Over Height Barrier....

[cts1975]

We had a driver dropping off at a council building last week.
On approach to car park he done the correct thing and moved over to the left hand side to use the 'over height entrance' which is basically an electrically lifting barrier.
On the day in question this barrier was positioned open and appears to be left open at all times.
When exiting the car park all traffic was merged to exit under a barrier. Cones and water filled bollards directed traffic under the barrier.
I understand they have had issue with caravans being moved onto the car park.
Our driver judged the barrier to be high enough and proceeded resulting in vehicle and barrier damage.
There is no height marking or sign on the barrier as it's and 'entrance lane' barrier and not an exit barrier.
The staff at the building called me 2 hours after to say the cost of repairing the barrier would be £1510+vat.
When we asked them how they had managed to get a quote so quickly they told us it happens on a regular basis and that they had an invoice in hand for the last repair!
I went to look at the barrier later that day and could clearly see it had previous (to us) damage with rusted damage and red paint.
I would expect a car park that has not height restriction on entrance to accommodate any vehicle to exit safely.
Do I have any claim against the council/building management in terms of the cost of repairing our vehicle?
I've included a couple of images to help with the explanation.

https://flic.kr/p/2nDLFcc

https://flic.kr/p/2nDRHDf

https://flic.kr/p/2nDT5rJ

 

[Newchodge]

The third photo appears t be of an entry, filmed from imside the barrier. How was that an exit?

 

[kulture]

I think you have a claim on your insurance for the vehicle damage. Also inform them of the claim by the council for the barrier damage, but explain the above and all the other damage on the barrier. Let th einsurance company sort this out and stop worrying

 

[cts1975]

The third photo appears t be of an entry, filmed from inside the barrier. How was that an exit?

Exactly. All traffic was directed out of the 'entrance' as it exited the car park. The correct over height exit has been blocked to stop travellers from moving caravans on to the site/car park.

 

[cts1975]

I think you have a claim on your insurance for the vehicle damage. Also inform them of the claim by the council for the barrier damage, but explain the above and all the other damage on the barrier. Let th einsurance company sort this out and stop worrying

Unfortunately this means processing a claim via my insurance. I have a claim free fleet policy which I've kept in tact for 22 years. Every year we have to get our 'claims experience' from the last 5 years and all claims (fault or none fault) are considered. My insurance would be loaded next year for sure.

 

[kulture]

Talk to your insurance broker and do the math. Having 22 claim free years is just pride talking. How much has this cost you in not claiming when you could. How much is it going to cost you now?

Insurance companies make a fortune out of people who don’t claim when they should due to their fear of premium increases.

 

[Newchodge]

Exactly. All traffic was directed out of the 'entrance' as it exited the car park. The correct over height exit has been blocked to stop travellers from moving caravans on to the site/car park.

Then talk to your insurance company about making a claim against the car park operators.

 

[kulture]

Are you saying that the car park operators did not have any way for an overhight vehicle to exit even though they allowed them in? This is definitely worth claiming against the insurance of the council

If however it is simply that your driver did not use his MK1 eyes then they would not be liable.

 

[cts1975]

Are you saying that the car park operators did not have any way for an overhight vehicle to exit even though they allowed them in? This is definitely worth claiming against the insurance of the council

If however it is simply that your driver did not use his MK1 eyes then they would not be liable.

Correct. The only exit was under the barrier.

 

[cts1975]

I've spoken to the insurance company. As our vehicle has caused damage it's classed as a 'fault' accident.
They don't seem interested in the signage or traffic management.

 

[cts1975]

If however it is simply that your driver did not use his MK1 eyes then they would not be liable.

This is the issue. I can understand both arguments. Was the barrier 6 or 9 foot? We'll never know without a tape measure or signage. It's a crap situation for the boss and the driver.
I've thought about and I can imagine this could happen to anybody.

 

[fisicx]

Correct. The only exit was under the barrier.

Did the driver know the height of the vehicle? The barrier is clearly marked so maybe they should have spoken to the council about an alternate exit. I really can’t see how this can be anything other than the fault of the driver.

 

[kulture]

I've spoken to the insurance company. As our vehicle has caused damage it's classed as a 'fault' accident.
They don't seem interested in the signage or traffic management.

They have a very black and white attitude. They expect your driver to look where he is going, and take reasonable care to ensure that the van fits under or through any obstacles, and to not drive through something without checking.

Signs are optional. There is no requirement to put a height sign on a height barrier, although it is usually there.

 

[cts1975]

I totally accept the driver is to blame. I'm just frustrated that nobody in the building or council has thought to stop overheight vehicles from entering the car park when there is no over height exit for them to use. If the person on the phone new exactly how much the barrier costs to repair then it's definitely happened before and is likely to happen again.

 

[fisicx]

Yes, but did the driver ask about an overheight exit?

 

[cts1975]

Yes, but did the driver ask about an overheight exit?

No fisicx and that's my issue.
He was convinced it would fit under. Judging by the damage it nearly did.

 

[Newchodge]

No fisicx and that's my issue.
He was convinced it would fit under. Judging by the damage it nearly did.

Surely, if the driver wasn't sure they would have edged forward until they touched the barrier and then stopped, not continued on to cause damage. Looks like the driver has questions to answer?

 

[Newchodge]

No fisicx and that's my issue.
He was convinced it would fit under. Judging by the damage it nearly did.

Talk to your local councillor

 

[cts1975]

Surely, if the driver wasn't sure they would have edged forward until they touched the barrier and then stopped, not continued on to cause damage. Looks like the driver has questions to answer?

He was sure Cyndy.

Talk to your local councillor

I'm drawing a line under it now i think. It's been passed over to the insurers. The claim particulars and report form have just arrived by email.
I originally posted through pure frustration that the same thing is likely to happen again before it put right.

 

[WaveJumper]

Unfortunately it going to be "one of those" situations, the council obviously had an obligation to supply suitable exit for high sided vehicles and looking at the photos they obviously had a pretty sothisicated auto barrier set up just for this purpose. You can even see the higher than normal touch pad for high sided cabs.

One would have expected the council as they generally like to go overboard on theses things suitable temp signage etc if this was out of action and the entrance gate had to be used as an exit........ ie there's no hight signage on the inside going out. So one you maybe able to argue. But they have your reg number from CCTV and will just process a claim anyway.

Then we have the driver who one would have thought knowing they are driving a high sided vehicle would have proceeded with caution, even stopped his vehicle at the gate checked the sign on the other side and if it was me personally I would have got someone passing by to watch top of the van against barrier and obviously as soon as it was evident it was not going to pass safely, made a phone call.

I can appreciate how frustrating this must be and to be honest one that will just keep bugging the hell out of you. Having managed many a multi-storey car park in my time the amount of claims we would get from drivers claiming one the barriers were to low and their car hit them or it knocked their bikes off or even the suitcases, the best were the claims their tailgates had been damaged as they hit the roof of the car park when they opened them to put the shopping in .........some months it really was like the silly season.

I hope it all gets resolved pretty quick and your vehicle did not sustain too much damage. keep smiling

 

[paulears]

Driver errors are covered by your insurance so surely you just claim? However how can you blame the owner of the barrier? The driver should know the width and height and if a pair of bollards is tight you’d expect them to check? I know how high my van is and multi storeys can be tricky if the break over angles are severe and corners tight so I ask if other users can get a vivaro in and they usually say yes or no. The driver got it wrong. If you are looking to blame somebody then blame the driver. S/he made a decision and got it wrong.

 

[Frank the Insurance guy]

I've spoken to the insurance company. As our vehicle has caused damage it's classed as a 'fault' accident.
They don't seem interested in the signage or traffic management.

They have a very black and white attitude. They expect your driver to look where he is going, and take reasonable care to ensure that the van fits under or through any obstacles, and to not drive through something without checking.

Signs are optional. There is no requirement to put a height sign on a height barrier, although it is usually there.

No fisicx and that's my issue.
He was convinced it would fit under. Judging by the damage it nearly did.

This is one of those unfortunate incidents that ultimately is down to your driver and its their fault.

You driver made an error by misjudging the height and this is what caused the damage to your van.

Get your insurance company involved is the best option - that is what you pay your premiums for! They will also deal with any potential claim form the third party (ie. the car park).

In simple terms it is the legal position - did your driver cause damage to the barrier. Yes they did. Next is whether it was damaged before and if so whether you are responsible for the full bill - make sure you tell your insurance company and they may consider making a reduced offer to the car park.

 

[JEREMY HAWKE]

Pass it on to the insurance company I would not even be messing around with these morons . The insurance company might tell them to take a run and jump themselves . You never know !
You have already achieved the impossible by not claiming in 22 years
Thats the mark of professional company