Claim over oil spillage in rented car park

kooreczka

Hi
I got phone call this morning from the agency I rent apartment from saying my next door neighbour slipped on oil spilled from car parked on my parking spot. It is actually someone else's car. I swapped parking spaces with another neighbour ages ago because other neighbour was keep scratching my car or bumping door making dents. I was advised by manager complex to swap places with someone. Now this girl wants to claim for the fall on it and I have no idea what to do. If she claims from agency will they go after me for the spillage that caused it? Can she calaim feom me? Any legal advise welcome please

NUTLEY BOY

kooreczka wrote: »

Hi
I got phone call this morning from the agency I rent apartment from saying my next door neighbour slipped on oil spilled from car parked on my parking spot. It is actually someone else's car. I swapped parking spaces with another neighbour ages ago because other neighbour was keep scratching my car or bumping door making dents. I was advised by manager complex to swap places with someone. Now this girl wants to claim for the fall on it and I have no idea what to do. If she claims from agency will they go after me for the spillage that caused it? Can she calaim feom me? Any legal advise welcome please

Yes, a claim could be pursued against you.

I would advise you very strongly to report this to your motor insurance company as they would be the ones to deal with any claim against you. This is on the basis that the claim would be grounded on a danger having been created by your vehicle. Also, you are now on clear notice of a possible claim against you.

In the interim you should write down the chronology of who agreed what and when in relation to swapping car parking spaces. Also, you need to ascertain if there are any provisions in relation to responsibility for maintenance of the car park.

mgbgt1978

The accident had absolutely nothing to do with the OP's car.
His insurance company will not entertain any sort of claim in this instance.
Whether the injured party can even take a civil case against the OP is unknown. His best bet is to go to a solicitor and get proper legal advice.

Liam McPoyle

mgbgt1978 wrote: »

The accident had absolutely nothing to do with the OP's car.
His insurance company will not entertain any sort of claim in this instance.
Whether the injured party can even take a civil case against the OP is unknown. His best bet is to go to a solicitor and get proper legal advice.

Incorrect.

If the claimant can prove the oil spill originated from the car then a claim can be pursued against the vehicle owners insurance.

Once the car is in a public place then it could potentially cause an injury to a third party and as such his insurer could be liable.

Actually proving the oil came from the OPs car is something different entirely.

Atlantic Dawn

Was it fresh oil left there for a few days or oil stains on the parking space for months/years that the management company failed to clean up?

Would the management company not be fully liable either way as owners of the complex?

mgbgt1978

Rod Munch wrote: »

Incorrect.

If the claimant can prove the oil spill originated from the car then a claim can be pursued against the vehicle owners insurance.

Once the car is in a public place then it could potentially cause an injury to a third party and as such his insurer could be liable.

Actually proving the oil came from the OPs car is something different entirely.

How is it incorrect to say that the OP's Insurer will not pay out for an incident caused by another person's car ?
This is based on the Op's original post where he insists that the oil spillage was not caused by his car.

Liam McPoyle

mgbgt1978 wrote: »

How is it incorrect to say that the OP's Insurer will not pay out for an incident caused by another person's car ?
This is based on the Op's original post where he insists that the oil spillage was not caused by his car.

Mea culpa, I misread the op, obviously if it wasn't his car that the oil originated from then he doesn't have a case to answer.

NUTLEY BOY

My advice to the OP was based on the following premises ;

1. In principle, both he and the newer occupant of the parking space would properly be joint tort-feasors (co-defendants) if proceedings issued.

2. We know nothing of the arrangements relating to effective legal occupation and or legal ownership of the parking space and the associated consequences in relation to responsibility for maintenance and upkeep of the accident locus. There may also be contractual indemnities or obligations in place which could modify the issue of ultimate legal responsibility.

I might develop point 1 above.

Any properly advised plaintiff will sue both OP and the subsequent occupant of the parking space in question. This would be based on two grounds ;

i) Either or both cars could have contributed to the spillage

ii) Classically and conventionally, it is not for the plaintiff to elect as between the defendants as to which of them is liable and to what respective degrees. That is a matter for the defendants to resolve between themselves or, in the absence of agreement, for a court to resolve in a claim for indemnity and contribution as between the defendants.

I have dealt with a few cases of oil being deposited on roads and the like over time by vehicles. The depositing of oil in circumstances like this one constitutes both negligence and nuisance.

In the case of a public road the depositing of oil in circumstances that create an unreasonable hazard or danger would tend to attract a strict liability. That might not apply in this case but there would likely be a firm view taken in favour of the plaintiff.

OP, I reiterate most strongly that you report this to your motor insurers who should know how to investigate. As I said already, you are now on notice of a potential claim and should advise your insurers to protect yourself.

TheChizler

NUTLEY BOY wrote: »

OP, I reiterate most strongly that you report this to your motor insurers who should know how to investigate. As I said already, you are now on notice of a potential claim and should advise your insurers to protect yourself.

Home/personal insurance surely, seeing as there isn't and hasn't been in a long time a connection between the parking space and the car? What's the difference between this situation and a situation where the OP doesn't own a car but still has a parking space assigned?

mgbgt1978

I would think very carefully before informing my Car Insurer of any potential claim....if there is any doubt about their liability.
As can be seen from many Threads on this forum Motor Insurers can, and will, increase Premia when there was never a chance of the Insured being at fault.
The only reason for involving a motor insurer in this case is if the oil originated from the OP's Car. He has said it did not.
The ins and outs of responsibilty may well involve the Op in a civil case, but according to his post his Motor Insurer has no need to get involved.

mgbgt1978

NUTLEY BOY wrote: »

My advice to the OP was based on the following premises ;

1. In principle, both he and the newer occupant of the parking space would properly be joint tort-feasors (co-defendants) if proceedings issued.

2. We know nothing of the arrangements relating to effective legal occupation and or legal ownership of the parking space and the associated consequences in relation to responsibility for maintenance and upkeep of the accident locus. There may also be contractual indemnities or obligations in place which could modify the issue of ultimate legal responsibility.

I might develop point 1 above.

Any properly advised plaintiff will sue both OP and the subsequent occupant of the parking space in question. This would be based on two grounds ;

i) Either or both cars could have contributed to the spillage

ii) Classically and conventionally, it is not for the plaintiff to elect as between the defendants as to which of them is liable and to what respective degrees. That is a matter for the defendants to resolve between themselves or, in the absence of agreement, for a court to resolve in a claim for indemnity and contribution as between the defendants.

I have dealt with a few cases of oil being deposited on roads and the like over time by vehicles. The depositing of oil in circumstances like this one constitutes both negligence and nuisance.

In the case of a public road the depositing of oil in circumstances that create an unreasonable hazard or danger would tend to attract a strict liability. That might not apply in this case but there would likely be a firm view taken in favour of the plaintiff.

OP, I reiterate most strongly that you report this to your motor insurers who should know how to investigate. As I said already, you are now on notice of a potential claim and should advise your insurers to protect yourself.

As Point 2 is correct (we do know nothing of the contractual arrangements in this case) surely then in Point 1 the word 'would' should be replaced with the words 'could possibly'. Let's not find the OP guilty just yet.

NUTLEY BOY

mgbgt1978 wrote: »

As Point 2 is correct (we do know nothing of the contractual arrangements in this case) surely then in Point 1 the word 'would' should be replaced with the words 'could possibly'. Let's not find the OP guilty just yet.

No.

When counsel drafts the pleadings it would definitely be against both vehicle owners for the reasons that I have already explained (joint tortfeasors).

We are not finding anyone guilty or liable - that is the judge's job

NUTLEY BOY

TheChizler wrote: »

Home/personal insurance surely, seeing as there isn't and hasn't been in a long time a connection between the parking space and the car? What's the difference between this situation and a situation where the OP doesn't own a car but still has a parking space assigned?

No.

Public liability policies usually exclude claims arising out of or in connection with the use, possession, custody or control of a motor vehicle. That would relate to the possibility of the oil emanating from the OP's car.

If the claim against OP is based on his non-occupation of the space in quo but rather the deposit of oil on it by the car using the space that might be more likely to be a liability claim.