Afternoon,

 

I believe a contractor carrying out spray painting on signage in a public car park has managed to get it on most of the panels and glass areas of my vehicle - the work was not being undertaken when I parked.  I have taken photographs of the damage, and of the location where I parked.  I also took photographs of the same colour of paint spatter around the post they were painting, along with a cloth and masking tape also covered in the same colour of paint lying on the floor of a nearby cherry picker, which was similar to one I saw parked in the car park earlier that day.

 

The area I parked was not coned off, nor was there any signage put up warning of painting or work taking place there.

 

I have contacted the land management agency responsible for the retail park and they have responded by saying they will investigate.  As I also believe this to be a breach of H&S, I have filed a report of the incident with the Local Authority, who have stated they will get back within 10 days.

 

Question now is, do I inform my insurance company about this?

 

Also, what would be regarded as reasonable compensation?

 

Regards,

 

F&LS

Reasonable compensation would be making you whole.

So car repaired and you not out of pocket if a courtesy car required.

I would be reporting to your insurance in case you need to claim on your insurance.

Thanks George.

 

I wasn't keen to inform them as I'd only owned the vehicle five days when this took place. 

 

Advice appreciated.

 

F&LS

Wow!  5 days.  As Root says, I'd expect you to get the car back to normal including any coating applied and temporary vehicle replacement.  It may also be worth looking into where you can take the car to be looked at as it could be quite a big job with paint particles in all the hard to reach areas.  You'll then be able to request a certain supplier.  Whether you get to use them is another matter.

Just as I thought.

 

My insurance company have stated unless the retail park management accept responsibility for the damage they'll class it as an own fault claim.

 

Absolute wasters!

 

Is it any surprise that my Twitter feed is full of the various sub sections of Police Scotland reporting they've pulled another non insured driver!

 

Note to self: stock up on lube just before insurance renewal time so it's not so bad when the insurance industry takes great pleasure in humping you up the Gary Glitter.

It will be the Retail Park Managements insurer that will be paying out anyway or the Contractors Insurer.

So you get your quotes done and submit them to the Retail Park Management or the Site Owners, or both.

 

While you might well have parked for free and at your own risk as sign posted, that does not allow for negligence on part of the Parking Providers Contractors or maintenance staff.

The Job was done, they know when and where and if CCVT / ANPR shows your car as being lawfully there then a solicitor can easily rip them a new one.

 

Your insurance is trying the scare game.  Name and same them as you should with the retail park once it is resolved.

Edited 16 March, 20206 yr by Roottootemblowinootsoot

To wrap this up...

 

After a LOT of email tennis between myself, the retail park management company and the contractor employed, it basically ground to a halt.  The contractor denied the paint spray was caused by his employees even though he contradicted himself; we were not on site at the time the damage happened - but later responded that it was probably one of his guys that I saw near my vehicle at the time I stated the incident happened.  He even tried to discredit my claim by introducing a JFK style 'Magic Bullet' hypothesis. 

 

Anyway, the Retail Park Management basically said as the contractor had not owned up to causing the paint spray there was nothing they could do.  To which I responsed as they could not guarantee either the welfare and safety of either myself or my property I would not be returning to that retail park.  And since 23 March 2020, I've been true to my word! 😉

 

I subsequent received an online survey for my insurance company in which I gave them both barrels.  Two day later I received a telephone call from their Customer Service Department and after I explained what had gone on and just how poor their assistance, guidance and advice had been, they stated they would conduct an internal enquiry.

 

Since the Corona Virus lockdown kicked n I took advantage and conducted a deep clean of the vehicle a few weeks ago and discovered the paint spray was more extensive than I originally thought.  There were hundreds if not thousands of tiny paint droplets all over the vehicle.  Normally I would only use about a fifth of a claybar to deep clean my vehicle.  There was so much paint droplets on my vehicle I used an entire bar on this one cleaning.

 

Yesterday my insurer telephoned o say after listening to the telephone calls and reading the emails I had sent to them they agreed with my assessment of their performance and I would receive £100 compensation from them. They were also happy to continue with my claim against the contractor.  I decided to close the complaint as I'm not sure what I would actually achieve now that the vast majority of the droplets have been removed.

 

Regards

 

FALS

Edited 29 April, 20206 yr by FirstAndLastSkoda