› Flat Chat Strata Forum › Living in strata › Who’s responsible for guttering that damages a car? › Current Page
I am going to say this once more and then I am going to shut this discussion down.
If something owned by a person or a corporation fails and injures another person or damages their property, then the owner of the failed property is legally responsible.
The fact that an insurer has asked for proof of negligence is just an indication that they have guidelines. It does not mean the owner of the property is not liable. And what “seems” to be the case is irrelevant.
The law is the law and it has nothing to do with what insurance companies do to avoid paying out on claims. Lack of insurance cover is not freedom from liability. Insurers only have to pay out to the extent of their policies, not to the extent of the policy holder’s liability.
The question of whether or not it’s worth pursuing a claim is a whole other issue which also has nothing to do with the law.
End of story.