Flat Chat Strata Forum Common Property Current Page

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  • #7487

    So i need some expert advice… Apologies for the long post…

     

    About a week ago, I went down to our garage area with the aim to wash our vehicle. Got in the car and drove down to the wash bay. When I got to the wash bay, there was someone parked in it – not washing their car – just parked there. Now that's an issue all on it's own, and the fact that owners continue to park in the visitor parking.

    So there was a car parked in the wash bay, and I obviously could not wash my car, so I proceeded to reverse, and park my car back into my garage.

    My neighbouring garage door was open, and the owner was inside doing whatever he was doing. He then closed his door (via electronic buzzer) and left the garage area. I then proceeded to reverse into my garage.

     

    While I was reversing into the garage, my neighbours (same one) garage door started to open. I immediately looked around to try and signal to him to press his buzzer, but there was no one in the garage. I then attempted to get away from the door as soon as possible, but the door hit my car. So I was left with a very deep scratch to the back bumper and tail light of my car.

    I immediately spoke to my neighbour and he saw the damage, and saw his door half open where it stopped from the impact, and saw paint residue on the corner of the door. He contacted his home insurer and told me that his home insurance does not cover this as the garage door is common property. So I have contacted strata, and they passed all this information to the building insurers. The building insurers are now saying they are not liable to pay because there was no negligance on the part of the owners corporation.

    Surely this is covered by the building insurance if its not covered by the home insurer or the motor insurer??

    Please let me know what I can do about this.

    Thank you!

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  • #13161
    struggler
    Flatchatter

      You have not mentioned if you have contacted your own insurer.  I personally would claim through my insurer (must come under not at fault claim I would think) and then let them chase up where to get the money off.  Let the insurance companies battle with the insurance companies.  Much easier and quicker to get your car fixed!

      #13166

      Our home insurer or car insurer?

      We could claim through our car insurance but I wouldn't think they would battle it against anyone else would they? We would then have to pay the excess which is unfair.

      And then the door, or the car are not covered under home insurance.

      #13169
      struggler
      Flatchatter

        Car insurance.  No expert on insurance.  Would think that there would be insurance in some way regarding the garage door.  If there is your insurer may put in a claim to recoup.

        Perhaps you could mention that your neighbours remote opener for the garage may be playing up.  Had my own garage door close on the roof of my car once due to the remote button getting stuck. 

        #13329

        In theory the garage door should ordinarily be considered common property and any damage to it covered under the OC’s building insurance. You may need to clarify if the garage door opener is original or if this has been installed by the owner (and if there is an exclusive use by-law).

        From past experience you will need to submit a claim on your car insurance, explaining the situation to them, though you may wish to speak with the OC’s insurance broker about submitting a claim on the public liability policy.

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      Flat Chat Strata Forum Common Property Current Page