Car scratched in complex

I really feel bad for you.
I’ve had my car keyed once and I suspected it was a beggar I didn’t give money to and he saw me park
 
Forum Reader said:
None of the above. Just keep to myself and basically just chat to the guards and caretakers sometimes. Living by myself there for over 5 years now and don't even have people over as it's just a smallish 1 bedroom apartment. The complex has no pets.
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Dumped anyone in the last 5 years?
 
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Pitbull said:
Knobbing neighbors will attract this kind of attack, I know it well...

If it was parked in the common area, log a liability claim from the Body Corporate. If not, just claim it from your own insurance. Nothing else that can be done really.
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BC is going to do what? Park at your own risk, they are not liable in any way shape or form.
 
Unless you repeatedly acted like a knob, it's probably a naughty kid and nothing sinister.

Sucks that there are no cameras. I used to live in a complex and we had a serial offender, eventually caught on camera. Fat little no good kid scratching people's cars. Parents got divorced and one of them left with the shithead soon after.

I don't know if anyone was successfully sued for it.
 
notayoba said:
Unless you repeatedly acted like a knob, it's probably a naughty kid and nothing sinister.

Sucks that there are no cameras. I used to live in a complex and we had a serial offender, eventually caught on camera. Fat little no good kid scratching people's cars. Parents got divorced and one of them left with the shithead soon after.

I don't know if anyone was successfully sued for it.
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ag is jy net nie pragtig en slim so vroeg op 'n vrydag al nie...

man-with-star-on-his-forehead-R56C9W.jpg
 
Does your complex have a whatsapp group? It should. Post your complaint there, warn of police action and ask if anyone knows anything.
 
Pitbull said:
Not how it works ;) That is what they and the insurance want you to believe.
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Lol feel free to prove it. There needs to be proof of liability by the BC to claim anything. Was the scratches due to maintenance or nails sticking out of wall etc? Then yes but the body corporate is NOT liable for the actions of residents , visitors or tenants.
 
Kosmik said:
Lol feel free to prove it. There needs to be proof of liability by the BC to claim anything. Was the scratches due to maintenance or nails sticking out of wall etc? Then yes but the body corporate is NOT liable for the actions of residents , visitors or tenants.
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Prove what?

That a Liability board means nothing? It's a requirement from insurance to deter claims. Similar to you have a claim agains a mall if you car gets damaged in their parking areas.

You were not aware of this?

www.fanews.co.za

At own risk! A court ruling that could impact liability cover

Disclaimers are dime a dozen in todays fastpaced world From the leave vehicle at own risk parking sign to the past returns do not reflect future returns…
www.fanews.co.za www.fanews.co.za
 
Pitbull said:
Prove what?

That a Liability board means nothing? It's a requirement from insurance to deter claims. Similar to you have a claim agains a mall if you car gets damaged in their parking areas.

You were not aware of this?

www.fanews.co.za

At own risk! A court ruling that could impact liability cover

Disclaimers are dime a dozen in todays fastpaced world From the leave vehicle at own risk parking sign to the past returns do not reflect future returns…
www.fanews.co.za www.fanews.co.za
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You miss the point. You need to prove that they were liable, through negligence or some other factor. Where, is the liability and negligence here?
 
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Kosmik said:
You miss the point. You need to prove that they were liable, through negligence or some other factor. Where, is the liability and negligence here?
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It's actually exactly where this is a contentious issue.

People absolve themselves of any care of due diligence with the application of Liability boards. There is still a certain amount of care from the
BC in this instance. They are offering parking, so they need to assure the parking is safe, and necessary means or steps are taken in caring for the safety of the people or assets on their property. He doesn't have to prove liability as such, he just needs to proof lack of necessary care/prevention from the BC in this instance.

Most times, insurers don't even bother as the fees involved in liability cases are insane, they will mostly settle without much effort. However, there needs to be merit, don't get me wrong.
 
Pitbull said:
he just needs to proof lack of necessary care/prevention from the BC in this instance.
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I think that's exactly what @Kosmik was asking. How would you prove something like that? Even if there were cameras - the whims of a naughty kid can't really be prevented against.
 
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saor said:
I think that's exactly what @Kosmik was asking. How would you prove something like that? Even if there were cameras - the whims of a naughty kid can't really be prevented against.
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CCTV cameras at the parking?
Routine guard patrols?
Rule prohibiting horseplay around parking areas and and and.

We've seen liability claims like these before, and settled. Specifically at Body Corporates. Vehicles getting bumped in the parking areas, vehicles damaged by debris, having brake fluid poured over it and so on. Like I said, every case has it's own merits, OP just logs a claim and it's up to the insurance to sort it out. Simple really. And the Trustees have an obligation to submit such a claim if the owner insist.

If it's repudiated it's repudiated. No harm in lodging a claim.
 
It's it's a naughty kid you can be rest assured he's done it already and will do it again.

I personally think it's a disgruntled neighbor and you're not aware you did something that pissed him off.
 
WaxLyrical said:
It's it's a naughty kid you can be rest assured he's done it already and will do it again.

I personally think it's a disgruntled neighbor and you're not aware you did something that pissed him off.
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Trying to claim from body corp for someones shenanigans might just piss off a few more.

And the owner has to request it, he's a tenant.
 
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