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Category: Australia Law
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Experience:  Dip Law LPAB - Sydney based lawyer
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Garage door accidently damaged by something on the back of

Resolved Question:

Garage door accidently damaged by something on the back of our car when the door didn't go up properly. Have asked the agent to contact the owner to claim on the property insurance and we would pay for the excess but he owner does not want to loose his no claim bonus. Where do we stand on this?
Submitted: 11 months ago.
Category: Australia Law
Expert:  replied 11 months ago.
Hello and thank you for your question.

The owners property insurance covers him against damage to his property, but if he claims on it, the insurer would likely claim against you if the damage was caused by your car. So in short, referring the matter to the landlord's property insurer doesn't help you.

If you have contents insurance then you will be covered for public liability insurance as well (most contents policies include liability cover) so if the landlord is demanding payment of the garage door from you, then you should refer it to your contents insurer as a public liability claim, as such cover is designed to protect you from claims arising out of your accidentally injuring someone or damaging someone else's property.

If you don't have public liability cover and you were responsible for the damage then you are legally liable to pay the full amount of any repairs/replacement that is reasonably required.

I trust the above assists.

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Thank you and good luck.

Patrick

Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4539
Experience: Dip Law LPAB - Sydney based lawyer
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