Drove into work car park at 5.20am very dark in car park at that time of the morning,in the process of parking I hit a pallet which had been placed in one of the parking bays resulting in $750 of damage to my front spoiler, another employee drove into other car spot hitting the pallet in that spot, but no damage to hers as she has a 4 wheel drive,we both filled in accident and safety reports.The employee from another work site had placed the pallets there to stop personal from parking there the next day because we were getting skips delivered for rubbish collection.The employer says they are not responsible,industrial relations won't help,safety at the work place won't help.What can i do i am still waiting on employer to send me the person responsible details as he's disconnected his phone, would the police charge him with property damage if i involved him ? I can no afford to fix damage what to do?
No. Unlikely to be any criminal intent, and based on your post I can't see any.
Hmmm, you drive into a stationary object and want someone to pay all your damage?? Unlikely to happen. At best it sounds like the other employee was a contributory person unlikely to be responsible for more than 50% of the damages, with you being responsible for the other 50% or greater.
You've said it was "very dark", but there was no comment as to whether you had your lights on. So, on a very big assumption of course, IF:
- you didn't have your lights on;
- it was dark enough to warrant having them on; and
- you could reasonably have seen the pallet had you had your lights on and avoided the impact,
then you might find you end up wearing more than 50% of the liability even if you make a claim.
- you didn't have your lights on;
- it was dark enough to warrant having them on; and
- you could reasonably have seen the pallet had you had your lights on and avoided the impact,
then you might find you end up wearing more than 50% of the liability even if you make a claim.
Had my lights on as you drive through gates there is only three car spots on left side where a pallets had been placed on the first two you drive into the spots when empty of cars so you can reverse into the car spaces on opposite side, on the left side the parking spots are a bit lower than the drive so you don't really see anything on the ground, remember two of us drove into each of the spots to reverse to opposite side and the other girl was in a four wheel drive sitting up higher than me and she also hit the other pallet,then another employee drove into the other spot at the top which had no pallet in it and got a fright as she nearly hit the pallet on the side that I had hit full on,so I think it's quite clear that the pallets were dangerous where they had been placed because the three of us who parked two hit and the other just missed, she said also if she'd used one of the other spots she would also have damaged her car.I feel the employee caused the accidents he should have used reflective signs not timber lying on concrete and expecting it to be seen.
There is never anything other than a car in parking bays have been using them for eight years.
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