old remains of a bollard damaging a car

aubreym

hi,
my girlfriend was pulling out of a petrol station recently while it was dark & the corner of her front bumper got caught by the old remains of a bollard that was sticking up, you know the ones by each entrance that were used for each end of the old poles that they used block the entrance with?

At the time, i took photo's of the damage & also the boulder which is clearly not signposted or courdened off & shows it jutting out. I took these as i thought that the garage was liable in some way for the damage. I was away for a week then & she got the car repaired while i was gone, costing several hundred euro.

should the garage be liable for the cost of her repairs in this case?

MarkR

If they didn't have a chance to get their own assesor to have a look at it i don't think there's anything that can be done now. Also it was a stationary object, her own lights should have shown her any hazards ahead of her unless she was going to fast for conditions or wasn't looking?

jhegarty

very hard to make a case when you hit a fixed object.....

should/would she have been able to see it ?

ambro25

The bollard was stationary (signposted or not).

Her car was not (presumably), and under power under her control.

100% her fault I'm afraid, and can't imagine whatever on earth makes you think the garage could be liable.

MarkR

I remember a similar post here a few months back where a lady was going to a job interview and beached her car on a rock in the carpark. Seems it was jutting out or something, and she wasn't the only person to be caught by it.

In that particular scenario the prospective employer paid the bills, but that's more of an exception to the rule.

With the car repaired you've no comeback.

unkel

What the others said unfortunately

MarkR wrote:

I remember a similar post here a few months back where a lady was going to a job interview and beached her car on a rock in the carpark. Seems it was jutting out or something, and she wasn't the only person to be caught by it.

In that particular scenario the prospective employer paid the bills

I remember that too. The lady got the job and all

aubreym

cheers for all the replies. i didn't think that she had any comeback after the fact that she got the car repaired, but she would have if she had reported the incident to the garage when it happened. she did go in the night after but there was only a manager on duty during the day & never bothered then
lesson to be learnt i suppose

JohnBoy

yeah, don't drive into stuff

Victor

You wouldn't believe the number of times the boundary wall has been knocked down at Esso in Rathmines.

Wishbone Ash

Victor wrote:

You would believe the number of times the boundary wall has been knocked down at Esso in Rathmines.

"wouldn't"?

Victor

Ooops