or through their own vandalism the owners could be liable as they know about the problems and failing to act"
it has been brought to my attention that we have children wandering about are carpark is there something we can do to prevent the possibility of one getting run over at present we cannot errect gates as visitors are in and out al day and it is a shared car park, signage is no use all other safety matters are addressed ie lighting and segregation of pedestrians etc its kids as young as 2 and three that drivers may not see until its to late
any help would be gratefully recieved
Does liability change if the company goes from a first come first parked system to a parking permit system?
Does this effect the insurance required?
Does this give any tax liabilities?
I would say almost definitely. Given that a windscreen (?) could easily cost £500 with fancy curved shapes and heating elements, you should send the school an invoice, then a 14 day final demand letter, then a county court claim.
Thats the theory anyway. As you are an employee there, you might want to go softly softly. Be aware of course that its likely to be the games teacher who is put on a disciplinary here.
My car was parked in the car park provided by my employer (a school) and was then damaged by a cricket ball being used as part of a school cricket match. Does the school have any liability for the damage caused?
Christina, Who told you that?
The Police don't always know the actual law, that would be impossible as there is so much; An example, a friend of mine wouldn't answer the door to a bailiff who was trying to gain entry to her flat.
She knew the law, as she had recently passed A levels in law, and her papers dealt with this type of incident.
The bailiff was looking for the previous resident and not her, but called the Police who told her that Bailiffs have a right of automatic entry, she had to call her tutor (who had a doctorate in law) to attempt to explain this to everyone.
The point is don't expect your Employers to hold their hands up, this could cost them in higher insurance rates, nor the Police, as they cannot know all law.
IMO, I would seek legal advice before continuing with this matter, even CAB would be able to help.
And a phone call to your insurers may help too.
I simply cannot see that (presumably) wilful damage done to your property should in any way leave you out of pocket, and (presumably again) as you were not driving the car, it is merely property in the eyes of the law
If its company property the RIDDOR will apply and you should investigate the matter to see what caused the slip or trip to prevent a further occurance.
Hi, bit of a different angle…what if an employee parks their personal car in their staff car park on a Monday morning and as they are getting out of the car, slip and injure their leg resulting in them returning home and taking the rest of the week off sick. Is this an injury at work and thus reportable?
Hi,
I work in a residential childrens home, recently one of the children who I look after caused £1300 worth of damage to my car. I did report it to the police (incidentally the principal moaned as I didn't consult him before I phoned the police, as per company policy, however as it was my personal property I didn't think I needed to)!
I have been told that I will have to claim on my own insurance, which means paying £100 excess, then obviously my premium will go up as well. Although this is a common occurrence on other sites in the company, no site in our group has a secure car park for staff to park their cars in. Could somebody please advise me if the company should be paying for the damage to my car?
Thanks
Tina
Thanks for the advice. As i said they have already offered a ex gratia payment but this is a laughable figure. So small claims would not be the answer?
Member - 1 post
What if your car was damaged by another employee in a company car park but security did not have adequate CCTV on location resulting in no way of finding the culprit. Is the company then liable for the damage for not having adequate CCTV on location (this has occurred multiple times in this carpark so security are aware of the issue)
Member - 1 post
Julian your statement "The company is also at risk, should these kids have an accident or injure themselves by getting hit by a car or through their own vandalism the owners could be liable as they know about the problems and failing to act"
it has been brought to my attention that we have children wandering about are carpark is there something we can do to prevent the possibility of one getting run over at present we cannot errect gates as visitors are in and out al day and it is a shared car park, signage is no use all other safety matters are addressed ie lighting and segregation of pedestrians etc its kids as young as 2 and three that drivers may not see until its to late
any help would be gratefully recieved
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Hello
Is it still the company,s carpark.
Barry
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Does liability change if the company goes from a first come first parked system to a parking permit system?
Does this effect the insurance required?
Does this give any tax liabilities?
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I would say almost definitely. Given that a windscreen (?) could easily cost £500 with fancy curved shapes and heating elements, you should send the school an invoice, then a 14 day final demand letter, then a county court claim.
Thats the theory anyway. As you are an employee there, you might want to go softly softly. Be aware of course that its likely to be the games teacher who is put on a disciplinary here.
Member - 1 post
My car was parked in the car park provided by my employer (a school) and was then damaged by a cricket ball being used as part of a school cricket match. Does the school have any liability for the damage caused?
Christine
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Christina, Who told you that?
The Police don't always know the actual law, that would be impossible as there is so much; An example, a friend of mine wouldn't answer the door to a bailiff who was trying to gain entry to her flat.
She knew the law, as she had recently passed A levels in law, and her papers dealt with this type of incident.
The bailiff was looking for the previous resident and not her, but called the Police who told her that Bailiffs have a right of automatic entry, she had to call her tutor (who had a doctorate in law) to attempt to explain this to everyone.
The point is don't expect your Employers to hold their hands up, this could cost them in higher insurance rates, nor the Police, as they cannot know all law.
IMO, I would seek legal advice before continuing with this matter, even CAB would be able to help.
And a phone call to your insurers may help too.
I simply cannot see that (presumably) wilful damage done to your property should in any way leave you out of pocket, and (presumably again) as you were not driving the car, it is merely property in the eyes of the law
Member - 185 posts
If its company property the RIDDOR will apply and you should investigate the matter to see what caused the slip or trip to prevent a further occurance.
Member - 416 posts
Hello
Did they slip on the floor and of course occupiers liabilty insurance would cover it as they were on work premises.
Barry
Member - 1 post
Hi, bit of a different angle…what if an employee parks their personal car in their staff car park on a Monday morning and as they are getting out of the car, slip and injure their leg resulting in them returning home and taking the rest of the week off sick. Is this an injury at work and thus reportable?
Member - 1 post
Hi,
I work in a residential childrens home, recently one of the children who I look after caused £1300 worth of damage to my car. I did report it to the police (incidentally the principal moaned as I didn't consult him before I phoned the police, as per company policy, however as it was my personal property I didn't think I needed to)!
I have been told that I will have to claim on my own insurance, which means paying £100 excess, then obviously my premium will go up as well. Although this is a common occurrence on other sites in the company, no site in our group has a secure car park for staff to park their cars in. Could somebody please advise me if the company should be paying for the damage to my car?
Thanks
Tina
Member - 862 posts
PK - you should have uninsured loss recovery on your car policy. These people will assess whether small claims court papers are needed.
Member - 3 posts
Thanks for the advice. As i said they have already offered a ex gratia payment but this is a laughable figure. So small claims would not be the answer?