Question: My car got damaged due to a blocked drain caused by debris. Is the body corporate responsible? How do we get our car insurance excess reimbursed?
While my car was parked in a non-reserved space in our apartment complex it got damaged (written off) due to heavy rain overnight. The damage was caused by a drain in front of the car that was blocked by debris.
Is the body corporate liable for the damage to my car? If so, how do I approach the body corporate to get our car insurance excess covered?
Answer: The car owner or their insurers would need to demonstrate the body corporate was negligent or otherwise legally liable in relation to the blockage.
The information provided isn’t sufficient to determine whether the body corporate is liable. Essentially the car owner or their insurers would need to demonstrate the body corporate was negligent or otherwise legally liable in relation to the blockage (i.e. prior knowledge of the blockage or not rectifying a known blockage in a timely manner).
If a demand was made to the body corporate, it can be referred to the insurer of a Legal Liability claim, which is considered on a case-by-case scenario by insurers, solicitors and judges (if the claim ends up in court). Claims are never black and white and legal liability will vary based on the circumstances.
In response to how to approach costs being covered by the body corporate, the car insurer should take into consideration recovery prospects as part of the vehicle claim. The general process is you lodge a claim and pay your excess. Once the settlement is finalised and the total cost of the claim is known, the insurer initiates recovery against the party they view are responsible for the damage. If the insurer deems the body corporate is liable, they would attempt to recover the total cost of the claim from the body corporate. If they are successful in recovering costs, the insurance company will generally reimburse the excess.
Tyrone Shandiman
Strata Insurance Solutions
E: tshandiman@iaa.net.au
P: 1300 554 165
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisenent Australia AFSL No 240549, ABN 15 003 886 687.
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