Car damage claim advice
Discussion
HI Guys,
Just after a spot of advice.
My neighbours car was damaged by the door on the bin store in the storm a few weeks back.
The door was broken, is as much as it wasn't closing fully, allowing the wind to whip it open, and causing the damage on the wing of her car as seen in the photo.
The door has since been repaired.
Importantly, the door had been broken for some time, during at the very least, one 'site visit' by the management company.
The management company aren't interested.
I'm just helping her out here with a letter to start with, and my thoughts currently are.
The door was is poor repair and not picked up during a site visit by the management company.
The damage would not have occurred had the door been fully closed
Therefore <management company> were negligent in their duty and are therefore responsible for the cost of repair.
Thanks in advance,
Martin
Just after a spot of advice.
My neighbours car was damaged by the door on the bin store in the storm a few weeks back.
The door was broken, is as much as it wasn't closing fully, allowing the wind to whip it open, and causing the damage on the wing of her car as seen in the photo.
The door has since been repaired.
Importantly, the door had been broken for some time, during at the very least, one 'site visit' by the management company.
The management company aren't interested.
I'm just helping her out here with a letter to start with, and my thoughts currently are.
The door was is poor repair and not picked up during a site visit by the management company.
The damage would not have occurred had the door been fully closed
Therefore <management company> were negligent in their duty and are therefore responsible for the cost of repair.
Thanks in advance,
Martin
Edited by mph999 on Saturday 9th April 20:12
From my understanding you are thinking along the right lines.
The issue is going to be how long the door was insecure for, what steps the management copany took to fix it, when they were notified it was insecure etc.
It may be they can prove that they noticed it on their inspection, immediately instructed someone to fix it, but the damage occured before it was fixed but thats not their fault.
The issue is going to be how long the door was insecure for, what steps the management copany took to fix it, when they were notified it was insecure etc.
It may be they can prove that they noticed it on their inspection, immediately instructed someone to fix it, but the damage occured before it was fixed but thats not their fault.
Silly point I know, but so be aware the ‘management company’ is not a mythical beast but manages the estate on behalf of the leaseholders.’
This repair will end up on the service charge unless someone argues that they were also in breach of contract or negligent in some way towards the ‘estate’.
This repair will end up on the service charge unless someone argues that they were also in breach of contract or negligent in some way towards the ‘estate’.
In a storm, it's hard to prove anyone was negligent.
Had the issue been raised with the management co?
How long before?
Who shut th door last? Did they do what they could to secure it?
Did the car owner know the door was dodgy? yet still chose to park there? Didn't do anything to secure the door?
Basically, the car's insurance will pay, subject to excess and all that.
It's sensible to think about where you park in 'big weather', and make sure the stuff you care about is well insured.
Had the issue been raised with the management co?
How long before?
Who shut th door last? Did they do what they could to secure it?
Did the car owner know the door was dodgy? yet still chose to park there? Didn't do anything to secure the door?
Basically, the car's insurance will pay, subject to excess and all that.
It's sensible to think about where you park in 'big weather', and make sure the stuff you care about is well insured.
All good points, thank you.
Parking can be a bit limited, so she may have had no choice.
The doors have closing mechanisms on them, like you see on fire doors, when working they close quite tightly and require quite some effort to open.
I’ve looked back on the site visits, it was picked up in March (after the event) it was broken well before then, at least a couple of months.
The problem will be proving that. Although I suspect some of the neighbours will confirm, not sure how well that will stand up.
Aware her insurance will cover if need be, but ultimately this at cost to her.
Also aware that it could end up on the service charge, or claimed from the buildings insurance - my whole point is to ensure this doesn’t happen, the management company screwed up, should be at their cost, not ours.
As mentioned by surveyor, my argument is they were negligent in as much as it wasn’t fixed in good time having been missed on the site visit(s).
Parking can be a bit limited, so she may have had no choice.
The doors have closing mechanisms on them, like you see on fire doors, when working they close quite tightly and require quite some effort to open.
I’ve looked back on the site visits, it was picked up in March (after the event) it was broken well before then, at least a couple of months.
The problem will be proving that. Although I suspect some of the neighbours will confirm, not sure how well that will stand up.
Aware her insurance will cover if need be, but ultimately this at cost to her.
Also aware that it could end up on the service charge, or claimed from the buildings insurance - my whole point is to ensure this doesn’t happen, the management company screwed up, should be at their cost, not ours.
As mentioned by surveyor, my argument is they were negligent in as much as it wasn’t fixed in good time having been missed on the site visit(s).
Edited by mph999 on Sunday 10th April 11:01
It depends what kind of service level you think you are paying the management co for.
Do you expect them to inspect, check and test everything? How often? How many man-hours a month are you paying them to do that?
I'd mostly expect them to do required checks like fire alarms, servicing some things, 'safety' stuff and deal with logged faults.
Their contract should be clear what you're paying them to do.
Is there a procedure for getting them to fix something? Was it followed?
It's a storm, a lot of people ended up out of pocket ne way or another, a small dent is towards the 'get it fixed, move on' end of the spectrum IMHO.
Unless someone consciously decided not to bother to do their job so to speak.
Do you expect them to inspect, check and test everything? How often? How many man-hours a month are you paying them to do that?
I'd mostly expect them to do required checks like fire alarms, servicing some things, 'safety' stuff and deal with logged faults.
Their contract should be clear what you're paying them to do.
Is there a procedure for getting them to fix something? Was it followed?
It's a storm, a lot of people ended up out of pocket ne way or another, a small dent is towards the 'get it fixed, move on' end of the spectrum IMHO.
Unless someone consciously decided not to bother to do their job so to speak.
OutInTheShed said:
It depends what kind of service level you think you are paying the management co for.
Do you expect them to inspect, check and test everything? How often? How many man-hours a month are you paying them to do that?
I'd mostly expect them to do required checks like fire alarms, servicing some things, 'safety' stuff and deal with logged faults.
Their contract should be clear what you're paying them to do.
Is there a procedure for getting them to fix something? Was it followed?
It's a storm, a lot of people ended up out of pocket ne way or another, a small dent is towards the 'get it fixed, move on' end of the spectrum IMHO.
Unless someone consciously decided not to bother to do their job so to speak.
The site visits are to pick up any issues that are obvious, eg, something broken, as well as things such as checking nothing is stored in communal areas. Do you expect them to inspect, check and test everything? How often? How many man-hours a month are you paying them to do that?
I'd mostly expect them to do required checks like fire alarms, servicing some things, 'safety' stuff and deal with logged faults.
Their contract should be clear what you're paying them to do.
Is there a procedure for getting them to fix something? Was it followed?
It's a storm, a lot of people ended up out of pocket ne way or another, a small dent is towards the 'get it fixed, move on' end of the spectrum IMHO.
Unless someone consciously decided not to bother to do their job so to speak.
I suspect you are right, it’s a ‘these things happen’ event, but it’s not good when it happens to you, when it shouldn’t have.
It’s worth a letter at least.
M
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