Damaged Car in Apartment Complex

Skipper12

Hi,

I am just looking for some advice on what to do in relation to the following.

My g/f's car was parked in a visitors parking space outside my apartment before Christmas. On this night it was quite stormy and slates came loose from the roof of the apartment block and landed on her car causing serious damage to it.

As I pay management fees and part of which goes to Public Liability Insurance I contacted the management company immediately to inform them of what had happened and to state that my g/f would need the car repaired as soon as was possible. We took photographs of the damage to the car and of the tiles smashed around the car and photos of the roof of the apartment block showing where the tiles had come loose from. The management company told her to get a quotation for the repair and to send it on to them with the details of what had happened.

Basically now they are disputing liability and will not be processing this claim. Where does my g/f stand legally on this as her car is still damaged and if she claims through her own insurance her premium will go up and she will lose her no claims bonus. Does the public liability insurance for the complex not cover this???

(Also, this has happened previously in the complex about 4 years ago and this was settled in that case with the management company paying for the cost of repair.)

Any assistance is much appreciated.

Paulw

Most likely that the management company didn't directly pay up the first time, but rather claimed it on their insurance.

However, in the last few years, especially recently, insurance companies put much higher minimum on claims and are much less likely to pay out.

In this instance, it's a tough one. Her car insurance should cover it.

MagicSean

Paulw wrote: »

Most likely that the management company didn't directly pay up the first time, but rather claimed it on their insurance.

However, in the last few years, especially recently, insurance companies put much higher minimum on claims and are much less likely to pay out.

In this instance, it's a tough one. Her car insurance should cover it.

i can't see how the management company can deny liability on this one.

ResearchWill

You may have to go legal with this. It might be easiest to claim fom you insurance but explain to insurance that you do not want it to effect NCB, as there is a third party who is liable. They may agree to pay and then your girlfriend may sue the management company. The insurance company will more than likely arrange the solicitor etc.

coylemj

Ok please don't throw stones at me but what if there is a 'park here at your own risk' sign in the car park, specifically aimed at visitors?

ResearchWill

coylemj wrote: »

Ok please don't throw stones at me but what if there is a 'park here at your own risk' sign in the car park, specifically aimed at visitors?

I won't throw stones, the act that deals with this is http://www.irishstatutebook.ie/1995/en/act/pub/0010/index.html

Marcusm

ResearchWill wrote: »

I won't throw stones, the act that deals with this is http://www.irishstatutebook.ie/1995/en/act/pub/0010/index.html

Does that strictly impose a liability on the management company or only where it has not taken reasonable actions to fulfill the duty of care imposed in the Act?

Skipper12

Thanks for all replies.

Just to confirm that there is no sign stating park at your own risk anywhere in the development.

Also, my girlfriend contacted her insurance company and explained the situation but they have stated that they would not chase another company for money.

Looks like she will have to contact a solicitor I suppose. The damage has been estimated at €3,500.


Thanks