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Nairaland Forum / Nairaland / General / Car Talk / Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion (17886 Views)
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Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by stephenponti(m): 11:21pm On Apr 18, 2015 |
A car was properly parked as directed by security men at a mall (paid parking) A tree which appeared lively but with rotten root collapsed and fell on the car creating enormous damage. My question now is who is likely going to bear the loss, 1. The insurance company of the car, 2. The owner of the car park, 3. The insurance company of the parking lot. (if the business is insured or, 4. The car owner What's your legal opinion on this. I had a hard time trying to figure out the fate of the car pictured below. (happened today) 3 Likes 1 Share
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Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by Nobody: 11:25pm On Apr 18, 2015 |
Ayee o, the tree owner and the tree be jailed ![]() ![]() 24 Likes 4 Shares |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by abatically(m): 12:56am On Apr 19, 2015 |
Act of God. The car owner bears the cost. 11 Likes |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by GAZZUZZ(m): 7:52am On Apr 19, 2015 |
This is limote contlol flom virage owner should no go back near that vehicle! 2 Likes |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by lonelydora: 10:59am On Apr 19, 2015 |
I think the owner bears the cost because it is always written "car parked at owners risk" 6 Likes 2 Shares |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by stephenponti(m): 11:23am On Apr 19, 2015 |
lonelydora: In this case there is nothing like cars parked at owners risk, because you pay for the parking space, hence they are solely responsible to protect a car for the paid duration in the park. 19 Likes 2 Shares |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by lonelydora: 11:28am On Apr 19, 2015 |
stephenponti: If it's a paid parking, then the people should bear the cost. Get a good lawyer and you are good to go. 5 Likes |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by Nobody: 11:57am On Apr 19, 2015 |
The administrators of the car park. The risk here could have been anticipated, it would have been a different scenario if a plane engine dropped from the sky and destroyed the car. A car park is not a garden where trees should be left to grow. It could cause damage to the cars by either fallen branches or as it happened above. They could also contribute nuisance through bird droppings and by shedding leaves. Again, they charge a fee so that you can be assured of the safety and security of your car. The enjoyment of that fee comes with certain consequences, of which this is one. 46 Likes 2 Shares |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by Kashif(m): 12:58pm On Apr 19, 2015 |
Let your insurers determine that. 3 Likes 1 Share |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by miccoy(m): 5:51pm On Apr 19, 2015 |
That's a fight between the car owner's insurance company and the mall. But, looking at it realistically, the mall pays! It's their duty to provide safe spot for parking. QED 3 Likes |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by stephenponti(m): 9:33pm On Apr 19, 2015 |
miccoy: If the mall insinuet "it's an act of God" as someone said before what next? |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by Nobody: 10:39pm On Apr 19, 2015 |
Car owners insurance will settle owner and then they'll go after the mall. This is all assuming that owner carries comprehensive coverage. The mall is ultimately responsible but car owner doesn't have to go to hand to hand battle with them. 3 Likes |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by aaidel(m): 3:44am On Apr 20, 2015 |
i agree wit CityNG this is a case for the insurance coy but if the person does'nt have comprehensive insurance then the person don enter one chance |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by miccoy(m): 12:28am On Apr 21, 2015 |
stephenponti:mmmmy brother, it's no longer an ACT OF GOD. It's now an ACT OF NEGLIGENCE on the part of the Mall at the court of law for not providing a safe spot for the car owner having paid for the service. 4 Likes |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by adanny01(m): 3:19pm On Apr 21, 2015 |
Any body but the car owner is fine for me. 1 Like |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by oweniwe(m): 11:20pm On Apr 21, 2015 |
Maybe na juju money den use buy the car.... ![]() 1 Like |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by Nobody: 9:15pm On May 01, 2015 |
It will be upon the insurance company of the car or the car owner if there's a case of lack of insurance. The car park has nothing to do with this tragedy because it wasn't intended. There's no "mens rea" to the act. The car park company can only bear responsibility on two grounds; 1. If they want to out of remorse or charity. 2. If the car park service is paid for and consequently insured and in that case the lack of safety measures falls on the company. #my2cents |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by Nobody: 9:15pm On May 01, 2015 |
Local govt |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by baybeeboi: 9:15pm On May 01, 2015 |
the tree should pay 3 Likes |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by kekeerin: 9:16pm On May 01, 2015 |
this topics sounds odd |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by jamex93(m): 9:16pm On May 01, 2015 |
insurance company na if no insurance u and d park to share d money |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by foliman(m): 9:16pm On May 01, 2015 |
let's forget this bullshit... unless if the ride is properly insured! ***that awkward moment when the brain stopped working for the very first time*** |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by msmon(m): 9:16pm On May 01, 2015 |
The car park owner pays |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by Nobody: 9:17pm On May 01, 2015 |
d old woman following him from d village has to be arrested and she will pay for the car 1 Like 1 Share |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by meforyou1(m): 9:17pm On May 01, 2015 |
Blame nature |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by Nobody: 9:17pm On May 01, 2015 |
Thank Jarastafarai Uli Kalai Ishinguli that no person was inside.... now the insurance company of the car is sure paying then other appurtenances follows. |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by youngwarlocks: 9:18pm On May 01, 2015 |
this is an Act of God!!! the tree looks suspicious. It looks like dat sea animal (cracken) dat captain babosa destroyed jack sparrow's ship with in " dead man's chest" |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by McEwen(m): 9:18pm On May 01, 2015 |
burn the tree down 1st.... |
Re: Car Smashed By A Tree In A Pay Park, Who Bears The Loss? Your Opinion by Sweetguy25: 9:19pm On May 01, 2015 |
Its force majeur, so all losses belong to the owner. 1 Like |
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