Gizmo's E46 Touring Build

UpNcOmiNg!

Events Organiser
What the EFF???

Both BMW and their contractors have insurance for this. If there wasn't ongoing work there at the time of the damage, the contractors can't be held liable and thus the onus is on BMW themselves unless there was a warning sign placed there for you not to park there.
 

Gizmo

Banned
The workers were in the ceiling and one decides to stand on the suspended ceiling causing it to collapse onto my vehicle. I saw it happen right in front of me, if I were 2-3min later it would have landed on my head!
 

FiRi@Rennzport

Well-known member
Official Advertiser
Shit one, and really one you shouldn't let go. Male them pay the excess and what ever other damages. As Devon suggested, they both covered for it.
 

Gizmo

Banned
moranor@axis said:
at least the damage is not that bad... it is BS though they need to pay your excess at least...
They won't even do that, they say I have to get it from the sub contractor...:thumbdo:
 

UpNcOmiNg!

Events Organiser
Gizmo said:
The workers were in the ceiling and one decides to stand on the suspended ceiling causing it to collapse onto my vehicle. I saw it happen right in front of me, if I were 2-3min later it would have landed on my head!

The contractors and BMW are by law required to have Liability insurance, or 3rd party insurance for such.
Nail them on it.
Put EVERYTHING in writing, and take it further. Can't let it go chap
 

RAArmstrong

///Member
UpNcOmiNg! said:
Gizmo said:
The workers were in the ceiling and one decides to stand on the suspended ceiling causing it to collapse onto my vehicle. I saw it happen right in front of me, if I were 2-3min later it would have landed on my head!

The contractors and BMW are by law required to have Liability insurance, or 3rd party insurance for such.
Nail them on it.
Put EVERYTHING in writing, and take it further. Can't let it go chap

I agree, I wouldnt let it go!
 

Jamaine

///Member
Yor that must pain after all the hard incredible work you put into your car and then something stupid like that to happen I would flip yor sort them out bud :cartel:
 

Gizmo

Banned
The sub contractor refuses to pay, saying I have to pay my insurance company and they must try claim it back from the sub contractor's insurance, either way Im still out of pocket...:cry:
 

zaleonardz

Well-known member
Fsck this is pathetic, whats even more pathetic is that Alberante has an ARC on site, they really could have played ball here and just swallow the excess.

Had this of been a personal injury, they would have been liable.

They do have the all covering "not responsible for any loss or damage caused on the property bla bla bla" bullshit board out in front, so legally they are in the clear, but the right thing to do, even if you were not a customer that spends 50k with them a month, is to at least book the vehicle in, and assist you with the excess or half the excess.

On the Alberante side, due to the sign out in front, you have no claim, other them to call them bastards, cause any decent organization

The Subcontractor is also correct, in whereby his insurance should cover it.

Now you can do the following, you can either not claim through your insurance, and institute a 3rd party claim against the subcontractors insurance, and get paid out in cash the full extent of the damage.

Their insurance company will insist on sending an assessor out, and they are pathetic in paying out 3rd party claims, you could be looking at as much as 2 months.

Then you can fix the car yourself, but thats 2 months.

Or you can claim, and get your insruance to claim back from them and pay your excess back, but quite frankly... this is going to take a better part of a year, literally..


Bad form Alberante, you have the tools on site to contain costs and help this client, bad form...
 

rodga

Well-known member
zaleonardz said:
They do have the all covering "not responsible for any loss or damage caused on the property bla bla bla" bullshit board out in front, so legally they are in the clear, but the right thing to do, even if you were not a customer that spends 50k with them a month, is to at least book the vehicle in, and assist you with the excess or half the excess.

On the Alberante side, due to the sign out in front, you have no claim, other them to call them bastards, cause any decent organization

I heard these signs are worthless from my lawyer cousin, especially if they were negligent - which in this case I think they were, by doing construction work in area that has not been cordoned off to the public. Nail them
 

RAArmstrong

///Member
Agree with Leonard... 3rd party claims take forever. Couple years ago my dad had to make a 3rd party claim against somebody who T-Boned him... Took 5 months for their insurance to pay out
 

moranor@axis

///Member
Official Advertiser
get in contact with the DP dont let it slip under the radar I dont see how it makes sense for the dealer to loose business over this...
 

zaleonardz

Well-known member
This is an interesting topic.

At the time I started my shop, I enquired extensively with the RMI on this topic due to potential liability.

The RMI said they would uphold.

However, one could argue that negligence did play a factor here, and the subcontractor was allowed on premises by the dealer, and in a construction or maintenance site, they should have an appointed safety officer on premises that should have marked the area. This could have resulted in serious injury.

But lawyers fees and aggravation is worth far more then the excess, Alberante knows this, which is why this is such bullshit, they are in a position to help.


rodga said:
zaleonardz said:
They do have the all covering "not responsible for any loss or damage caused on the property bla bla bla" bullshit board out in front, so legally they are in the clear, but the right thing to do, even if you were not a customer that spends 50k with them a month, is to at least book the vehicle in, and assist you with the excess or half the excess.

On the Alberante side, due to the sign out in front, you have no claim, other them to call them bastards, cause any decent organization

I heard these signs are worthless from my lawyer cousin, especially if they were negligent - which in this case I think they were, by doing construction work in area that has not been cordoned off to the public. Nail them
 
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