Can I claim against Caravan Storage Place owner?
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Can I claim against Caravan Storage Place owner?
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My parents own a caravan and have it stored at a local compound. Two days ago approx 25 caravans were damaged and alco stabilisrs and tow bars were taken. The owner has told them to claim on their own insurance!! - the contract states that "the comapny acceps no responsibility for any loss / theft / damage how so ever caused etc etc. Has anyone ever made a successful claim agianst a contract like this and how did you do it - its costing them £120 excess on rheir own insurance policy plus it will now go up next year through no fault of their own!! I think this stinks and i am hoping to someone out there has had a similar problem / experience.
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Bardic
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It always stinks when you have to pay out, doesn't it? That clause is quite normal and your parents accepted it and will not be able to appeal against it. You could only do this if you can successfully argue in court that it was an unusual and excessively onerous clause, which it isn't.
One thing, did the site owner advertise (that you can prove) any particular security arrangements that weren't in fact provided? Then you have a case. |
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Helen
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I'm afraid you have absolutely no claim against the compound , it states specifically that caravans are stored at the owners own risk and as your parents signed the contract therefore agreeing entirely to take the risk and accept the consequences . I'm sorry . |
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probablygraham
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I agree with the first answer. If the contract states that they take no responsibility I don't think you have a leg to stand on.
The only thing you could look into is whether a compound is allowed to offer storing of vehicles without liability. I assume they have to have some sort of license to offer the service and it is possible that the clause is invalid under a license like that. I would invest in half an hour's consultation with a good lawyer and get them to look into it. |
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Amy H
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in the first instance, they should claim under their policy. The insurance company should then pursue the owners insurers for their recovery or at least a contribution. if they make a full recovery, your parents will get their xs reimbursed - if it is only a contribution, then they will not get their xs back. |
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J G
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I'd agree, you haven't got a leg to stand on.
I'd have run a mile in the first place from any place charging to store caravans but waiving any responsibility for looking after them.
You could have parked it in my field or shed for free if that was the case.. |
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oklatom
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Sure. You can claim anything against anyone if you find an attorney willing to take your money. Perhaps you could all get together and do a class action. But you wouldn't prevail in court if you did.
Why not? Because there is a written contract in place, binding both parties. In exchange for a place to store, you agree "the company accepts no responsibility for any loss / theft / damage how so ever caused..."
That's why you have your own insurance. Make your claim there. The excess is a number you chose after all, and as far as losing no claims, you would either way regardless of who paid for it.
Sorry, that's just the way things are, fair or not. |
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