› Flat Chat Strata Forum › Living in strata › Who’s responsible for guttering that damages a car? › Current Page
@Whale said:
So returning to Austman‘s point (post #15), even if two (2) insurers decline to accept a claim by the O/C for reasons of negligence
But that’s not what I said. The second insurer, Keep Calm‘s own private insurer (I’m guessing car insurance), has nothing whatsoever to do with the OC and probably isn’t the same company as the OC’s insurer. Yet they determined that they would not win a claim to recover their costs against the OC.
By all means challenge something in the tribunals and courts. But do a bit of research about tort law in Australia. The insurance companies know that law extremely well and have done their assessments. They make mistakes sure. But if they have it right, the same law and circumstances will apply for any claim Keep Calm makes directly against the OC.
Anyway, good luck Keep Calm if you choose to go down this path. I don’t know that weeds in a gutter add extra weight when water weighs more – but it might point to a general lack of maintenance.