Carole, a resident of Amiens, encountered issues after her car was damaged by a poorly marked anti-parking island. Despite her appeal for compensation being denied by the town hall, legal expert Master Rémy Josseaume explains that cities must provide clear signage for such structures. To prove liability, it’s crucial to document the incident, gather evidence, and consider the legal timeframe for complaints. Acknowledgment from the road department regarding the island’s design raises further questions about responsibility in similar cases.
Understanding the Incident: Carole’s Experience
Carole, a resident of Amiens in the Somme region, recently faced a frustrating situation after parking her vehicle. She described how she executed a parallel parking maneuver on a familiar street, only to find her bumper damaged by a newly installed anti-parking island that lacked any visible signage. Despite reaching out to the Amiens town hall for compensation, her request was denied. What options does she have in this scenario?
The Rules Surrounding Anti-Parking Islands
In Carole’s case, it’s important to clarify that the object in question is not merely a post, but rather an anti-parking island designed to prevent vehicles from parking too close to garage entrances. While these structures typically measure around twenty centimeters in height and can extend over a meter in length, there are no specific regulations governing their installation. Legal expert Master Rémy Josseaume notes that, unlike posts—which must be at least 50 centimeters tall—anti-parking islands lack defined guidelines.
So, how can one address concerns regarding their placement? According to Master Josseaume, cities are obligated to ensure clear signage for such structures. In Carole’s situation, the crux of the matter is whether the island was adequately visible to drivers. If deemed insufficiently marked, the city could bear responsibility for the incident.
Proving Fault in an Accident
If you find yourself in a similar predicament, it’s essential to document your case. Sending a letter to the town hall outlining the dangers posed by the poorly marked island is a good start. Take photographs of your vehicle’s damage on the same day and gather contact information from any witnesses. Engaging with neighbors who may have experienced similar issues can strengthen your position.
After Carole’s initial letter to the town hall was met with a refusal—where she was partly blamed for not being vigilant—she learned that the timeframe to file a complaint with the administrative court is typically two months. The court will review the circumstances surrounding the incident, including visibility conditions and the presence of any markings, to determine liability.
In Carole’s case, a representative from the Amiens road department acknowledged that the anti-parking island was indeed poorly designed and suggested it should be made wider. Carole is hesitant to involve her insurance, and this decision is advisable, as a ruling against her could classify the incident as her fault, leading to penalties from her insurer.
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