Key Takeaways:
- The liable party depends on whether the incident involved a hit-and-run, negligent parking, or natural causes.
- Under South African law, drivers who cause damage and flee can face criminal charges.
- Bidvest Insurance’s Scratch and Dent Insurance provides affordable cover for minor cosmetic repairs.
You return to your car after a quick grocery shop, only to discover a scratch running along the door panel. There’s no note on your windscreen, no witnesses in sight, and you’re left wondering who’s responsible, and who’s going to pay for the repair.
Whether someone reversed into your car, a shopping trolley caused the scratch, or strong winds blew debris into your vehicle, understanding who is responsible is important.
Understanding Different Parking Lot Scenarios
Parking lot scratches or dents can happen in many ways, and the circumstances surrounding the damage affect who’s liable for the damage.
Hit-and-Run Situations
A hit-and-run occurs when another driver damages your vehicle and leaves without providing their details. Under the National Road Traffic Act of South Africa, leaving the scene of an accident, even a minor one, is a criminal offence.
If you’re the victim of a hit-and-run, your Comprehensive Insurance should cover the damage, though you’ll pay your excess. This is where Scratch and Dent Insurance becomes invaluable, it covers minor repairs with zero excess fees.
Negligent Parking and Door Dings
The most common parking lot damage occurs when someone carelessly opens their door into your vehicle. The person who opened their door is liable for the damage, as they had a duty of care to check their surroundings.
Proving who caused the damage, however, can be challenging without witnesses or CCTV footage. Even if you get the CCTV footage, finding the person responsible is a near impossible task. That’s why it’s better to be safe than sorry and have Scratch and Dent Insurance from Bidvest Insurance.
Shopping Trolley Damage
When a shopping trolley scratches your car, liability depends on what caused the trolley to move. If another shopper pushed it into your vehicle, that person is liable. In practice, identifying who pushed a rogue trolley is nearly impossible, which is why having Scratch and Dent Insurance is essential.
Legal Liability Under South African Law
Understanding your legal position is crucial when dealing with parking lot damage.
The Duty of Care Principle
Under South African common law, every driver has a duty of care to other road users and property owners. This duty extends to parking lots, even on private property. If a driver breaches this duty, they’re liable for any resulting damage.
Requirements for Reporting Accidents
According to the National Road Traffic Act, you must report any accident to the South African Police Service within 24 hours if the damage exceeds R10,000 or if someone was injured. For minor scratches below this threshold, reporting to the police isn’t mandatory.
Always obtain an accident report number from the police when you do report an incident. This document proves the damage occurred and supports your insurance claim.
What to Do If Your Car Gets Scratched
Taking the right steps immediately after discovering damage can make the difference between a successful claim and a denied one.
Document the Damage Immediately
Before moving your car, take clear photos from multiple angles. Capture the overall scene, close-ups of the damage and any potential evidence like paint transfer. Note the date, time, and exact location of the incident.
Look for Witnesses and Security Footage
Ask a nearby car guard if they saw what happened. Get their names and contact numbers, witness statements can be invaluable. Check whether the parking area has CCTV cameras and contact security immediately to request footage.
Report to the Authorities
If the damage is significant or you suspect a hit-and-run, report the incident to your nearest South African Police Service station. The police will issue a case number.
Contact Your Insurance Provider
Notify your insurance provider as soon as possible after discovering the damage. Have your policy number, photos, and any police report details ready when you call.
How Insurance Covers Parking Lot Damage
Understanding how different insurance products respond to parking lot scratches helps you make informed decisions about your cover.
Comprehensive Car Insurance
Comprehensive Car Insurance typically covers major parking lot damage caused by other vehicles, vandalism, or environmental factors. However, making a claim means paying your excess. For minor scratches where the repair cost is much lower than your excess amount, claiming might not make financial sense.
The Benefits of Scratch and Dent Insurance
Scratch and Dent Insurance from Bidvest Insurance specifically addresses this gap. This specialised cover protects you against minor cosmetic damage without the drawbacks of claiming on your comprehensive policy.
Preventing Future Parking Lot Damage
Whilst you can’t eliminate risk entirely, smart parking habits reduce your chances of returning to a scratched vehicle.
Park further from entrances where there’s more space between vehicles. Look for end spots where you only have one neighbouring vehicle. Avoid parking next to vehicles that are poorly parked or straddling lines.
Even with the best precautions, parking lot damage can still occur. That’s why having insurance cover isn’t optional – it’s essential. Bidvest Insurance offers flexible options that protect you without breaking your budget.
Frequently Asked Questions
Am I Liable If My Door Hits Another Car?
Yes, you are liable if you open your door and it strikes another vehicle. Under South African law, you have a duty of care to check your surroundings before opening your door. Failing to leave your details could result in criminal charges.
What Happens If I Can’t Find Who Scratched My Car?
If you cannot identify the person who damaged your car, you’ll need to claim through your own insurance policy.
Does My Insurance Cover Shopping Trolley Damage?
Most comprehensive car insurance policies cover damage caused by shopping trolleys, as this falls under accidental damage. However, you’ll need to pay your excess. Scratch and Dent Insurance offers a more cost-effective solution with zero excess fees.
Can I Claim If the Scratch Happened on Private Property?
Yes, you can claim for damage that occurred on private property, including shopping centre parking lots. Your insurance policy covers your vehicle regardless of where the damage occurs.
Protect Your Vehicle With Bidvest Insurance
Parking lot scratches are frustrating, unpredictable, and unfortunately common in South Africa’s busy urban centres. Whilst you can take precautions, you can’t control other drivers’ behaviour or prevent every potential source of damage.
With Bidvest Insurance’s Scratch and Dent Insurance, you’re protected against minor cosmetic damage that comprehensive policies often make impractical to claim for.
Don’t wait until you’re facing a repair bill. Complete the form below to get Scratch and Dent Insurance from Bidvest Insurance.
