Liability for damage to car parked in on-street public parking space

peckerhead

Sorry if this has been asked before, but searching hasn't brought up anything...

If a car parked on a public street, with a parking disk as required by the local authority, is damaged by a fallen tree (located on the pavement, not inside any private property boundary), is the Council liable to compensate the owner? Or does (s)he just have to suck it up and claim off their private insurance? We're talking about a new car completely written off, not minor damages.

And it's Limerick City and County Council, not that I suppose that matters?

seamus

You have to suck it up unless you can prove that tree was in a condition where it was likely that it would fall over. And that the council was aware of this.

That said, many councils will just roll over if you stick in the claim for compensation. It's unethical, but not illegal.

There was a thread many moons ago on boards where someone drove over a traffic island where the "keep left" beacon had been removed by vandalism. Damaged the skirt on his modified car and the oil sump.

Even though the driver was clearly at fault for not paying attention, and the council weren't aware that this beacon had been removed, he put in a claim for the damages and got it paid.

peckerhead

Cheers for that. My scenario is kind of the other way around. City and County council say they're not liable and owner has to claim from his own insurer.

Yet they charge to park there. Seems a bit off.

Ah well.

seamus

Ultimately someone (be that an individual, a company or a council) can only be liable for damages if they did something to cause those damages.

If someone parked in your driveway and a tree fell on their car, would you think it only right that you pay out for the damage? I'd guess not.

peckerhead

No, but my driveway isn't a public road, and I don't (and couldn't legally) charge people to park there, do I? :P

CIARAN_BOYLE

I think you claim off your insurance and if you ahve a legitimate claim for compensation from the council they will advance it in the courts.

peckerhead

But in claiming off your own insurance you presumably blow your NCB and have a claim on record which will cost you in increased premiums/fewer renewal options.

I can see how a court would distinguish between a falling tree and the case seamus described, though. It's not unreasonable for the driver's counsel to have argued that he would have seen the traffic island if the damaged beacon had been repaired, therefore the Council were remiss, technically. But a big ol' tree flattening a bunch of parked cars could be described as an 'act of God'/extreme weather event that the Council couldn't have foreseen and aren't responsible for. Had the tree fallen on a passerby and injured them, would a PI claim be entertained?

L1011

I would ask the residents association, if there is one, as to whether the tree had been reported as dangerous. Proof that they were aware of it may result in a different reply.

I've no idea if it actually changes anything legally, e.g. nonfeasance vs misfeasance but a copy of an email I sent to a council about a pothole got someone else a new wheel a few months later.

peckerhead

I'll recommend to the guy that he check out about the tree having been reported, but I doubt it. Had it been overhanging someone's property they'd probably have heard from them at some point, but this is just a wide part of the road, no nearby structures. Cheers all!

ravima

If tree was diseased/damaged/faulty, then local authority might be liable. If it was healthy but fell in a sudden gust of wind, then in theory they are not liable.

peckerhead

As far as I know it happened during a night of exceptionally high winds; there were trees down all over the county. So I'd say the Council are well in the clear. I was just curious as to whether the levying of parking charges affected the question of responsibility for damage to cars parked there.

coylemj

peckerhead wrote: »

I was just curious as to whether the levying of parking charges affected the question of responsibility for damage to cars parked there.

It's a fair question, does the payment (to the council) for parking confer any rights or raise the bar for liability over and above what would be your rights in the case of free parking?

Peregrinus

No. Paying a parking charge gives you the right to park in a place where you wouldn't otherwise have the right to park. That's it. You have the same interest in, and responsibility for, your vehicle as you ever had.

NUTLEY BOY

Basically, the issue is fault based. You need to prove negligence. Mere falling of the tree, or any of it's limbs, does not make out a case.

Victor

coylemj wrote: »

It's a fair question, does the payment (to the council) for parking confer any rights or raise the bar for liability over and above what would be your rights in the case of free parking?

You are paying the council for the parking, not to keep the vehicle safe.