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BMW 330d (e90) - Car park liability - n3il123
Hi all,

Looking for some advice.
I drove into a car park yesterday and hit a kerb severely damaging my car.
Now history; have been going to said car park for years, and they have recently put in a manhole, around 300mm above the main entrance surrounded by tar and hgv kerbs, now as the left turn into the car park is on a small hill, my car being low, I never even noticed the new kerb area until bang.
Now do the car park not have a duty of care to put a bollard/s in front of new area for visibility purposes.

Do you think I could stick a letter into them to see if they accept liability?

Cheers

N
BMW 330d (e90) - Car park liability - Armitage Shanks {p}

Minefield! Is it private or public, pay or free. Is it your empoyer's car park? Are there signs up stating no liability for damage however caused, unless by an employee's negligence? You will need some photos to support a claim, are you able to post them here?. The phrase "I never even noticed" shouldn't appear in yoru letter/claim I suggest!

BMW 330d (e90) - Car park liability - n3il123
Private car park. No signs up. Can't attached photos? Not sure how.

BMW 330d (e90) - Car park liability - Armitage Shanks {p}

OK Private. Who owns it, do you pay anything for using it. You are using it at your own risk I would suggest.

BMW 330d (e90) - Car park liability - n3il123
Local pub car park. I was picking someone up. So probably at my own risk, just thought that due to the sizes of the kerbs that a bollard should be installed?
BMW 330d (e90) - Car park liability - Cyd

When I were a kid, if I tripped up on the pavement , me Dad would just simply quip "well look where you're b***** going then"

Nowadays it seems everyone walks round with their eyes shut and when they trip up they open them to look for someone to blame or sue.

BMW 330d (e90) - Car park liability - n3il123
Not looking to blame or sue anyone.
Agree that probably my fault, but how can you avoid something that you physically can't see? Surely every business has a duty of care to avoid such issues.
Just looking for constructive advice to what others would do in same situation.
BMW 330d (e90) - Car park liability - Simon

I can't see that you have any case, you hit a stationary fixed kerb, the fact that it was a new feature and wasn't there before doesn't mean that you should stop looking where you are going. Its a good job that it wasn't a pedestrian standing there.

BMW 330d (e90) - Car park liability - thunderbird

Agree that probably my fault, but how can you avoid something that you physically can't see?.

Kerbs are not invisible, they are made of concrete normally. Suggest you visit an optician if you failed to see what is a normal piece of street furniture.

As other have said you should be grateful it was not a child.

BMW 330d (e90) - Car park liability - Andrew-T
Not looking to blame or sue anyone. Agree that probably my fault, but how can you avoid something that you physically can't see? Surely every business has a duty of care to avoid such issues. Just looking for constructive advice to what others would do in same situation.

Definitely your problem. Visibility out of modern cars is not what it used to be, and it's all down to the stylists. I can't see over the bonnet of my Pug when crossing a hump bridge. But it is no defence that one cannot see where one is going.

You were driving in a familiar area, but it had changed since you last saw it, that's all. Like being caught in a new speed limit.

Edited by Andrew-T on 08/10/2013 at 12:18

BMW 330d (e90) - Car park liability - TedCrilly

"Visibility out of modern cars is not what it used to be"

So we can assume you never owned a Capri then?,

BMW 330d (e90) - Car park liability - Andrew-T

So we can assume you never owned a Capri then?,

Absolutely true. Nor did I want to.

BMW 330d (e90) - Car park liability - TedCrilly

Pity.......because if you had you would realise that your earlier statement needs to be taken with a rather large pinch of salt.

BMW 330d (e90) - Car park liability - Andrew-T

Pity.......because if you had you would realise that your earlier statement needs to be taken with a rather large pinch of salt.

No pity at all. I'm sure you get the drift I put in my earlier statement. Of course if you look back further than the Capri, 1920s cars had postbox rear windows. But comparing present-day family cars with those of 20-30 years back, our stylists have done us no favours with bulging bonnets, and waistlines that converge towards falling rooflines, making rear side windows near useless.

BMW 330d (e90) - Car park liability - skidpan

I learned to drive for part of the time in a Mk3 Cortina. The visibilty out of that car was appalling both forwards and to the rear. I honestly cannot remember owning or driving a car since that was worse. A very high dash scuttle and the coke bottle styling did them no favours. My first cars had wing mirrors that were next to useless, they were never adjusted correctly since they tended to move about. When door mirrors replaced wing mirrors they were extras and you normally only bought one for the drivers side. Now we get large electrically adjustable mirrors as standard, people do not realise how lucky they are.

With regards to the Cortina I had to get used to it and 40 years later have had no real issues with visibility. In those 40 years I have owned many cars and have adapted to them all although it is fair to say some were easier than others to see out of.

If people insist on driving low coupes with long bonnets what do they expect.

I can assure you that a BMW 3 series E90 does not fall into the difficult category.

BMW 330d (e90) - Car park liability - Andrew-T

Certainly agree about the wing mirrors, Skidpan. And when mirrors moved to the door, a nearside one only came with the top of the range.

My first cars were Austin/Morris 1100s, and seeing out of those was pretty good. After that Maxis, then Pug 205s. All were pretty good for visibility. No-one has yet disputed my suggestion that current styling has led to limited rearward visibility for no other reason. Some of it may be aimed at better body strength I suppose?

BMW 330d (e90) - Car park liability - RT

I dislike nearside door mirrors intensely - too much head movement is necessary to see in them - a mirror mounted on the nearside front wing was much better.

BMW 330d (e90) - Car park liability - Avant

The Mark 3 Cortina was one of the first cars with the 'coke bottle' styling which is the cause of the problem - this fixation among stylists that a car looks better with the glass area tapering down towards the back of the car. The Marks 1 and 2 Cortina were fine, particularly the estate; ikewise the Hillman Hunter was easy to see out of, the later Avenger much more difficult.

Honda and Volvo are the latest recruits to the fixation. The old Honda Civic was a better car all round than its post-2007 successor (obviously only in my subjective opinion) and had much better rear visibility. The Volvo V40, with its swept-up rear doors and letter-box rear window, is hopelss to see out of, and the V60, despite being an estate, is not much better..

Another reason why I've ordered a third Octavia estate....

(Edit - sorry, Neil - which i suspect is your name - and welcome to the forum. 'Thread drift' often happens with no harm done, but in ths case it's partly because we probably can't help you much. I think you'd have a case only if the kerb in question had been deliberately or negligently hidden from view.)

Edited by Avant on 12/10/2013 at 00:10