Accidents happen at home

anton-sa

Active member
but wait.

there is a loophole, it would seem this is a complex or something or an underground parking, in which case its private property, you simple sue him for personal property damage, has nothing to do with normal insurance or what what.. it wasnt on a public road.
 

Webmaster

Administrator
anton-sa said:
but wait.

there is a loophole, it would seem this is a complex or something or an underground parking, in which case its private property, you simple sue him for personal property damage, has nothing to do with normal insurance or what what.. it wasnt on a public road.

Interesting. I didn't consider that.
Yes, everything happened on private property. The parking is in the basement of the building and used by residents only.

Again, will see how he responds this eve.

To all Fanatics that contributed to this already, :ty::ty:
 

_juju_

Member
The drunk driving angle will only work unofficially. Officially that would have to be proven somehow and since the window period for blood alcohol testing has expired I would think it would be regarded as hearsay.

Depending on how good / bad the CCTV footage is, you should still be able to nail him on being the party causing the damage.

I hope this all works out cool, lawyering becomes expensive really quick, and small claims court is such a schlep.
 

DieselFan

Honorary ///Member
anton-sa said:
but wait.

there is a loophole, it would seem this is a complex or something or an underground parking, in which case its private property, you simple sue him for personal property damage, has nothing to do with normal insurance or what what.. it wasnt on a public road.

If some one bumps me in a private parking lot ie a mall. Insurance will pay out. On private property. Anyway in sectional title this is regarded as common property, not private property. Whether this makes a difference I don't know.

Thanks Sasha, my cars are a lot happier now :). Even my offstreet parking at my old place. Id have a layer of dust on them after 2 days. Now I dont have to wash them as much :rollsmile:

Let us know how it goes talking to this doos.
 

ChefDJ

///Member
anton-sa said:
but wait.

there is a loophole, it would seem this is a complex or something or an underground parking, in which case its private property, you simple sue him for personal property damage, has nothing to do with normal insurance or what what.. it wasnt on a public road.

Doesn't a separate law apply to this situation, as it is actually not private property but rather a communal property?
 

Dees_13

Active member
So sorry to see this. Mustve been a shocker to walk to your car and see that!

Hope you get sorted out
 

anton-sa

Active member
ChefDJ said:
anton-sa said:
but wait.

there is a loophole, it would seem this is a complex or something or an underground parking, in which case its private property, you simple sue him for personal property damage, has nothing to do with normal insurance or what what.. it wasnt on a public road.

Doesn't a separate law apply to this situation, as it is actually not private property but rather a communal property?

not sure, but afaik (correct me if im wrong) on a public road it all has to go through insurance, your insurance sue's my insurance and they battle it out, they then rely on things like accounts of the traffic office and or police officer etc etc, doesnt it just piss you off when an accident NOT OF YOUR FAULT still means you have to FIRST pay an exxess to have your car fixed out of your own pocket... as far as im concerned if im not involved in the damage i shouldnt have to pay a cent.

to the OP, i would approach the guy and simply ask him to have your car fixed, tell him you had to look on the cctv as you never knew what happened to your car...and if he wouldnt just take care of his damage. if he gets difficult, then i would say by all rights, tell him to be expecting a lawyers letter. Then you are going to have to dock up to pay for a got lawyers letter to be written up...hopefully this "threat" will make him pay. who knows perhaps everything all goes down amically...
 

dvst8

///Member
Your Insurance will cover the damage.

I had a 130k claim when a friend if mine "parked" my car in his neighbours wall at his complex. Actually my insurance also paid for the repair to the wall.

Your insurance will however claim the damages from him as it is his fault.

As the guys said, legal costs will be expensive, let your insurance handle it rather.

Good luck.

:thumbs:
 

ChefDJ

///Member
anton-sa said:
ChefDJ said:
anton-sa said:
but wait.

there is a loophole, it would seem this is a complex or something or an underground parking, in which case its private property, you simple sue him for personal property damage, has nothing to do with normal insurance or what what.. it wasnt on a public road.

Doesn't a separate law apply to this situation, as it is actually not private property but rather a communal property?

not sure, but afaik (correct me if im wrong) on a public road it all has to go through insurance, your insurance sue's my insurance and they battle it out, they then rely on things like accounts of the traffic office and or police officer etc etc, doesnt it just piss you off when an accident NOT OF YOUR FAULT still means you have to FIRST pay an exxess to have your car fixed out of your own pocket... as far as im concerned if im not involved in the damage i shouldnt have to pay a cent.

to the OP, i would approach the guy and simply ask him to have your car fixed, tell him you had to look on the cctv as you never knew what happened to your car...and if he wouldnt just take care of his damage. if he gets difficult, then i would say by all rights, tell him to be expecting a lawyers letter. Then you are going to have to dock up to pay for a got lawyers letter to be written up...hopefully this "threat" will make him pay. who knows perhaps everything all goes down amically...

I have to agree, I don't see why anyone should pay for damage like this caused to their property if it wasn't their fault at all. And excess and any legal costs should also be made payable by the one who did the damage.


Sooo... What happened last night Mr 3speed?
 

323i e46

///Member
Another point to keep in mind is that most of the insurance companies increase their premiums come January. The premium increase percentage hugely depends on the claims that you made. I drive with a chipped windscreen which I will only claim in January. this is to avoid the extra R102.75 that will be added to my premium should I claim this year.

I don't Know about your insurance but this is Olmutual/Mutual and Fed/Iwyze's way.

This is pure Highway robbery as my vehicles' values deteriorate yearly but the Insurance company wants to charge me more. I believe that they should charge me less. if i don't claim it remains the same but should I claim then I will have to pay R102.75*12 months=R1130.25 exta on my premiums next year. if you add the R500 excess then it comes to R1630.25. Maybe I should go and see how much they cost at the scrap yard for an OEM windscreen ... or just chill until next year as the chips are not deterring driving.
 

tcal69

///Member
3speed said:
Happy to hear the ladies have a warm bed to sleep in Alex!

I tried again to copy the video or film the cctv screen but the empowered safety governor of the building says ney. Just wait till the insurance co request the video, then he will give it up.

The guy was doos-dronk. He got off the bike and slowly fell backwards onto my car. He got up with help from my side mirror and didn't even look at the dent. Stumbled around his scooter a bit and left. Too bad he didn't take his helmet off on camera. But even the paint on the walls know it was him.
Best bit is the cctv from his floor showing him getting out of the lift with helmet still on and scraping his drunk ass against the walls to get to his door.

Taking to other residents today, he is known to ride his bike drunk and came off in front of the garage gates before. Even the maintenance guys don't greet him. I kinda feel for him if he has a drinking problem, and once he puts my car right I will buy him a bottle of whatever the sweet fuck he wants, just to speed up his demise.

Nuff said... :roflol:

Dude man, you should get the video footage ASAP, as they might just get erased... Coz I had the similar situation by my warehouse where the truck reversed into 1 of the camera, was on recording and everything but then was later erased coz the time has elapse...

So maybe best get a police report and request a copy of the video ASAP:idea:
 

zaleonardz

Well-known member
Claim from your insurance, pay the excess, let your insurance company sort it out, and recover your excess from him.

End of story...
 

tcal69

///Member
zaleonardz@DentDocVPS said:
Claim from your insurance, pay the excess, let your insurance company sort it out, and recover your excess from him.

End of story...

Good luck with that, you will never get your excess back:nonono:

Well is from my own experience...
 
tcal69 said:
zaleonardz@DentDocVPS said:
Claim from your insurance, pay the excess, let your insurance company sort it out, and recover your excess from him.

End of story...

Good luck with that, you will never get your excess back:nonono:

Well is from my own experience...

something similar happened to me a few years ago, got my excess back.
 

Webmaster

Administrator
Right gents,

Life can be full of *edited by ADMIN* and sometimes there's a glazed cherry on the turd.
I had half that cherry last night.

To sum up, the guy agreed to pay my excess. Not the full repair as he can't afford it. Fair enough I say.

I went over to his flat and knocked. He promptly answered and welcomed me in. He said he was expecting me as the front desk reminded him of what he did. He was genuinely apologetic. I did tell him he was a douche and he should consider himself lucky that I'm a calm guy as he could have a broken nose before bedtime. When I asked why he lied/dismissed me earlier he said he was still messed up from his night and didn't realize what he did. Proper night out if you ask me! He did not want to see the video again as he saw it during the day. To be fair, the guy admitted and hung his head in shame. He did offer me a drink (dafuq - where it all started!) and I took it.

Now, on the excess. I went up with my policy to prove I'm not fleecing him. My excess in 5% of claim or min 2.5k. As I'm still awaiting a quote I did not have a final excess figure for him. However, I had him write and sign an admission of guilt letter and a copy of his ID book. He gave me 2.5k cash for the basic excess promising to pay more if the quote is high, which I doubt. Do the maths - if 5% = 2.5k, then claim/quote is 50k. So at this moment I have his admission of guilt letter, a copy of his ID and 2.5k in cash.

I'll be filling in a claim form today and he will watch me do it, again for transparency so he can't say shit afterwards.

Also, he agreed to park his scooter in an empty corner of the garage from now on, not in front of his car anymore.

I think I'm happy with the outcome. Would have liked him to pay all out of pocket, but I guess a compromise is better than him avoiding me and me having to foot the bill. As for the video - we will never see it. The security co explained they only release videos to authorities and since he admitted and paid, no police will be involved, and my insurance co is happy with his letter. Boo-hoo, it would be funny for you guys.

Again, I would like to thank Fanatics that gave me precious advice yesterday. You guys act like big brothers if I read your posts! Truly thankful for your input. :ty::ty:
 

cust1234

Member
3speed said:
Right gents,

Life can be full of bullshit and sometimes there's a glazed cherry on the turd.
I had half that cherry last night.

To sum up, the guy agreed to pay my excess. Not the full repair as he can't afford it. Fair enough I say.

I went over to his flat and knocked. He promptly answered and welcomed me in. He said he was expecting me as the front desk reminded him of what he did. He was genuinely apologetic. I did tell him he was a douche and he should consider himself lucky that I'm a calm guy as he could have a broken nose before bedtime. When I asked why he lied/dismissed me earlier he said he was still messed up from his night and didn't realize what he did. Proper night out if you ask me! He did not want to see the video again as he saw it during the day. To be fair, the guy admitted and hung his head in shame. He did offer me a drink (dafuq - where it all started!) and I took it.

Now, on the excess. I went up with my policy to prove I'm not fleecing him. My excess in 5% of claim or min 2.5k. As I'm still awaiting a quote I did not have a final excess figure for him. However, I had him write and sign an admission of guilt letter and a copy of his ID book. He gave me 2.5k cash for the basic excess promising to pay more if the quote is high, which I doubt. Do the maths - if 5% = 2.5k, then claim/quote is 50k. So at this moment I have his admission of guilt letter, a copy of his ID and 2.5k in cash.

I'll be filling in a claim form today and he will watch me do it, again for transparency so he can't say shit afterwards.

Also, he agreed to park his scooter in an empty corner of the garage from now on, not in front of his car anymore.

I think I'm happy with the outcome. Would have liked him to pay all out of pocket, but I guess a compromise is better than him avoiding me and me having to foot the bill. As for the video - we will never see it. The security co explained they only release videos to authorities and since he admitted and paid, no police will be involved, and my insurance co is happy with his letter. Boo-hoo, it would be funny for you guys.

Again, I would like to thank Fanatics that gave me precious advice yesterday. You guys act like big brothers if I read your posts! Truly thankful for your input. :ty::ty:

Glad it's all sorted bud... The outcome is still pretty good if you ask me... And you walk away with your dignity in tact which is always a bonus...
 

zaleonardz

Well-known member
k

People fsck up all the time, big ups to the guy for doing what he did, its the right thing to do.

This is why we have insurance....

And, if more people actually insured their cars properly, it would be way cheaper,
 
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