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)

Ayee o, the tree owner and the tree be jailed

Act of God. The car owner bears the cost.

This is limote contlol flom virage owner should no go back near that vehicle!

I think the owner bears the cost because it is always written "car parked at owners risk"

lonelydora:
I think the owner bears the cost because it is always written "car parked at owners risk"

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.

stephenponti:


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.

If it's a paid parking, then the people should bear the cost. Get a good lawyer and you are good to go.

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.

Let your insurers determine that.

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

miccoy:
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

If the mall insinuet "it's an act of God" as someone said before what next?

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.

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

stephenponti:


If the mall insinuet "it's an act of God" as someone said before what next?

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.

Any body but the car owner is fine for me.

Maybe na juju money den use buy the car....

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

Local govt

the tree should pay

this topics sounds odd

insurance company na


if no insurance

u and d park to share d money

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***

The car park owner pays

d old woman following him from d village has to be arrested and she will pay for the car

Blame nature

Thank Jarastafarai Uli Kalai Ishinguli that no person was inside.... now the insurance company of the car is sure paying then other appurtenances follows.

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"

burn the tree down 1st....

Its force majeur, so all losses belong to the owner.