can i claim from private car park

Package · 30-01-2010 5:38pm #1

ok, very quick qeustion..

my car was broken into in the private underground carpark of the apartment i am renting. there was damage to the door and some private belongings taken...

do i claim? not from insurance,,, do i have to pay the damage repairs myself?

KoolKid · 30-01-2010 5:39pm

Generally your insurance. Unless there was manned security it would be hard to prove negligence.

Random · 30-01-2010 5:40pm

doubt you'll get anything from the apartment block but worth reporting to the gardai in case anyone else has had similiar and worth chasing the cctv with the management company.

otherwise you'll probably end up going through your own insurance (if it's covered) or paying to repair / replace yourself.

Package · 30-01-2010 5:43pm

well ill narrow it down.

its in the northwood complex in santry, there are 3 security guards, one at each entrance of the complex. plus, a patroling car. we also have a super/caretaker, but i think he only works from 9-5...

i think there is cctv underground, ive never seen the cameras but the caretaker told me there was an he would report it to the management

irlirishkev · 30-01-2010 7:27pm

Report it to the Gardai if you haven't already. They'll take the details, and ask you if you'd like to persue it. If there's cctv, then I suggest you do. They might know the person if caught on camera.

You prob won't get anything from the apartment management company. Are there disclaimer signs anywhere on the walls etc?

Check your insurance policy. I suffered a break in on my car recently. Wasn't going to claim, but then I found out that theft/attempted theft doesn't affect my no claims or my premium.. so I claimed. It's being sorted out at the moment, and I don't even have to pay excess..

Sorry to hear about the break in btw.. it's a horrible thing to have happen..

Wishbone Ash · 30-01-2010 8:11pm

irlirishkev wrote: »

Are there disclaimer signs anywhere on the walls etc?..

Those dosclaimer signs are just there to deter people from making a claim. They have no legal basis AFAIK.

AndyP · 30-01-2010 9:09pm

Wishbone Ash wrote: »

Those dosclaimer signs are just there to deter people from making a claim. They have no legal basis AFAIK.

You are correct, a disclaimer has no legal standing in Irish law.

KoolKid · 30-01-2010 10:07pm

Northwood is such a big area really. There are 3 entrances but there only seems to be security on the entrance up beside Euro Spar. Even at that the barriers are nearly always up. The management company (in fact most places) will probobly not give you any information on whats caught on CCTV. You would need the Guards to be involved.

_blank_ · 31-01-2010 1:42am

Going to move this to motoring.

totallytrees · 31-01-2010 8:35am

this happened my sister, and she was able to claim for the damages on her insurance without it affecting her policy. her window was broken but nothing taken as there was nothing in the car. happened to 3 other cars the same night in the same underground car park & they had cctv footage.

id check it out if your insurance will pay for it may be inclusive for you.

Victor · 31-01-2010 11:13am

irlirishkev wrote: »

Check your insurance policy. I suffered a break in on my car recently. Wasn't going to claim, but then I found out that theft/attempted theft doesn't affect my no claims or my premium..

Be careful. While it may not affect you NCB with your current insurer, it will affect it with other insurers. they may not treat it too harchly, but you will have made a claim and will have to declare it.

bongi69 · 31-01-2010 11:31am

Victor wrote: »

Be careful. While it may not affect you NCB with your current insurer, it will affect it with other insurers. they may not treat it too harchly, but you will have made a claim and will have to declare it.

Its only claims for windscreen damage that don't affect an NCB, however if the OP claims for damage to the car, the NCB might be affected, depending if there's any NCB protection in place.

But you are correct in saying a new insurer will look at it, however, if its small enough, and for something like criminal damage, they'll overlook it

irlirishkev · 31-01-2010 1:16pm

bongi69 wrote: »

Its only claims for windscreen damage that don't affect an NCB

It depends entirely on the individual Insurance company. My window wasn't touched. Damaged handle, smashed lock, and dented door. NCB not affected.

oldyouth · 31-01-2010 11:24pm

AndyP wrote: »

You are correct, a disclaimer has no legal standing in Irish law.

They do in relation to property but not to injury. Apart from that, the OP H
hasn't stated how they feel the owners of the complex are responsible for the loss.

31-01-2010 11:26pm

oldyouth wrote: »

They do in relation to property but not to injury. Apart from that, the OP H
hasn't stated how they feel the owners of the complex are responsible for the loss.

Well if the OP has paid management fees which include maintaining a secure car park then he would have a case. If he hasn't - well that's a different matter.

KoolKid · 31-01-2010 11:29pm

A payment of a fee would not mean you would have a case.
You pay for street parking, is Dublin Corporation going to be responsible for all those cars?

31-01-2010 11:31pm

koolkid wrote: »

A payment of a fee does not mean you have a case.
You pay for street parking is Dublin Corporation going to be responsible for all those cars?

No, but if the management contract specifies that the carpark is secure and monitored then it is reasonable to assume your car would be safe. It would definitely worth looking into.

KoolKid · 31-01-2010 11:39pm

When it come to security never assume. There may be electronic gates etc. But noting is 100%. In most cases the claim is with your insurance. I spoke to my solicitor on this subject a few years back. My car was broken into in a hotel carpark while I was a guest.
While the disclaimer signs mean nothing you still need to show some sort of neglect. Now if, for example , the security in place wasn't working. And you are being charged for that security, there would be a good argument there , I'd imagine.

oldyouth · 01-02-2010 9:48am

Deleted User wrote: »

Well if the OP has paid management fees which include maintaining a secure car park then he would have a case. If he hasn't - well that's a different matter.

If they've taken reasonable care, then they don't have any responsibility. It is not the duty of the Management Company to provide a Fort Knox type facility. Unfortunately, the OP would appear to have to rely on his own insurance for indemnity

can i claim from private car park

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