Hit & Run Accident Question

[andygrif]

OK so maybe I'm exaggerating slightly, but I was on the way out of a car park of a well known DIY store today. I'd stopped behind another car at the T junction exit, the car behind me didn't.

He made a gesture indicating that he was going to pull-over, so I turned right to pull over, he put his foot down, went left and onto the dual carraigeway as fast as he could. I'm no slouch, did the fastest 3 point turn you'll ever see, and caned it down the dual carraigeway, but he was nowhere to be seen - all I have is the colour, make, model and two digitis of his reg...so no hope there. Reported to the boys in blue.

Fortunately not much damage, not enough to make it worth my while claiming on my insurance (I've checked with them and it would count as a fault claim - looks like Direct Line next year for me). But it's enough damage to really pee me off every time I see.

The DIY store have two cameras on the outside. I asked for to see the CCTV, then they say they're dummy units. So I'm not happy that they give the impression of a safe area, but it's everyman for himself.

I asked to see the footage from the tills from the minutes before the accident, and they declined. Surely if I could identify the assailant of a crime on their premises, assuming he paid electronically, he can be traced by the police? They said no.

Third and hopefully this is where you'll help... it's a new store...and there is nowhere disclaimer notice anywhere on site. Does this mean that I am able to claim on their liability insurance, as the incident happened on their premises? If they'd had a disclaimer displayed then fair enough, but I spent 10 minutes walking around looking everywhere for one, and not one was to be seen.

What do you think?

[danielf]

Personally, I feel this issue is probably beyond the store's control, so I'd find it a little errrrm inappropriate to claim on their insurance just because there was no disclaimer...

[paulyoung666]

maybe it is a case of the data protection act coming into play , regardless , i hope you manage to nail the ******* , on the off chance , could you manage to be there at the same time tomorrow in case it was someone doing the 'picking up of the wife from work routine' , maybe it would be worth the trouble , if it works out then there is a good chance you could prove it was him if the police want to know , angle of attack , paint swapping etc

[Chris]

Disclaimer notices have no legal force even where they are displayed. In the event of any dispute or incident, the Courts are always the final arbiter of who is liable for what, no matter what signs a shop puts up. Nevertheless, I think you would find it hard to prove to a judge that the store did (or failed to do) something which has been materially to your detriment.

[Rob]

I'd be surprised if you can get away with the disclaimer notice. Was the store in any way negligent because fo the actions of somebody else on their premises. I doubt it. I doubt those notices have any real effect anyway, as for any claim to exist against an owner, you would need to prove the owner of premises had failed to act reasonably to prevent the "incident" leading to the claim.

Now as for cameras, you as an individual may not have rights of acess to the tapes (Human rights act , data protection , blah blah blah). The police could request them if they wanted to get of their backsides, but it's that trivial a matter that they wont get involved. It's not even a public highway after all (altoguh being a place where the public have access you can get done for dirnk driving, but thast moving ). Police might act if the insurance co was to insist, but if you aren't making a claim

I've had similar, in a car park. Some old boy ignored the fact I was hanging on my horn, and decided to reverse into me cos he didn't look behind before backing into a space. He then got extremely flustered scraped another car, as he made a hurried exit from the supermarket.

It's one of those things that make you extremely peeved.

[Tuftus]

Man that sucks.

I hope that you find and nail this guy, it is twits like this that push everyones premiums up!!!

[Florence]

Suggest to the police that if they could view the video of the customers paying at the store and showed you some shots you could pick out who was driving the car helping them to find the person.


Could use a recent incidant in Manchester where a man who was chasing a theif who had robbed him was hit by a van and dragged along the road for yards and killed. This van didn't stop many would stop if they thought police would use all means to find them for even a minor hit and run. It all boils down to the message our police give out, if they can't be bothered with simple detection skills. By starting at the store what chance have we of them catching any criminals.

[andygrif]

Thanks all....I know the disclaimer sign is a long shot...and I am not normally the kind of person who goes around suing people for the sake of it...so chances are that I won't this time either.

I'm writing a letter outlining the situation and how unhappy I was at the store's lack of assistance (inluding the fake cameras) and I'll see what they come back with. They might well tell me to sling my hook!

MovedGoalPosts....well I guess it's a difficult one. I would suggest that they are negligent by having cameras looking over the carpark that are not real. It gives the impression that the car park is safe (or at least safer than it actually is).

Tuftus, don't worry, this one won't push your premium up, I'll not be claiming on my car insurance!

Kits, I suggested that to them and they said no....another reason I'm not happy with them. And the police have basically just given me a reference number which is annoying too.

[nffc]

Bet it was a chav.

[Maggy J]

The barsteward probably had no insurance,no licence and catching him won't get him more than a measly fine anyway..and a few points IF he has a licence and could be bothered to turn up at court.

I hate supermarket parking.The bays are too narrow and other drivers And pedestrians never seem to stop when I'm trying to reverse out.They just drive/march right behind me without even looking.I'm always depressed at the thought of my weekly shopping expedition.

[Florence]

Originally Posted by andygrif

Kits, I suggested that to them and they said no....another reason I'm not happy with them. And the police have basically just given me a reference number which is annoying too.

No wonder the crime levels are high the police can't be bothered to do any investigations they just want easy cases or high speed chases.

[Halcyon]

Sorry to hear about this.
People like that really get away with it and should instead be locked up and made to pay every single penny of the costs.
I hope things get better for you.

[Shaun]

You use the DPA to get the info you need mate. Many don't ( or try but fail (Frank and me) ) and regret it, it's there for your protection and all video footage from CCTV is covered.

If there's anything we can do let us all know

If you've got a few numbers of his registration number the make and colour of his car the coppers should be able to nail him.

[Doc]

Originally Posted by Kits

No wonder the crime levels are high the police can't be bothered to do any investigations they just want easy cases or high speed chases.

What a great example if ignorance. You know nothing my friend. Your wonderful Labour govt and the "just as bad" Tories beforehand are responsible for the crime situation. The police have no option but to prioritise investigations due to insufficient resources --FACT. Unfortunately that means your unfortunate experience falls to the bottom of the pile Im afraid. I do not condone this approach nor do i think it offers the public a good service, BUT, thats the way it is and will be until:

1.The police are given the resources they need to deal with todays crime situation

2.The courts lock up the right people for the right amount of time (Burglars and the like, not people to default on silly fines or dont pay the TV licence).

3.The law shifts back in favour of people like you and me. For too long the liberal wishy washy do gooders have had their way and IT DONT WORK....history has proved it.

Sorry for the rant but it really lights my touchpaper when all hard working police officers are perceived to be lazy power freaks (there are a few I accept).

Your accident ( no such thing Im afraid, all road accidents are caused by someone...hence they are called Road Traffic Collisions now) is unfortunate and I share your frustration. Ive had my car "keyed" on countless occassions and I understand how fcuking annoying it is.

The order of blame should be:

Society itself then the people we vote to govern us.