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Motor Vehicle Damage

By Sebastian Powell on Thu, 22 Nov 2018 at 20:03

My neighbour placed rocks in the road in front of the culvert in an effort to stop rock-rabbits coming up and eating his plants. These rocks protruded higher than the pavement.

I reversed out of the opposite driveway and because the rocks could not be seen, I reversed into them and scraped the underside rear bumper, causing deep scratches.

Who is liable to repair my car. Would it be the Body Corporate or the neighbour, who is a Trustee? Is there anywhere in the Paddocks Sectional Title Survival Manual that would deal with this situation.

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RE: Motor Vehicle Damage

Murray Bennett replied on Thu, 22 Nov 2018 at 21:43

The body corporate does not have an insurable interest in owners and occupants possessions. You need to claim from your insurers giving full details and if they believe the person who placed the rocks there is liable, they will take it up with them.

RE: Motor Vehicle Damage

Prof. Graham Paddock replied on Thu, 29 Nov 2018 at 09:30

The body corporate is responsible to maintain and repair the common property, but it is not responsible to keep people safe or their property undamaged.
The ordinary principles of liability apply (as they would outside the scheme) when someone damages your vehicle.
So if this trustee took it into his head to put these rocks on the common property, your best recourse could be to take the trustee to the Small Claims Court.
If, on the other hand, the trustees as a group decided to have the rocks put on common property and failed to draw this new danger to your attention, you may have a case against the body corporate.

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