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Liability of builder during reno, car damaged

Discussion in 'Legal Issues' started by Burramys, 18th Mar, 2016.

  1. Burramys

    Burramys Well-Known Member

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    A week ago a tenant advised that her car was damaged, most probably by the builder doing a reno in that part of the block of flats. The builder had to go past my tenant's car to get out. A short time ago I was advised that there were fresh scractches, and the car had not been moved today. On balance of probability it very much seems that the builder was careless. The damage is horizontal scratches, maybe $500-1000 to fix..

    I know the owner's name but do not know his contact details. At this stage I want to keep it low-key, and find out what the owner says. If he baulks at paying for the damage then we can go to court.

    Should I ask the OC for the owner's details, or to pass on a message? Is there another course of action that could work? TIA.
     
  2. sydprop

    sydprop Active Member

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    I don't think this involves you except to facilitate communication where you can. The car owner could claim on their insurance and advise them of the at fault party.
     
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  3. wylie

    wylie Moderator Staff Member

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    I'd stay out of it. Let the tenant go to her insurer with what information she has.
     
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  4. Chilliblue

    Chilliblue Well-Known Member

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    Unless the tenant has actual proof on who did (ie would stand up in a court of law) then they will have no chance of making a claim against anyone.

    Stay out of it.
     
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  5. Burramys

    Burramys Well-Known Member

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    Thank you for the advice. I'm not intending to be involved much. At this stage all I want is for the tenant to have the reno owner's details so that representations can be made for an informal resolution. Is the OC manager under any obligation to provide same to me as an owner? There's also security cameras which may evidence the allegations. This is not really necessary as there is a reno, easily proven. The tenant does not wish to claim insurance.
     
  6. sanj

    sanj Well-Known Member

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    it.is far from easily proven from a legal POV atm without any evidence, get the tenant the owners details asap and they should be speaking to the builder immediately. tenant keeping quiet so far has arguably lead to it happening the 2nd time
     
  7. markson

    markson Well-Known Member

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    Without a witness the owner of the vehicle is pretty much stuffed.

    The builder will most probably deny causing the damage and the only option would be go through insurance.

    The insurance company will then investigate the incident and without a witness or CCTV he/she will be stuck with paying the excess to fix the damages.
     
  8. Azazel

    Azazel Well-Known Member

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    Agree with the above, it's for the insurance to sort out.
    Don't lie if they ask you any questions obviously, but what can you say really.
     
  9. Burramys

    Burramys Well-Known Member

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    The tenant has matching pictures of scratches on both cars, with a tape measure showing this. This evidence is reasonable. There is CCTV at the property.
     
  10. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    Evidence of damage is one matter. How it occurred is the concern. They will deny causing it. Zero proof to make an allegation. Unless video shows actual damage being caused they wont admit.

    Insurer wont investigate - Not their job to. Policy for car damage is clear that the insured must identify the person/s responsible. Otherwise excess applies.

    We had this with our work strata - A truck demolished 20metres of tiling and electricals. All on video. Only when we sent video to them they admitted fault. Until that they insisted no truck was there.
     
    Last edited: 24th Mar, 2016
  11. sanj

    sanj Well-Known Member

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    that is evidence of damage not evidence of who did it. you need the cctv if you want evidence of who is liable, assuming the builder doesn't admit it.
     
  12. Waldo

    Waldo Well-Known Member

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    I'm the same as the other guys, having a renovation taking place hardly makes for an airtight case. I think you'd better review the CCTV footage before even asking for contact details.