Underground Residents Carpark Dispute - Damaged Car
Discussion
Hi, my car roof sustained paint damage whilst parked in the underground car park for my apartment building in October 2023. There was a water outage in the building and a pipe above my car leaked some corrosive liquid onto the roof, damaging the paint.
I have pursued the property management company for months who are passing the buck around and now claim “the insurance broker is a third-party company, and the policy is undertaken and provided by the development Freeholder. [Property management company] are instructed by the Resident Management Company and have no relationship with the Freehold or insurance company." Despite this, a claim has been opened and a loss adjustor visited the site in January 2024 and verified the damage within minutes, noting that it was common damage for underground carpark leaks.
The property management company insist I contact my car insurance company to pursue the claim and to basically stop hassling them. However, I don't particularly want to go down this route and suffer increased premiums and lose my no claims bonus for what is essentially a non-fault claim.
I'm wondering what my next steps should be, given that we're 7 months down the line and I feel that I'm playing cat and mouse with them with me constantly having to chase for updates.
Does anyone have any advice?
Thanks
I have pursued the property management company for months who are passing the buck around and now claim “the insurance broker is a third-party company, and the policy is undertaken and provided by the development Freeholder. [Property management company] are instructed by the Resident Management Company and have no relationship with the Freehold or insurance company." Despite this, a claim has been opened and a loss adjustor visited the site in January 2024 and verified the damage within minutes, noting that it was common damage for underground carpark leaks.
The property management company insist I contact my car insurance company to pursue the claim and to basically stop hassling them. However, I don't particularly want to go down this route and suffer increased premiums and lose my no claims bonus for what is essentially a non-fault claim.
I'm wondering what my next steps should be, given that we're 7 months down the line and I feel that I'm playing cat and mouse with them with me constantly having to chase for updates.
Does anyone have any advice?
Thanks
As far I'm aware you the owner of the building is only liable for your damage if it was caused by negligence on their part.
It's the same if a tile fell off the roof in high winds and hit your car / head or the building burned down taking your car with it.
On other words, buildings insurance doesn't cover cars.
You need to claim from your own insurance.
It's the same if a tile fell off the roof in high winds and hit your car / head or the building burned down taking your car with it.
On other words, buildings insurance doesn't cover cars.
You need to claim from your own insurance.
S93 said:
However, I don't particularly want to go down this route and suffer increased premiums and lose my no claims bonus for what is essentially a non-fault claim.
You’re supposed to tell them anyway and if some other insurer settles then it’ll go on a claims database.You might have trouble claiming on your own insurance now anyway. What’s the extent of the damage - has it deteriorated further in 7 mths?
S93 said:
Hi, my car roof sustained paint damage whilst parked in the underground car park for my apartment building in October 2023. There was a water outage in the building and a pipe above my car leaked some corrosive liquid onto the roof, damaging the paint.
I have pursued the property management company for months who are passing the buck around and now claim “the insurance broker is a third-party company, and the policy is undertaken and provided by the development Freeholder. [Property management company] are instructed by the Resident Management Company and have no relationship with the Freehold or insurance company." Despite this, a claim has been opened and a loss adjustor visited the site in January 2024 and verified the damage within minutes, noting that it was common damage for underground carpark leaks.
The property management company insist I contact my car insurance company to pursue the claim and to basically stop hassling them. However, I don't particularly want to go down this route and suffer increased premiums and lose my no claims bonus for what is essentially a non-fault claim.
I'm wondering what my next steps should be, given that we're 7 months down the line and I feel that I'm playing cat and mouse with them with me constantly having to chase for updates.
Does anyone have any advice?
Thanks
Just let your insurance deal with it.I have pursued the property management company for months who are passing the buck around and now claim “the insurance broker is a third-party company, and the policy is undertaken and provided by the development Freeholder. [Property management company] are instructed by the Resident Management Company and have no relationship with the Freehold or insurance company." Despite this, a claim has been opened and a loss adjustor visited the site in January 2024 and verified the damage within minutes, noting that it was common damage for underground carpark leaks.
The property management company insist I contact my car insurance company to pursue the claim and to basically stop hassling them. However, I don't particularly want to go down this route and suffer increased premiums and lose my no claims bonus for what is essentially a non-fault claim.
I'm wondering what my next steps should be, given that we're 7 months down the line and I feel that I'm playing cat and mouse with them with me constantly having to chase for updates.
Does anyone have any advice?
Thanks
It's what you pay them for!
LeoSayer said:
As far I'm aware you the owner of the building is only liable for your damage if it was caused by negligence on their part.
It's the same if a tile fell off the roof in high winds and hit your car / head or the building burned down taking your car with it.
On other words, buildings insurance doesn't cover cars.
You need to claim from your own insurance.
This. How was the management company negligent? It's the same if a tile fell off the roof in high winds and hit your car / head or the building burned down taking your car with it.
On other words, buildings insurance doesn't cover cars.
You need to claim from your own insurance.
ferret50 said:
Because they failed to maintain the building to the required standard.
So that's what it would turn on. Just because there was a leak doesn't mean the cause was negligent maintenance.The incident I was involved with was indeed a leak from a first floor flat into the restaurant below which was not caused by negligent maintenance.
I would be inclined to agree that there is negligence if part of the building was in bad repair and caused damage to someones property.
Their defense would be that it was unpredictable and failure was down to something unforeseeable during their regular inspections.
Whether they are insured at all is irrelevant, you claim of the management company for the damage. It's down to them whether they have a policy to cover their loss.
Only my unqualified opinion.
Their defense would be that it was unpredictable and failure was down to something unforeseeable during their regular inspections.
Whether they are insured at all is irrelevant, you claim of the management company for the damage. It's down to them whether they have a policy to cover their loss.
Only my unqualified opinion.
Thanks for your replies everyone.
I can prove negligence - the pipe started to leak above my car when the communal boilers were out of service back in October 2023, I spoke to the engineer who was called out at the time who said the hot water system was in desperate need of maintenance and they were out of service due to a lack of pressure in the system, i.e. pipes were leaking.
The same thing happened in a couple of months later, the hot water went out and the pipe above my car was leaking again (I had moved my car to another space by this point, but this was evidenced by wet concrete directly below this pipe).
I have photos and videos of everything. I think I will continue to pursue with them and perhaps more directly with their insurers.
I can prove negligence - the pipe started to leak above my car when the communal boilers were out of service back in October 2023, I spoke to the engineer who was called out at the time who said the hot water system was in desperate need of maintenance and they were out of service due to a lack of pressure in the system, i.e. pipes were leaking.
The same thing happened in a couple of months later, the hot water went out and the pipe above my car was leaking again (I had moved my car to another space by this point, but this was evidenced by wet concrete directly below this pipe).
I have photos and videos of everything. I think I will continue to pursue with them and perhaps more directly with their insurers.
S93 said:
Thanks for your replies everyone.
I can prove negligence - the pipe started to leak above my car when the communal boilers were out of service back in October 2023, I spoke to the engineer who was called out at the time who said the hot water system was in desperate need of maintenance and they were out of service due to a lack of pressure in the system, i.e. pipes were leaking.
The same thing happened in a couple of months later, the hot water went out and the pipe above my car was leaking again (I had moved my car to another space by this point, but this was evidenced by wet concrete directly below this pipe).
I have photos and videos of everything. I think I will continue to pursue with them and perhaps more directly with their insurers.
The comments re negligence are correct but you seem, on the face of it, to have some proof of negligence. After 7 months, you should write or email the building owner giving them 7 days to settle the claim before you issue a small claims court summons. Then go online and issue it if they don't settle. Assuming you've had the car fixed and have a final invoice., If not, you'll need to do that. You can only sue for money you're actually out of pocket, not for the cost of potential repairs. I can prove negligence - the pipe started to leak above my car when the communal boilers were out of service back in October 2023, I spoke to the engineer who was called out at the time who said the hot water system was in desperate need of maintenance and they were out of service due to a lack of pressure in the system, i.e. pipes were leaking.
The same thing happened in a couple of months later, the hot water went out and the pipe above my car was leaking again (I had moved my car to another space by this point, but this was evidenced by wet concrete directly below this pipe).
I have photos and videos of everything. I think I will continue to pursue with them and perhaps more directly with their insurers.
TwigtheWonderkid said:
The comments re negligence are correct but you seem, on the face of it, to have some proof of negligence. After 7 months, you should write or email the building owner giving them 7 days to settle the claim before you issue a small claims court summons. Then go online and issue it if they don't settle. Assuming you've had the car fixed and have a final invoice., If not, you'll need to do that. You can only sue for money you're actually out of pocket, not for the cost of potential repairs.
This definitely seems like the next logical step if they fail to provide a solution following my latest response where I amalgamated all the evidence. I have quotations for the repair, so I am ready to proceed with the repair, I would rather they settle it directly, but I may have to take the above route.
Thanks
LeoSayer said:
On other words, buildings insurance doesn't cover cars.
In 2017, during that very bad storm in late October or early November, my car was parked outside my in laws house when their neighbours trampoline took flight, rolled over their fence, rolled over my now wifes car, smashed into mine before coming to rest on the road.They refused to pay for the damage to my car as "the repair was worth more than the car" (the homeowner is in the trade), but they gave me their home insurance details thinking I wouldn't have any luck there.
I made a claim via email, submitting evidence of negligence, and got paid out £850 a few weeks later. My car insurance was never involved, and never knew.
So, I believe there is a third party liability aspect to buildings insurance..
Powerfully Built Company Directors Secretary said:
My car insurance was never involved, and never knew.
They would have known if something (you making a claim, or one being made against you) gave them cause to look - all claims go on CUE: https://www.mib.org.uk/managing-insurance-data/mib...Some insurers check it routinely and send a surcharge mid-policy with the threat they'll cancel if you don't pay.
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