Is the building management liable?

Tomylo

Hi guys,

Long story short my motorbike that was chained in the underground car park of my building was stolen because for some reason the gate was disabled by someone or it’s was “broken”.

I pay my landlord for the car park space, who is liable in this case? What can I do? I’m kinda lost

Peregrinus

Have you insurance?

Bluefoam

Sounds like your management company could robustly deny any responsibility, whether they are culpable or not, so legal action may be required to ascertain their level of responsibility. Best person to advise on this would be your solicitor. Carole Nash used to provide a free legal hotline that I actually used to my advantage once... Do insurance companies still provide this?

If you have insurance, you could share this information with your insurance company so that they could fight the claim. However, my personal experience with insurance companies is that they (possibly) like to pay out on claims as it supports their (alleged) desire for higher insurance premiums.

goblin59

There is probally a big sign in your garage somewhere stating that the management company isn't liable for anything in the garage, its pretty much standard practise with apartment complexes and anywhere with private parking.

Your landlord wouldn't be liable either, they rent you the space, but you take responsibility for what you keep there after that.

Your insurance company will likely pay out once you have shown you did all you could to help prevent a theft and had the security measures you listed on your policy (chains, lock, whatever else you declared)

Peregrinus

https://www.boards.ie/discussion/comment/117902333#Comment_117902333

Gotta point out that two insurance companies suing one another over which of them will cover a particular loss doesn't make for lower insurance costs, but for higher insurance costs.

Bluefoam

https://www.boards.ie/discussion/comment/117902897#Comment_117902897

You may have missed my intended point... The ops insurance company will have an internal legal team, will understand these issues to a higher degree than the average punter and would more easily be able to rebuff spurious claims (if appropriate) by the management company. They can often resolve issues without a legal action.

Peregrinus

https://www.boards.ie/discussion/comment/117903032#Comment_117903032

The OP's insurer won't be receiving any claims from the management company (unless they are also the management company's insurer). The OP will claim from them; they may sue the management company, who will then look to be indemnified by their insurer, and there will ensue a dispute over which of the two insurers should cover the loss. Policyholders' funds will be used both to cover the loss and to pay the costs of the inter-company dispute.

Bluefoam

https://www.boards.ie/discussion/comment/117903064#Comment_117903064

Okay, I see you are being pedantic... Well done.

When I mentioned claims by the management company, I was referring to them 'claiming' to hold no responsibility for the OPs property... Not making a financial claim against him...🙄

I'll try to be more accurate with my language in future, thanks for going into such intricate detail in disputing something so inane.

Hotblack Desiato

In an insurance thread when someone uses the word "claim" everyone will rightly assume it means "claim against a policy".

Bluefoam

https://www.boards.ie/discussion/comment/117903347#Comment_117903347

Thanks, that needed to be said

Hotblack Desiato

Not sure if sarcasm 😉

Peregrinus

https://www.boards.ie/discussion/comment/117903134#Comment_117903134

I'm not being pedantic. I'm pointing out that you're wrong. If the OP's insurer pursues the manager, the manager will simply notify his own insurer, and thereafter the argument will be between two insurance companies over which of they will cover this loss. Either way, the cost of the cover, plus the cost of the row about the cover, comes out of policyholder's funds. This does not make for lower premiums.

Del2005

https://www.boards.ie/discussion/2058209205/is-the-building-management-liable

Nobody is liable apart from your own insurance company, provided you locked the bike securely. Underground car park doesn't mean secure and once there's more than 1 key for a lock it can never be considered secure. Thieves actually like underground car parks as they can work away, usually undisturbed, on what they want to steal

You pay your landlord for use of the space which they have gotten from the Management company, not for security which is not part of any contract.