The Car Has Been Damaged in a Residential Car Park by The Fallen Downpipe. - Whose Liability Is This?

YB on 04/02/2020 - 21:37
Last edited 06/02/2020 - 13:58 by 1 other user

Hi all,

My car was parked in its designated spot in the residential unit. FYI, the whole building owned by a single owner and managed by one real estate agent/strata. I am a tenant.

Please refer to attached picture. rusted downpipe falls on my car, left-hand side mirror of my car has been broken with few scratched on the front left door.

Contacted a real estate agent for them to accept liability and repair my car under their insurance. Agent denies liability by saying "it was an accident, contact your car insurer and fix it"

I have set an excess amount of my insurance is $2000 to reduce insurance premium as I am confident for my driving. I am hesitant to go to insurance just in case I will have to pay an excess.

I am with Woolworths car insurance. They asked me to check with building management first, if they are taking liability then I don't need to lodge a claim with my insurance.

Whose liability is this?
What option do I have?

Please advise. Many thanks

Automotive

Comments

  • Richardc on 05/02/2020 - 23:06

    If just the side mirror, get a qoute for a new one from dealer + paint + installation and give it to building management, then just get a 2nd hand and put in on yourself, takes 10-30mins.

    • fozzie on 06/02/2020 - 07:52

      The car also got scratched

  • capslock janitor on 06/02/2020 - 09:55

    the pipe owner is AT FAULT..

  • userid007 on 06/02/2020 - 10:18

    what if the downpipe is landed on a person. will the strata responsible in that case ?

  • [Deactivated] on 06/02/2020 - 10:48

    I don't think you should pay but no one really cares what I think. This could only be made worse if the pipe fell and landed in the letters FU.

  • YB on 06/02/2020 - 14:02
    +4

    Many thanks to all, I have contacted building management again, they have asked me to provide a quotation for repair to pass on to the owner, I am waiting for a quotation from a repairer.

    • Samsungnote10 on 10/02/2020 - 21:02

      Please keep us posted
      I like it when justice is served

  • Wiser on 06/02/2020 - 22:37

    It is pure negligence from their part.
    If an occupant or even a vistor was injured will they use the same excuse. No way, they are just trying to get out of their liability.

    Claim on your insurance and tell them that you will not pay excess as you are not at fault.
    If they insist pay and get your car fixed then lodge a complaint with IIO

  • YB on 24/03/2020 - 07:55
    +1

    I have received damages from building management.
    Thanks to all for your suggestions and guidance. Many thanks. Much appreciated

    • rambao9 on 26/03/2020 - 00:04

      Thank you for the update, this is often a rare sight around these parts

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