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Jo C.
Jo C., Barrister
Category: UK Traffic Law
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Experience:  Over 5 years in practice.
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I own a dental practice which has a small car park used by

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I own a dental practice which has a small car park used by staff/ patients. A patient has complained that she believes another of my patients has caused damage to her car whilst parked in the car park. The complaint was made some 16 days after the alleged incident took place. There were no witnesses, nor did the patient complain at the time. She is trying to claim £280 from us for negligence/ lack of observation, although she does not say why she believes there is negligence. We have the usual waivers displayed in situ and I believe the patient is making this all up. Am I legally obliged to provide my insurers details?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Does she have the other drivers details?

Customer: replied 1 year ago.

No - there were no other drivers involved. We made inquiries, and one of the patients informed us that the claimant was actually blocking the driveway with her car parked half in and out of the driveway. The patient said that when he came out of treatment, the claimant had already left. She also claims to have been hit nearside rear. As her car was forward parked into the car park, then it would have been technically impossible for her car to have been damaged by anyone else in the car park. As there was no complaint made at the time of the alleged incident, then we didn't know anything ad happened. The claimant did ask for details of all the patients who were there at the time she was, but we declined due to data protection.


 

Expert:  Jo C. replied 1 year ago.
Thank you for the information.

On what possible basis does she say that you are liable for this? What does she think you should have done that you didn't?
Customer: replied 1 year ago.

I quote the following "Our client considers that the accident occurred through your negligence and/ or breach of statutory duty (or through the negligence and/ or breach of statutory duty of your servants, agents or customers) and claims damages accordingly"

Expert:  Jo C. replied 1 year ago.
Thanks for the information.

I don't think you need to worry about this on the facts that you present. The law only requires you to do what is reasonable. You are not under a duty to set up a recognisance operation upon your car park.

In any event, the fact that she didn't make this allegation until a belated stage is also helpful as one would normally expect her to make a complaint immediately.

On the point of your insurance though. You don't have to provide this at all. This is not a road traffic matter. There is no offence in failing to do so.

However, refusing the insurance information will not mean they cannot claim. It will just expose you to liability.

For this sum of money it might be worth dealing with it yourself if insurance increases are an issue. However, you should be aware thats a risk.

Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64939
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

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