Golf Buggy hit my car on road - who is liable?

[fiftywheels]

A local golf course has a public road between two halves of the course so golfers have to cross public road. A golf buggy shot out of concealed exit and slammed into side of my car damaging paintwork likely re spray of a door as metallic paint.

Golfer refused to give me his details and said to speak to golf club. They are saying they don’t think they are responsible even though it was their buggy, they also said they could not give me his details without permission due to GDPR!

I can claim on my car insurance but why should I lose my excess and no claims bonus?

is there anyone able to advise where I stand legally? Have reported to police and google says it would be classed as a hit and run as he refused to give his details. I think golf club are liable as it is their buggy

I've always wondered about this as I quite often have to drive on a B road where a golf course straddles the road. There are warning signs about golfers, but have never seen a buggy. But I would be so cross. The police can do more than they are saying.

Usually public liability insurance policies have a specific exclusion for losses that arose from the use of a motor vehicle, even if it was stationary at the time.

I wouldn’t go through insurance company I would bill the gold club for cost of re spray - a bus did that to me and they just paid me £400

I am not sure in what way you think you are disagreeing with me. As far as I can see, you aren't.

The driver is definitely liable. The golf club may have (and possibly should have) insurance to cover the driver, but the driver is always liable if there is an accident.

@Unexpectedlysinglemum - The situation with buses is a little different. The driver is an employee of the bus company, so the company is vicariously liable. This golfer is almost certainly not an employee of the golf club, so the club is not liable. If OP sends the bill to the golf club, they can simply refuse to pay it. She needs to report this to her insurers. Her policy almost certainly requires her to inform them of this incident.

What happened in the end?

actually - the golf club are wrong about GDPR - there are far too many excuses made under the name of GDPR - and there are a number of legal reasons why information can be shared - one of which is for 'legitimate interests'...

I would write to the golf club and ask whether they wish to be a part of the court case and sued alongside their member, or whether they would prefer to release the details under the GDPR legitimate interests clause in which case you will only sue the member...

If the golfer is a member of the club then they will be covered by insurance. This is standard for all golf clubs memberships.

1. report to police
2. get paper trail with the golf course
3. get your car insurance co to make the claim with the course/golfer. They will be able to get said individuals details.

Waited a week for golf club to come back to me, they said we’re speaking to insurers. Chased several times, no update
In the end told my car insurance to deal with it, after 3 days they said was non fault claim and car now repaired
thanks for everyone’s advice!
one thing it prompted me to do was protect my no claims bonus, insurance renewal came through before it was resolved and had initially gone up by £400 eek
protection cost me £40 and no claims restored now, so got there in the end!!

Golf club are liable as they allow members to drive their mechanically propelled vehicles on a public roadway without due skill care and attention and presumably correct road worthy insurance. Get a Solr letter to golf club.

A golf club member driving on the public roadway without due skill, care and attention does not make the golf club liable, any more than a car hire firm is liable if the driver of a hire car has an accident due to their poor driving.

We don't know if the golf club has insurance in place for using the buggies on a public road but, if they are simply crossing the road and not driving along it, it is likely that no insurance is required.

The person driving the buggy is clearly liable. The golf club is not.

Incorrect, golf club is liable, they provide the buggies, they choose who can have access to them, they design the golf club roadways and access routes and they decide where the golf buggies can go, as per their rules. If the route passes over a public roadway, with public traffic, then they approve of that route. Golf club liable (as long as buggy is not stolen).

I am correct. Please don't give legal advice when you clearly don't know the law. None of the things you list make the golf club liable. A car hire company provides the cars and chooses who has access to them, but they are not liable when someone has an accident driving one of their cars. The fact the golf club designs the roadways and access routes and decides where the golf buggies can go is irrelevant. None of that caused the accident. The golf club is only liable if the accident was due to negligent maintenance of the buggy. If it was not, liability clearly lies with the driver of the buggy. They caused the accident by driving out of a concealed exit without properly checking the road was clear. The golf club did not cause the accident so is not liable.

A golf club, is not the equivalent of a car hire company!

The golf club decides who can sit behind the wheel of the golf buggy, you have no knowledge of the law. Golf club is liable for golf member driving golf buggy into another vehicle. If the golf buggy was stolen, that's another matter, but if used within the members entitlement around the golf course, then golf club is responsible.

Many posters who know me will find it incredibly amusing that you say I have no knowledge of the law.

A car hire company gets to decide who sits behind the wheel of their cars, which is why my analogy is correct.

Unless the golf club somehow caused the accident, e.g. by failing to maintain the buggies properly, they are not liable. Primary liability always rests with the person who caused the accident. In this case, that is the driver of the buggy. There is no evidence that the golf club has been negligent, so they are not liable.

just spoke to police, they are saying nothing they can do

That's meaningless - it's their default response to anything they can't be bothered with. Remember how they go on full alert for hurty words on Twitter and prove me wrong.

You are embarrassing yourself. You’re arguing with a solicitor.

@fiftywheels It might be worth having a free chat with these solicitors and seeing if they think you have a case against the golfer (and their insurance), if only to teach them a lesson for crashing into you yet refusing to give you their details:

www.mglegal.co.uk/golf-accident-claims/#:~:text=Whether%20they%20hit%20a%20golf,golfer%2C%20that%20pays%20your%20compensation.

If they had crashed into me and not given their particulars I would simply dial 999

send Golf club a bill for this!! If they refuse to pay take them to small claims court! They are liable for this as it’s their fault you are having to pay this now

No, the golf club is not liable as has been explained repeatedly on this thread. To hold them liable OP would have to show that they were negligent and that their negligence caused the accident. There is no evidence that they were negligent. The accident was caused by the driver of the buggy coming out of a concealed entrance without adequately checking that the road was clear. Nothing the golf club did or didn't do caused the accident. If OP takes the golf club to the small claims court, she will lose.

The golf club is liable, because they organise the open insurance that covers the golf buggies. The insurance company that will eventually pay out is organised by the golf club.

If the driver was reckless, the golf club can attach him/her to proceedings, the victim of the impact can pursue the golf club first.

The golf club is also responsible for designing the lay out of the golf buggy access routes, and if this involves crossing a public roadway, then they will be liable for creating that potential hazard. Is there a stop sign there, correct road markings etc, a speed bump to slow the golf buggies down?

Before allowing access to the golf buggies, the golf club should take particulars from the drivers. The drivers details are within the knowledge of the golf club.

The golf club may well have insurance for their members driving the buggies, in the same way a car hire business has insurance for hirers driving their cars. That does not make the golf club liable. To hold them liable, you have to show that they have been negligent and that their negligence caused the accident. There is no evidence whatsoever that the golf club has been negligent. The driver of the buggy was negligent by coming out of a concealed entrance without adequately checking that the road was clear. The driver is clearly liable. The fact they may be covered by the golf club's insurance does not alter that fact and definitely does not make the golf club liable.

Any vehicle on a public road, must be insured for road usage. Victim of impact should request particulars of the golf buggy insurance from the golf club. If the course is designed to require occassional public road usage by golf buggies, then the golf buggy should be insured under a Road Risks motor policy, that covers third party liability.

Alternatively the golf club might hold a fleet or motor traders policy covering all golf buggies for occasional road use.

This ensures if a member causes an accident, the insurer will cover the damage to the 3rd party vehicle.

Golf club rules may require buggy drivers to follow safety instructions, etc, need to check those rules.

The golf clubs motor policy covers usage of club owned buggies by club members. If a member causes an accident in their capacity as a signed up and fully paid member of the club, whose rules entitle that member to drive a club owned buggy under a club arranged insurance (which caters for occasional public road usage due to lay out of the course), then the buggy driver is covered by club insurance.

OP : Needs to make enquiries about the club rules and buggy insurance.

Its also possible there will be an excess (or deductable) under the insurance policy, meaning the driver or club will have to pay out a certain amount before the insurance will. The specific will be in the policy.

Any vehicle on a public road, must be insured for road usage.

The buggy may simply have been crossing the road, in which case no insurance is required as far as the law is concerned. If the golf club has insurance (which they probably do), that will cover the driver and their insurance will pay out. However, as I've said previously, that does not make the golf club liable. Unless OP can show the golf club has been negligent in some way, she does not have a case against them. Any legal action would be against the driver.

However, since OP's insurance has sorted this out, this is all academic.

Any driving on a public road, even for a few seconds necesitates insurance cover.

Yes moot point now. Please don't presume to shut people down, many people on mumsnet have legal qualifications.