PETALING JAYA: Which party is liable for damage caused to a vehicle when it is parked at a car park?
The issue of liability was raised recently when a motorist, Preshila Karunagaran, 27, discovered that her car had been damaged after parking it at a car park near the Puchong Prima LRT station.
Preshila, who works as a front desk receptionist at a hotel in Kuala Lumpur, said: “It’s disheartening, especially considering that I parked my two-month-old car in the car park on the assumption that it would be safe. I feel violated knowing that someone hit my car and ran away.”
She said she had to deal with the inconvenience of sending her car to a workshop and paying for the repairs, adding that when she approached a car park attendant, he claimed that he was unaware of the incident and that the CCTV there was not functioning.
“I lodged a police report, but there was little they could do since there was no evidence of who damaged my car.
“It’s unfair that I have to shoulder the cost for someone else’s misdeed. I wanted to file a claim with my insurance company, but that would take a few weeks to process.
“In the end, I paid RM4,859 to change the windscreens, two pairs of tyres and so on,” she added.
Lawyer Siva Ganish Sudrarajoo said car park operators can be held liable for damage to parked vehicles under contract law and the tort of negligence.
He said individuals have legal options and remedies available to them, including filing a civil claim for monetary compensation based on the tort of negligence and breach of contract.
“In Malaysia, the liability of car park operators under contract law is governed by the Contracts Act 1950. Their liability under tort is determined based on case law, with Donoghue vs Stevenson being the precedent followed by Malaysian courts,” he said.
In a landmark case, the Court of Appeal in Euro Rent A Car Sdn Bhd vs Sunway Parking Services Sdn Bhd (2020) held that the car park operator could not rely on an exemption clause to evade liability since the motorist had paid a fee to park at the facility. Hence, the parking operator must be held liable for negligence.
“When pursuing compensation for damage (to a vheicle) in a car park, it is important to be aware of the statutes of limitations.
“Legal action based on contract or tort must be filed within six years from the date the cause of action is accrued, as stipulated by the Limitation Act 1953.”
To strengthen a case against a car park operator, he emphasised that the factors and evidence taken into account when determining liability include both oral and documentary evidence.
“Claims for losses and damage can be made directly against the car park operator or through the individual’s insurance company, provided the loss or damage is covered by the insurance policy.
“Individuals should gather documentation such as a copy of the parking ticket or receipt to prove that they parked their vehicle at the operator’s car park.
“Dashcam footage or pictures or videos of the car park surroundings may also serve as crucial evidence, especially in cases of theft or negligence,” he added.
