Car accident in private car park

pa1

Hi all, if someone were to strike you're car with their vehicle in a private car park would they be under any obligation to pay for the damage that they caused?

I ask because a man backed into my car yesterday in a car park in Cork city, he says he will pay for the damage but in case he doesn't I was wondering where I stand.

Many thanks,
Pat

Paulw

Same as having a car accident anywhere.

Report it to your insurance company and you should have also notified the Gardai.

Unless, of course, you just want to settle it between yourselves.

Victor

I would report it anyway. You don't need the insurance company / Garda to do anything, but have it on file in case the other driver tries to deny it.

Do you have photos?

slimjimmc

Yes, report it to your insurer as it's usually required by your policy regardless of who offers to pay or accepts liability.

If you agree to him paying for the damage you should do so on the condition that if he fails to keep his side of the bargain you will go through his insurer. Of course, after seeing what it'll cost him on a few quotes he might withdraw his offer and opt to go the insurance route anyway.

Don't let him force you into allowing him decide where the repair will be done, that's entirely your decision and you need to make sure the job is done right. Allowing the 'offender' choose the repair could result in a less than perfect repair.

Generally there is no need to report it to the Gardaí, it's not a requirement unless a crime was committed or someone was injured, and even if you did all the Garda can do to is take details and statements. They certainly can't make him pay up if he refuses as it's a civil case not a criminal one.

bath handle

slimjimmc wrote: »

Yes, report it to your insurer as it's usually required by your policy regardless of who offers to pay or accepts liability.

If you agree to him paying for the damage you should do so on the condition that if he fails to keep his side of the bargain you will go through his insurer. Of course, after seeing what it'll cost him on a few quotes he might withdraw his offer and opt to go the insurance route anyway.

Don't let him force you into allowing him decide where the repair will be done, that's entirely your decision and you need to make sure the job is done right. Allowing the 'offender' choose the repair could result in a less than perfect repair.

Generally there is no need to report it to the Gardaí, it's not a requirement unless a crime was committed or someone was injured, and even if you did all the Garda can do to is take details and statements. They certainly can't make him pay up if he refuses as it's a civil case not a criminal one.

Compulsory insurance only applies to vehicles in public places. Many policies only cover accidents in public places,
not private.

Paulw

bath handle wrote: »

Compulsory insurance only applies to vehicles in public places. Many policies only cover accidents in public places,
not private.

A public car park, even a private one, can be considered a public place.

Milk & Honey

Paulw wrote: »

A public car park, even a private one, can be considered a public place.

How can a public car park be both public and private?
Some privately owned car parks such as at shopping centres are public places because any member of the public can park there. Others such as in apartment blocks are not public places because not every member of the public can enter them.

BrianD

pa1 wrote: »

Hi all, if someone were to strike you're car with their vehicle in a private car park would they be under any obligation to pay for the damage that they caused?

I ask because a man backed into my car yesterday in a car park in Cork city, he says he will pay for the damage but in case he doesn't I was wondering where I stand.

Many thanks,
Pat

The answer to your question is that they would be 100% morally obliged to pay you for the damage to your car if they caused it.

I don't know of any motor insurance policy that has limitations as to what is considered a public or private space. If you are limited, change!

dog with a bone

Ive been through this in the past except I was the one who hit a parked car in a private car park. In this instance the owner of the other car tried to milk me for big money by getting a maindaler quote which was jacked up in a big way(think they knew someone in this garage).
I dealt with an ex garda on this one to get the lowdown. Heres the key info.

Yes, you should report the instance to a Garda station and take details from other party.
Garda cant interviene if person is accepting responsibility and offering to repair the car. Remember that road traffic act applies to public roads.
You cannot dictate where car is repaired if the person responsible can prove from a few quotes that your preferred repair location is unreasonably costly.
Person responsible for damage is responsible to undertake to restore car to state of condition prior to accident.
If they are decent about it, they will get it fixed for you and dont get concerned if its not through a main dealer. The best bodywork and painting comes from real garages not main dealers. Many main dealers outsource bodywork and painting to the backstreet garages where there are some really skilled guys doing good work.

slimjimmc

dog with a bone wrote: »

Ive been through this in the past except I was the one who hit a parked car in a private car park. In this instance the owner of the other car tried to milk me for big money by getting a maindaler quote which was jacked up in a big way(think they knew someone in this garage).
I dealt with an ex garda on this one to get the lowdown. Heres the key info.

Yes, you should report the instance to a Garda station and take details from other party.
Garda cant interviene if person is accepting responsibility and offering to repair the car. Remember that road traffic act applies to public roads.
You cannot dictate where car is repaired if the person responsible can prove from a few quotes that your preferred repair location is unreasonably costly.

The Road Traffic Act applies to all public places, i.e. places where the public can access with vehicles, and Gardaí have full legal authority in those places too not just public roads. They can't intervene in any civil disputes even if the other guy denies responsibility (unless an offence is likely).

dog with a bone wrote: »

Person responsible for damage is responsible to undertake to restore car to state of condition prior to accident.
If they are decent about it, they will get it fixed for you and dont get concerned if its not through a main dealer. The best bodywork and painting comes from real garages not main dealers. Many main dealers outsource bodywork and painting to the backstreet garages where there are some really skilled guys doing good work.

The person responsible for the collision is only responsible for ensuring you are adequately compensated for the damage either by paying for the cost of repairs or paying an agreed cash sum in lieu. I wouldn't allow the offending party to decide where my car is repaired, you lose control over the repair if you do because the repair shop's customer is the other guy not you.

dog with a bone

You are wrong Slim.. on all counts. You are expressing opinions rather than imparting any knowledge.
D.A.M.F

Paulw

dog with a bone wrote: »

You are wrong Slim.. on all counts. You are expressing opinions rather than imparting any knowledge.

No, I think you'll find that the facts (RTA) do support Slimjimmc's post.

MagicSean

dog with a bone wrote: »

You are wrong Slim.. on all counts. You are expressing opinions rather than imparting any knowledge.
D.A.M.F

I admire your dedication to trolling. Setting up an account 3 years in advance shows some amazing planning.

Keith186

bath handle wrote: »

Compulsory insurance only applies to vehicles in public places. Many policies only cover accidents in public places,
not private.

2nd sentence is incorrect. >99% of policies cover you every where. Third party only cover is the second lowest liability cover and practically all policies have this.

RTA cover is lower than this and is almost the same except it only covers you where the RT Act of 196? states it is a legal requirement to have insurance.

You'll only have a RTA policy (the bare minimum required by law) if you've been a bold boy and have a string of driving convictions and no insurer wants to cover you.

OP, the other driver is required to compensate you, if he messes around go straight to his insurance company.