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My car damaged by neighbour push bike at car park

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AADD View Drop Down
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Joined: 31/August/2017
Location: Australia
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  Quote AADD Quote  Post ReplyReply Direct Link To This Post Topic: My car damaged by neighbour push bike at car park
    Posted: 31/August/2017 at 14:51
Hi, every one. First time come here. Please help !!!

We live in an apartment with the property manager on site. Some cameras are installed for security reason, but not at car park. Last Friday, I was about drive my car and found a small but deep dent on one side of my car. At next door car park , there were four motor bikes and one push bike parking together. Looked the paint and some rubber on my car, it matched the handle of the push bike. It is obviously the push bike fell down to my car and damaged my car. It is quite possible the other motor bike park beside or behind the bike knocked over push bike. I took some photos and report it to the property manager right away. She said would ask the tenant. Then I started to get quote for repair. Next day, a man approached to us, he is the owner of push bike. while his girlfriend is the user. He was aggressive and said he would not pay the cost for repair because no video and no witness. He told the property manager he saw the push bike was lying on the ground and just pick it up. He did not know what had happened. He is an international student but age around 30. The other motor bike users do not live in that unit but somewhere in this building. Because of a limited car park space, other student park motor bikes there too. I can seen one car park even got 6 motor bikes park together. Not sure if there is any law how many motor bikes can park at one site. The property manager report this to the body corporate. Body corporate reply they can not cover the personal property at car park. The tenant signed lease with property manager. Property manager has nothing can do that. The user of push bike refuse to pay. The repair cost is around $700. while our insurance excess fee is $800. We can not make a claim. Even we make a claim, not sure if they can trace down a push bike owner. I have got this person's name and phone number. I called police. But it is said it is a civil issue. So I am very disappointed, I paid body corporate fee and park my car at my parking place, suppose to be safe. But car had been damaged and I know the reason. But the owner of push bike just walk away, say he did not know anything about it.

What can I do ??

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 31/August/2017 at 17:55
Sorry you are out of luck.

You do not have any proof only supposition, in any case taking this to court to try and prove it would cost you far more than the cost of the damage, coupled with the defendants legal costs when you eventually lose.

Best you can do is seek another repairer who is not quoting for a gold plated job.

AADD View Drop Down
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  Quote AADD Quote  Post ReplyReply Direct Link To This Post Posted: 31/August/2017 at 18:15
yes , it is not worth to go to court. while $700 0r at least $500 repair cost is still a significant amount for anyone. I did nothing wrong. But he does not pay one cent and even no sorry.
It is not fair.

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 31/August/2017 at 21:23
Your problem is that while you may be able to show that the bike caused the damage you are not able to prove that your neighbour caused it. The bike may have fallen against your car due to falling from a gust of wind, or a stray animal brushing against it etc.

The front edge of the bonnet of my car was damaged and the skin pierced by a large rock thrown into it by a passing truck. I got a quote from a main line repairer for $800 to repair and repaint the bonnet, my excess was $600. I reasoned that this together with the loss of my no claim bonus meant I was better off paying myself. I shopped around and found a small repairer who did the job for $345. It looked OK to me ( however when I traded the car some years later the dealer was able to detect that repair work had been done, no idea how.)

Good luck finding someone who will do a good job for a reasonable price.

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  Quote AADD Quote  Post ReplyReply Direct Link To This Post Posted: 31/August/2017 at 23:23
Thank you very much for reply. The car park is located underground, at B2. There is no gust of wind or animals there. I have picture of push bike's handle. The scratch of handle matchs my car's paint colour. The damage definitely came from the push bike. No matter how it happens, the owner of push bike should foresee it will fall with another three motor bikes park around. He should take some prevention actions. In fact, he should not park the bike on site. There is a corner, 15 meters away, bike rack, specially for bike parking. Or he should put bike against the end wall or tie somewhere with chain. At least , should not put the bike close to my car. i will look for some cheaper quote. However, this man lives to my next door, from time to time, meet him in face. His eyes is telling me:" I wont pay. You can not do anything." I feel he is laughing.   CAN NOT MOVE ON.

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