› Flat Chat Strata Forum › Common Property › Tenant damaged driveway gate: Who should file the claim – Body Corp or Tenant? › Current Page
There is another course of action (or inaction) available to you – and I’m not recommending this, just laying it out for your consideration.
You could write to the strata manager or committee and say that since the gate was not operating correctly (the 60-second delay) and was not properly dressed with reflective surfaces, you are not prepared to accept total responsibility for the accident.
In fact, you see their failure to fulfil their statutory duty to maintain and repair common property as being the major contributing factor in this and, as such, they should make a claim against their own building insurance.
However, you are happy to sit down and mediate an equitable outcome, at a mutually agreed time and with an independent arbiter.
Something like that may cool their jets a little and give you time to work something out. Paying the excess on their claim may be a fair result. Oh, and have a look at changing your car insurance – the one you have is clearly not helpful.