by James  03/02/2021  0 Page Views
0 Comments  Discuss legal issues that are of a general nature

I entered a private shopping centre carpark to conduct some shopping on my motorbike early last year, as I always do I park it away from any other vehicle, in this case there was at least 10 or so spaces, and it could be  assumed that during this period there would be no reason for a normal person to park there vehicle in the next car park closest to my bike, also in a way his car was positioned on the line closest to where my bike was stationed.

I watched as he exited the car as I thought it was quite perculiar. As I went to place my keys in the bike without being seated, but still standing along side it.

The bike fell over and due to his straddling of the park closest to me the bike caused damage to his driver's door.

I asked the driver why he parked next to my bike and his only answer was "I liked the look of it." 

Now a number of issues I have with how everything has panned out since:

I took every reasonable caution whilst entering, choosing a park to ensure both my safety and my bikes safety for the duration of my visit. 

I should not be held liable for someone's poor choice of car park and poor parking position  within said car park. I should note that had he had been centred within his space no damage would have pertained to his vehicle. 

This accident was a simple case of wrong place wrong time. Had I had slipped while mounting said bike, or damaged his vehicle while performing a slow speed manoeuver exiting my park I would happily accept fault. 

I also was not given the chance to have any of my repairers quote for repairs, where I had received a quote for a NOS door, in the same colour, year etc for 800, However I am now being thrown with a repair bill for $2800 plus, with no Liason from their insurer. Essentially I was slugged with a bill that I am being forced to pay. 

I feel I should not be liable for someone's stupidity, or negligible parking execution. Or if bare minimum, a limited percentage of total bill I should owe, simply by being in the wrong spot However no one from insurance firm, debt collection agency will discuss this matter with me.