Damage to car in car park by contractor

cavanman

I park my car in the underground car park of a city centre apartment complex. I don't use the car very often but returned to it this week to find that damage had been caused to one of the panels.

I contacted the management company who informed me that one of their agents while conducting some work on the gutters earlier this week had dropped a drain pipe on my car. They have suggested that I submit a claim against the block insurance. This would require me to cover the excess on the policy.

I would have thought that the contractor who caused the damage would have been liable and that my claim would be against his insurance.

Would appreciate your input.

Marcusm

It';s hard to see how your management agent could justify using a contractor who did not maintain adequate liability insurance. I would be loathe to use a block policy for issues of excess and impact on future premiums.

coylemj

Marcusm wrote: »

It';s hard to see how your management agent could justify using a contractor who did not maintain adequate liability insurance.

In all probability they used a 'cash only' merchant who doesn't bother with invoices, VAT or third party insurance.

Marcusm

coylemj wrote: »

In all probability they used a 'cash only' merchant who doesn't bother with invoices, VAT or third party insurance.

And the management company has responsibility for the torts of its servants!

The question becomes whether the managing agent has acted in a negligent enough manner that the management company can recover from the managing agent. Irrespective, it should not be up to the tenant/lessee/visitor to have to claim off a third party insurance policy or suffer any excess.

hullaballoo

OP, although contacting the management company about it was the right thing to do, they are acting in their own interests at all times, not yours. As a result, they have suggested that you claim from your own block's policy, on which you will have to pay the excess and as a result of which the block's premium may be affected.

Realistically, you need to claim against the person who is responsible. If the damage is only minor (say, less than €1,000), you will need to look into this yourself. However, if it is more serious, you might consider approaching a solicitor to deal with it. You will need to agree a fee structure in advance of instructing a solicitor to proceed in order for this to yield any real benefit.

The alternative is if you know a lawyer who can advise you more fully than we can here and might be prepared to tell you how to go about this for free.

fasttalkerchat

Check if the management company will cover the excess. It may be easier than trying to chase down their contractor.

seagull

Is it the management company or the management agent that was responsible for hiring the contractor? These are two very different entities.

Marcusm

seagull wrote: »

Is it the management company or the management agent that was responsible for hiring the contractor? These are two very different entities.

The managing agent woud have engaged the contractor on behalf of the management company.