What happens if my car is impounded and I cannot get it back straight away?
- 15.08.2026
A delivery truck damaged part of our loading dock while a driver from an external transport company was manoeuvring on our property. The transport company says it was our fault because our dock layout is difficult. How is responsibility usually decided?
Responsibility depends on the specific circumstances, including which party had control over the manoeuvre, whether the site presented hazards that should have been identified and managed, and whether either party failed to take reasonable care. Under general negligence principles, and health and safety duties under the Health and Safety at Work Act 2015, both the business operating the premises and the transport company have overlapping duties to manage risks so far as reasonably practicable, for example ensuring the site is safe for deliveries and that drivers are competent and take appropriate care. If your site has known layout issues, you may have an obligation to provide warnings, signage or guidance to drivers, and failing to do so could affect apportionment of liability. Review any contract or standard terms with the transport company for liability and indemnity clauses, gather photographs and witness accounts, and notify your insurer, since property and liability insurance may respond to the claim either way.
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