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Are they responsible to pay?
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Are they responsible to pay?

I have been working in a school, I have been parking my car in th carpark, when I went to leave today the passenger window has been smashed. I only have 3rd party on my insurance so I am not covered and the school are saying that I parked there at my own risk. There are NO signs to say this - can I make them pay for the new window?


    




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Unfortunately for you, the school is not liable. You and other employees should pressure the school to improve security, to stop this happening again.


livn4themin
Rating
No, it could have happened anywhere. Not their fault.


Euphojim
Sorry to hear about the damage. They are only liable if (1) they owe you a duty of care which they deny (2) they failed in that duty of care and (3) you suffered injury or loss as a result.

Unless you can successfully prove the first point, the other two are irrelevant and your chances of success are pretty slim though there is nothing to stop you trying.


bty81216349
No you park at your own risk - same as parking in a supermarket car park


Sandy Sandals
No, I don't see how they were negligent.


staffy wisperer.
think its at your own risk but see if they have cctv and see who did it. good luck.


van-man
dont think so as private car park


Monica
i would think not. if the actual individual who smashed your window was found, you could pursue them... but in your situation, it appears the school had no fault whatsoever


Luna & Lawnboy
If you can prove that they were somehow negligent, then yes, they should pay. However, I do not see how they would be negligent unless there has been a rash of vandalism in the area, and they failed to provide adequate security.


Bardic
No you can't. Unless you pay to park there, there is no duty of care.


crazartgirl
Rating
I would get a police report if you haven't already. I would think that would be vandalism and that would fall under your comp on your car. By "3rd party" if you mean that you only have property/ liability then it will most likely fall in your lap, unfortunately.

If you have full coverage then you can file a comp claim and most likely it wouldn't add a sur charge to your premium.Depends on your insurance carrier.


Mc
Rating
No, sorry you can't i know this from countless vandalism to one of my cars, my car was being vandalised twice a week, the car park owners didn't care, the police didn't care (they just handed me a piece of paper everytime something happened) , you can however demand they put a sign up... just to piss them off :0)


guss99
Rating
This is why we have in the U.S.A. Small claims courts. You do not need a lawyer, most cases are settled by a court approved mediator.


Randall Parker, MBA
Rating
Nope. You park at your own risk.

You can probably get a good deal on a used replacement window. Look in the Pennysaver or other local paper to find a glass specialist who can do this.

If you can't find one, contact a local junk yard (i.e. Pick Your Part), and see if they can recommend someone.

If you only have third party insurance, you should still be able to get better coverage on your own. I assume you have this because either you didn't think you could afford to pay coverage on your own, or something in your driving record is increasing your rates. In either event, you are much better to bite the bullet and make sure that you are covered.

Third party insurance is usually imposed by your lienholder when you do not provide proof of insurance coverage. They absolutely do nothing to try and save you money. I personally think that they self-insure, and that this is a profit center for them, but this is only my opinion.

The third party coverage may only protect the outstanding balance on your vehicle, and it may not satisfy the legal requirements for liability coverage in your state, or if it does, it may only provide the minimum coverage. If you had a total loss, you would get nothing except a receipt showing that the loan is paid off.

Please contact an insurance agent, and get coverage that you control. If you can afford it, I usually recommend that you take the maximum deductibles 1000/250. Check the price difference for lower deductibles though, because it may only cost a few dollars to lower it. It's your call on that one.

Be sure to max out your personal liability coverage and uninsured liability coverage. Even if you have health insurance, it is a good idea to max-out the medical payments coverage ($5,000), just in case.

I wish you luck. No, you can't make them pay for the new window, but you should be able to get a used glass replacement for $100 or so.

Good luck!


pumpkin
If you work at the school then you are entitled to park in their carpark. However, if it happened in multi-storey car park or a pub car park, I think that it is always at the car owners risk. Maybe you could check it out with your insurance company.
Also, are there any CCTV cameras covering the car park? If so then the culprit could be done for trespass as well as criminal damage. Fingers crossed!


JeffyB
Rating
Yes, you can. It is total BS that they are not responsible. All parking lot owners say this to try and get out of blame.
1. Call the police immeidiately and file a report.
2. Ask the school for the name of their General Liability insurance carrier.


Lyrik
I think they have to pay for it because THEY provide the parking for YOU to teach students for THEM. so you should definetely try to get them to pay.





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