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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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I live in a block of flats with a shared car park. I came to

Resolved Question:

I live in a block of flats with a shared car park. I came to move my car one day only find that the car next to me had parked so badly he was practically touching my car (He had left approximately 1 cm between my car and his). There was absolutely no way
I could move my car without hitting his, so I went to speak to the buildings concierge to find out who the car belonged to. Concierge informed me the car had not been logged with them and they were unsure who it belong to. I explained that I had to pick my
daughter up from school and I had to get my car out no matter what, but the concierge said it was nothing to do with them. I was worried about causing damage but felt I had no choice as I couldn't leave my daughter standing outside at school, so proceeded
to move my car with as much caution as possible. Unfortunately my car scraped his bumper and front wing causing damage. A week later concierge called me and said the man lived in the block and was renting the space next to mine from another flat owner. They
informed me his car was damaged and could I speak to him. I didn't admit liability at this stage, I just agreed to speak to him. I haven't spoke to him as yet, but his insurance have contacted me asking me to admit liability. I'm just wondering where I stand
legally with this. Is it my fault? Thanks Dave
Submitted: 1 year ago.
Category: Law
Expert:  Matt Jones replied 1 year ago.
Hi there I will try and help. Did you take any photographs of the way the car was parked? Did the concierge come and look at the cars parked, or are there other witnesses?
Customer: replied 1 year ago.
Hi Matt,Thanks for the response.Yes I took 2 photographs, please see attached.Pic1.jpg: My car is on the right hand side (you can just see it). Note how close it is, virtually touching.
Pic2.pjg: Show his car parked at an angle after I managed to get my car out.There were not witnesses, although the car park is on CCTV. I've not checked with Concierge yet whether or not they have it on recording, but even if they do, the way the camera is angled they wont be able to see the moment the impact happened.No one from Concierge came to look at the car or assess the situation when I initially spoke to them.My insurance company has contacted me, but I have not responded yet.I have also included the correspondence from his insurance company.Please let me know your thoughts.Thanks
Dave
Expert:  Matt Jones replied 1 year ago.
Hi dave, thanks for the reply. On the right side of you vehicle (or where is was parked ot the right of the audi) in the second photo there seems to be a space that isn't a car parking space. A walkway perhaps, or a bike parking space. Was it not possible to move forward slightly, and then use this space to maneuver your vehicle? I am just trying to see all angle here before I provide my legal advice
Customer: replied 1 year ago.
Hi Matt,To the right of my car there is a support post and in front there was another parked car.It was completely impossible to get the car out, the only way was to reverse.Thanks
Dave
Expert:  Matt Jones replied 1 year ago.
Thanks. If we consider the facts it is clear that you have damaged the other car. There is witness evidence at the time that you needed to move the car and so it wouldn't be hard to draw an inference that you did damage the car if, for example, you denied doing it (I'm sure you don't intend to do that, I'm just pointing it out) . So you would have to admit liability i would suggest, however there is something called contributory negligence. That is where to some extent the injured persons liability can be reduced by virtue of their actions. The three key ingredients for assessing contributory negligence are: a. fault of Claimant; b. -if so, was this causative of damage (ii.e was is in full or part responsible) ; c. -if so, what is the extent it would be just and equitable to reduce damages. This is what a judge would have to decide. i think in your case it is pretty clear that the terrible parking by the other party contributed to the damage to his vehicle. Contributory negligence can never completely extinguish the damages the person gets, but can massively reduce it. there are cases of 75% reduction and even more. This can actually make it unfeasible to bring a claim against you. Ultimately however it will be up to your insurance company to make a commercial decision on whether to defend on this basis, or to simply pay out and don't take the risk in court.
Expert:  Matt Jones replied 1 year ago.
Hopefully I have helped. If so kindly leave positive feedback so I can be paid for my time. the question wont close and if you have any follow up question late you can always post
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Customer: replied 1 year ago.
Thanks for your advice Matt, that's great.Regards
Dave