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Topic
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I live in Sydney and damaged a garage door to a unit – which is not covered by my insurance. Both the property agent and I have gotten separate quotes and what looks like minor damage has turned out to be very serious as the garage has been allowed to decay so that to replace the door requires rebuilding part of the garage due to wood rot as both tradesmen state it would be useless to replace the door in a framework in such bad condition.
I’m happy to replace the door – but am I responsible for the neglect that requires a rebuild of part of the garage? Also this apartment building is very run down – so I’m concerned that I’m being used to replace the garage.
So essentially three questions:
1) Am I responsible to fix the portion caused by the landlord’s neglect – if it is required for the door to be fully operating again?
2) How do I assure that the money is actually used for repairs?
3) How do I assure that I’m not being used as a cash cow and will be hit up again for further expenses?
Any advice would be appreciated
Urban
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Replies
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If we are talking here about accidental damage then the garage door and its mechanism is the *Owners Corporation’s responsibility and is covered by its building building insurance, so hand the problem to the *Strata Manager (assuming the garage door faces common property).
You would be liable for the insurance excess but the insurance should pick up the bill for the repairs to the garage door. The structural repairs are also the *Owners Corporation’s responsibility and it will have to pay for them.
The insurance might decide the garage door has been so badly maintained that it’s a maintenance issue and so refuse to pay. In that case you have no liability as it’s all the *Owners Corporation’s cost.
(* numerous confusing acronyms removed by Whale!)
I have to disagree somewhat with kiwi Paul.
The OC insurance will not cover the damage to the door. The insurance company will try and recover the cost from the ” guilty” party.
Having said that, the ” guilty ” party is only liable for the damage they caused. It’s an accepted principle in the insurance industry that the payer ( in most cases the insurance company) will exclude the cost say where maintenance has not been carried out. In a normal case, the insurance company would send out their assessor who would make the call.
We had a case in our block, where a tenant reversed into a garage door. Their car insurance covered the ( replacement) of the door.
@kaindub said:
The OC insurance will not cover the damage to the door. The insurance company will try and recover the cost from the ” guilty” party.
We had a case in our block, where a tenant reversed into a garage door. Their car insurance covered the ( replacement) of the door.
The whole point of having insurance is to be covered for accidents, if the insurance doesn’t cover accidents then what is the point of having it.
You admit that the insurance covered the damage to your garage door did they then go after the offender who reversed into it.
I don’t know the full story that is why I qualified my reply with it must be accidental and not malicious, etc.
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