Insurance claim, who has to pay?

[acarmody]

I was working hard to night when my boss comes and tells me that a light pole has fallen on my car. After some choice swearing and when the rain and wind have died down I went and had a look. Not as bad as I expected but still enough for me to want to beat the crap out of someone, don't care who. Boss called Energex because the pole is very top heavy and still has power going to it, and could come free from the ground at any moment and leave live wires going. But when Energex get here they won't touch it because its private property (the light is one of my works car parks flood lights), and recommends our sparky. So we call our electrician who says that they will try and get something done about it in the morning.
So I'm now at home with my car still at work with a damn pole resting on it.

While there was quite a bit of rain and lighning and wind tonight, I wouldn't of thought that a steel pole would of broken like that. There isn't any branches broken (not even little ones) or debris at all in the carpark, not even in the trees next to the pole.

I took quite a few photos for insurance purposes, and also took a photo of the base of the pole, which clearly shows that the pole broke only about 2 inches below the ground level, my father also noticed a lot of rust on the pole. Whether the rust ate through the pole or not could mean all the difference to my insurance. But i'll talk to the sparky tomorrow when they remove the pole.

I'm going to call my insurance (comprehensive with Just Cars) in the morning because they don't have 24 hour phone lines. But what I need to know is who will have to pay for the excess? My work will undoubtingly have a clause somewhere, we accept no responsibility for cars in the carpark.....blah blah blah. To top it all off, we rent the building from the owner, we don't own the property.
Also can anyone say how bad this is? Cause I'm pretty sure this will have damaged the chassis for the roof, but can it be easily fixed? Also there are cracks in the paint, will they have to repaint the whole roof or can they gt away with touching it up?

I might try getting some off that free legal advice from RACQ (ultra member). Also I don't have a car at all until this is all fixed, because Just Cars (a$$holes) don't provide a hire car.

-Cheers, Adrian

[VrWagz1]

Try wringing your insurer, and tell them who owns the pole(the company you work for) and give them contact their contact details. And usually if they can contact them and get them to admit it was their pole, then they will get your car fixed for no cost to you and they will chase he costs out of your company. Worth a try. Its how my claim went a little while back, but was with nrma.

[acarmody]

Originally Posted by VrWagz1

Try wringing your insurer, and tell them who owns the pole(the company you work for) and give them contact their contact details. And usually if they can contact them and get them to admit it was their pole, then they will get your car fixed for no cost to you and they will chase he costs out of your company. Worth a try. Its how my claim went a little while back, but was with nrma.

I hope to heck that it will work out in an identical fashion but I doubt it. I might try calling RACQ legal advice first because have no relation to the damage or claim.
I'm pretty much going to have to convince Just Cars that they can probably get more money back from the property owner that from me paying my excess.

-Cheers, Adrian

[azzaVT]

See if your employer will lend you a car/ute etc... while yours is being repaired (because his premises and fittings aren't up to code, and bits of it has damaged your ride).

Also, "My work will undoubtingly have a clause somewhere, we accept no responsibility for cars in the carpark.....blah blah blah." is rubbish. Because even if you entered the site illegally you still have the right of safety. So, unless you signed an explicit waiver of your normal rights, you should still be covered by their insurance (that they will be required to have under state and local laws... unless you're living somewhere in the dark ages).

The trick is to not get worked up over it and always hold fast to the belief that you are not at fault in any way... becuase if you admit the slightest fault in any way, you'll get screwed. From what you have said, you have no fault.

[acarmody]

Get a car of the boss? We don't even have a company car.

I think I got a pretty solid case about claiming my money back. The pole in question was rusted all the way through.

I'll have a response from Just Cars tomorrow about the state of my car.

-Adrian

[Holdens Rule]

I'm pretty sure that legally you will have to pay the excess and your insurance more than likely wont care if you don't want to cause they will just sue you if you don't. I think also you have the right to sue the owner of the premises to pay your excess because it's from they're lack of maintenance that the pole rusted and broke but you will have to pay your excess first and then take them to court to regain that money. Sounds like crap but I'm pretty sure thats how it will go. If your boss doesn't own the property then he has no legal obligations to cover you but the landlord will and so you need to talk to him and suggest he pay your excess or you will take him to court and he will end up also paying your legal costs.

Don't hold me to that but that's what I think is the way it goes.

[acarmody]

Yeah Just Cars said that I will have to foot the excess initially ($1200), but that if they are successful in proving that the Club/Owner was negligent, then they will repay me the excess.
I'm pretty sure Just Cars will want to persue the case themselves so that they can reclaim all their money. And the insurance on the place is joint between the club and the owner, so one of them will be liable, and its the same policy, so.....

-Adrian

[fitz_vt]

Originally Posted by acarmody

My work will undoubtingly have a clause somewhere, we accept no responsibility for cars in the carpark.....blah blah blah

The pole was not up to regulation code therefore causing negligence of the company therefore making this clause if any null and void as it was not a safe place to park the car also you company must put a sign up that states "Owners Leave Vehicles At Own Risk" or something to this extent if not then your employer is liable.

Dont worry just car will fix your car if your company doest have insurance just car will fix it and give them the bill, the frame doesnt appear to be that bad from what i can see in the pictures you have taken but it will need some beating out, the windows will need replacing and if you have side airbags they will need to be replaced.

For the paint they will probably repaint the whole thing as it is metalic and you cant just patch that up.....

[Zuicider]

your pretty lucky u werent in the car park next to it, other wise u would have a convertable

[acarmody]

Originally Posted by fitz_vt

The pole was not up to regulation code therefore causing negligence of the company therefore making this clause if any null and void as it was not a safe place to park the car also you company must put a sign up that states "Owners Leave Vehicles At Own Risk" or something to this extent if not then your employer is liable.

Dont worry just car will fix your car if your company doest have insurance just car will fix it and give them the bill, the frame doesnt appear to be that bad from what i can see in the pictures you have taken but it will need some beating out, the windows will need replacing and if you have side airbags they will need to be replaced.

For the paint they will probably repaint the whole thing as it is metalic and you cant just patch that up.....

I know it doesn't look to bad, but i'm really worried about the main roof bars. Cause the pole landed just behind the B Pillar (?)(centre one). And funnily enough the side impact air bags didn't go off.

Would be great if they have to paint the whole car, I might want to change the colour.

Originally Posted by Zuicider

your pretty lucky u werent in the car park next to it, other wise u would have a convertable

What do you mean? My car was the one next to the pole. I park next to the garden bed where the pole was, and he car on the other side of me was a big Pajero.

And attached is a photo I took at the assessment centre. MY BABY
They'll tell me the outcome tomorrow (today).

-Cheers, Adrian

[Dayvo]

I doubt if they will paint the whole car , just the roof

[acarmody]

Originally Posted by Dayvo

I doubt if they will paint the whole car , just the roof

Bugger. Lol oh well, I just want my ever-reliable back on the road. Damn Just Cars don't give a damn hire car.

-Adrian