Damage to Motorbike in Private Carpark

Colombian on 05/02/2014 - 16:01

Hi guys, I have a scooter which I ride to go to work everyday. I park the bike in a private carpark where there are furnished apartments to rent. Two weeks ago the manager of the building hit my bike with a trolley cart and my bike fell. The bike got scratches in the side where it fell. My supervisor was a witness as she was with the manager and I also witnessed the infortunate event.

The manager tried to pay me through his company's insurance but the would not pay as the company says that the carpark stipulates that you park on your own risk.

Today she tried to convince me to accept some money (less than half of the quote) as I would not stand a chance in a court as it was a work related incident and that the company would not pay for it.

I keep insisting that she has to pay for the damages it does not matter the company's policy because she is responsible for the incident.

As I'm not Australian and I don't know anything about these kind of situations, I would like some enlightening to this issue.

I don't have insurance for the bike and the quote is for $1200 to fix/replace all the parts. (that as a cheap quote). The bike is almost 3 years old but it is like new, just has 8000 km and I did not have any scratches or bumps until 2 weeks ago.

I forgot to add that I went to the police today and the lady told me that it was a civil matter, therefore they are not involved.

Automotive

Comments

    • Colombian on 05/02/2014 - 16:13

      Thanks but I need something easier to read and understand.

    • lisss on 05/02/2014 - 16:17
      +1

      In that case the person was trying to claim against the carpark owners/managers when he injured himself in a carpark.

      OP's case is different - they are pursuing the person who damaged their bike, not the carpark owner/manager simply because they are the owner/manager. An analogy - I park in a supermarket carpark and hit someone's car. I can't claim that I am not liable for that damage simply because people park in the public carpark "at their own risk". It's not relevant whether or not I own/manage the supermarket carpark, what is relevant is that I caused the damage.

      • SirFlibbled on 05/02/2014 - 16:34

        sorry misread it, thought he was talking about the carpark manager. Mind you the carpark might be managed by the building, the often can be in residential buildings.

        The OP will need to clarify.

        • Ayanami on 07/02/2014 - 00:37

          Yeah, a bit more clarity is needed here, particularly regarding the potential working relationships.

  • lisss on 05/02/2014 - 16:12
    +4

    It is not relevant whether you park in the carpark "at your own risk". If the building manager's company's insurance will not cover it, then that's unfortunate for them but they are still liable for causing the damage.

    I think that your claim would be against the company she works for, and it would be an easy and inexpensive case to bring in court (the specifics vary across states but for that small an amount of money you also don't need legal representation in court).

    The fact she's trying to get you to accept half of the amount demonstrates the company knows they'll have to pay - if they honestly thought they didn't, why would they offer anything?

    It's definitely not a police matter, the police were correct in that respect.

    • [Deactivated] on 05/02/2014 - 20:50

      If the building manager's company's insurance will not cover it, then that's unfortunate for them but they are still liable for causing the damage.

      Depending on the situation, the employer may not be liable. OP should probably direct a letter of demand to the building manager, and let the building manager sort it out with his employer.

      OP, contact your state's legal aid as they should be able to give you solid advice (no offence to the legal eagles here).
      If you are in Adelaide as per your profile, check out http://www.lsc.sa.gov.au/

  • Colombian on 05/02/2014 - 21:19

    Thank you for your responses. What I'm trying to find is if the manager has the responsibility or not. She says that it was a work related incident and because of that she should not be liable for the damages but the company. She says that so I don't have any arguments here but I disagree with her statement.

    • [Deactivated] on 05/02/2014 - 21:47
      +1

      It sounds like the building manager is responsible, and they or their employer will be liable.

      Smart-you would phone your state's legal aid tomorrow to get solid advice.

      I think you'd likely send a proper letter of demand with a copy of the quote to the person-at-fault (not as their role of employee), giving them an opportunity to pay for the damages before you commence legal action, and let them sort out liability with their employer. But again, talk to legal aid.

  • Shonky on 05/02/2014 - 22:19
    +2

    Manager is responsible. Private property makes no difference to you. The manager's company insurance might not cover them for damage they cause on private property but again that is not relevant to you.

    They still caused the damage full stop and are thus liable. Whether they pay out of their pocket or have insurance that pays for them is not your problem.

    Write "letter of demand" to manager with reasonable quotes (do not send lower value ones since they will probably try and bargain starting with the lowest price).

  • [Deactivated] on 05/02/2014 - 22:51

    This is why you should have insurance. Same thing happened to my CBR250r in a block of units. I left it in the wrong car-park overnight and the stupid fat crazy cat lady tried to move it, on a hill, steering lock and all. Swann paid, held her at fault, and I believe is currently taking her to court/debt collectors/whatever. I haven't had to deal with her since getting her name/address. She left an incriminating note though, and claimed that she "wouldn't pay a cent because it was in her car park".

  • djkelly69 on 06/02/2014 - 08:40
    +1

    As stated above - person who caused the damage is responsible for their actions. It is irrelevant to you whether she is covered by her employer's insurance or not.

    Tell her you want the full amount for the quote to repair the damage, and if not take her to small claims or whatever. She is probably just trying to bluff you / rip you off as it is coming out of her own pocket.

  • Colombian on 06/02/2014 - 16:01

    Thank you for all your answer guys. My supervisor told me today after reporting the issue to her boss that the company advised to deal this matter with the manager directly. It is a matter of the manager if she wants to sue the company for that work incident but she should be responsible for the payment to get my bike fixed.

    I'm going to speak to the manager tomorrow again, if she does not agree to fix my bike at her expenses I will write a letter of demand.

    I'll let you know what is going to happen from here.

  • zambuck on 07/02/2014 - 13:09

    I'm not a lawyer, however my understanding of the "at your own risk" clause is that it basically protects the owners of the parking facility from you claiming that they should have done more to protect your vehicle. ie. "My car was stolen and you should have had more cameras in place to prevent it", or "An unknown person pushed my bike over and you should have had a protective railing, so pay up."

    An act of clear negligence, such as running a trolley into a vehicle, would seem unlikely to be covered by any such exclusion, and if you know who caused the damage, I'd think you should be able to pursue that individual in the same way as any other traffic incident. Let all the corporate relationships be that person's concern.

    Of course if you did need to make a legal case of it, just remember nobody really wins but the lawyers, so negotiation of a lower amount, perhaps consistent with what you might otherwise have had to pay as an insurance excess, shouldn't be ruled out. It may unfortunately be the price you pay for not having insurance.

    • Colombian on 07/02/2014 - 15:42

      Hi Zambuck, I understand that being a minor civil claim, you don't have to use a lawyer for that or am I wrong?

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