Hi,

Was Wondering if anyone has any suggestions about this situation below? I am out of ideas and options.

I am a Secretary of a small NSW self-managed strata, and all Strata in NSW are required to hold Building Insurance with any
insurance company (eg: AAMI, CHU, etc).

We recently had an accident where a random car in public, hit and damaged our fence.

This fence is the common property between our Strata and an Adjoining Strata.

We got details of the car driver responsible and also his Comprehensive Car Insurance details. We contacted his insurance (GIO) and they
accept full responsibility.

We also contacted the Adjoining Strata and they refused to lodge a claim to their own Strata Insurance

I decided (stupidly in hindsight) to expedite repair of the fence via our own Strata Insurance company (AAMI). I reckoned that they would be more
experienced at this kind of event and would deal with it in weeks rather than months.

In hindsight, this was a mistake.

Our Strata AAMI insurance came back and said they will only pay 50% to repair the damage because "It is a common property between us and our neighbour",
even though 1) the car drivers insurance (GIO) already admitted all fault and 2) we are the innocent party in this situation.

My question is:

How can I recover 100% of the cost of the repair of the fence?

What should I do now?

Any ideas?

Noodle

Noodle wrote:
============
>
> Our Strata AAMI insurance came back and said they will only pay 50% to repair the damage because
>"It is a common property between us and our neighbour", even though 1) the car drivers insurance
> (GIO) already admitted all fault and 2) we are the innocent party in this situation.
>
> My question is:
>
> How can I recover 100% of the cost of the repair of the fence?

** Sue the other Strata for their 50% share.
Only takes a well written *lawyers* letter to the BC managers.
Their costs to defend such an action would exceed simply paying up.

BCs are always total fucking ASSHOLEs
Enjoy screwing them.

........ Phil

Noodle <oznoodle@gmail.com> wrote

> Was Wondering if anyone has any suggestions about this situation below?

Never ever own a strata title property.

> I am out of ideas and options.

> I am a Secretary of a small NSW self-managed strata, and all Strata in
> NSW are required to hold Building Insurance with any
> insurance company (eg: AAMI, CHU, etc).

> We recently had an accident where a random car in public, hit and
> damaged our fence.

> This fence is the common property between our Strata and an Adjoining
> Strata.

> We got details of the car driver responsible and also his Comprehensive
> Car Insurance details. We contacted his insurance (GIO) and they
> accept full responsibility.

So what is the problem ?

> We also contacted the Adjoining Strata and they refusedto lodge a claim
> to their own Strata Insurance

That is the sensible thing to do when the culprit's insurance
has admitted liability, and even if they have not done that or
are not comprehensively insured.

> I decided (stupidly in hindsight) to expedite repair of the fence via
> our own Strata Insurance company (AAMI). I reckoned that they would be
> more
> experienced at this kind of event and would deal with it in weeks rather
> than months.

> In hindsight, this was a mistake.

Yes, no reason why the car comprehensive insurance would be slower to pay.

It can make sense if the car isn't comprehensively insured.

> Our Strata AAMI insurance came back and said they will only pay 50% to
> repair the damage because "It is a common property between us and our
> neighbour",

They are right.

> even though 1) the car drivers insurance (GIO) already admitted all
> fault and 2) we are the innocent party in this situation.

Both are irrelevant. The car insurance would not be paying
your strata committee for the full cost of the new fence.

> My question is:

> How can I recover 100% of the cost of the repair of the fence?

You can't because you are not legally liable for the 100% of the
cost of repair of the fence.

> What should I do now?

Give the money back to AAMI and jointly claim on the car insurance
with the other strata committee. If the other strata committee isn't
interested in getting involved now that you have replaced the fence,
you can not bother to tell the car insurance that and they might just
assume its a joint claim if you word the claim ambiguously. They
may not require proof of anything but the cost of the new fence.

> Any ideas?

On Mon, 29 Aug 2022 23:23:19 +1000, Phil Allison <pallison49@gmail.com>
wrote:

> Noodle wrote:
> ============
>>
>> Our Strata AAMI insurance came back and said they will only pay 50% to
>> repair the damage because
>> "It is a common property between us and our neighbour", even though 1)
>> the car drivers insurance
>> (GIO) already admitted all fault and 2) we are the innocent party in
>> this situation.
>>
>> My question is:
>>
>> How can I recover 100% of the cost of the repair of the fence?

> Sue the other Strata for their 50% share.

No chance of that succeeding given that it is the car driver and
his insurance that is legally liable for the cost of the new fence.

> Only takes a well written *lawyers* letter to the BC managers.
> Their costs to defend such an action would exceed simply paying up.

No costs need be involved in defending that action.

Just ignore the demand and the claimant is fucked.

> BCs are always total fucking ASSHOLEs

Even sillier and more pig ignorant than you
usually manage and that's saying something.

> Enjoy screwing them.

Not gunna happen.

On 29-Aug-22 10:36 pm, Noodle wrote:
> Hi,
>
> Was Wondering if anyone has any suggestions about this situation below? I am out of ideas and options.
>
> I am a Secretary of a small NSW self-managed strata, and all Strata in NSW are required to hold Building Insurance with any
> insurance company (eg: AAMI, CHU, etc).
>
> We recently had an accident where a random car in public, hit and damaged our fence.
>
> This fence is the common property between our Strata and an Adjoining Strata.
>
> We got details of the car driver responsible and also his Comprehensive Car Insurance details. We contacted his insurance (GIO) and they
> accept full responsibility.
>
> We also contacted the Adjoining Strata and they refused to lodge a claim to their own Strata Insurance
>
> I decided (stupidly in hindsight) to expedite repair of the fence via our own Strata Insurance company (AAMI). I reckoned that they would be more
> experienced at this kind of event and would deal with it in weeks rather than months.
>
> In hindsight, this was a mistake.
>
> Our Strata AAMI insurance came back and said they will only pay 50% to repair the damage because "It is a common property between us and our neighbour",
> even though 1) the car drivers insurance (GIO) already admitted all fault and 2) we are the innocent party in this situation.
>
> My question is:
>
> How can I recover 100% of the cost of the repair of the fence?
>
> What should I do now?
>
> Any ideas?
>
> Noodle

NSW or Victoria

The position of your insurance company is not relevant. The real issue
is whether your neighbour just keeps their share of the payout from the
car driver's insurer, or hands it over to you.

If this is NSW or VIC you should have issued a fencing notice to your
neighbour. Since you did not, and it is too late now, you have no legal
way to recover the neighbour's share of the cost.

If you're lucky, they'll hand over the money they get from the car
driver's insurer. If not, then it's another thing to put down to
experience, and you'll know that your neighbour is an unethical bastard.

Sylvia.

Sylvia Else <sylvia@email.invalid> wrote
> Noodle wrote

>> Was Wondering if anyone has any suggestions about this situation
>> below? I am out of ideas and options.

>> I am a Secretary of a small NSW self-managed strata, and all Strata in
>> NSW are required to hold Building Insurance with any
>> insurance company (eg: AAMI, CHU, etc).

>> We recently had an accident where a random car in public, hit and
>> damaged our fence.

>> This fence is the common property between our Strata and an Adjoining
>> Strata.

>> We got details of the car driver responsible and also his
>> Comprehensive Car Insurance details. We contacted his insurance (GIO)
>> and they accept full responsibility.

>> We also contacted the Adjoining Strata and they refused to lodge a
>> claim to their own Strata Insurance

>> I decided (stupidly in hindsight) to expedite repair of the fence via
>> our own Strata Insurance company (AAMI). I reckoned that they would be
>> more
>> experienced at this kind of event and would deal with it in weeks
>> rather than months.
>> In hindsight, this was a mistake.

>> Our Strata AAMI insurance came back and said they will only pay 50% to
>> repair the damage because "It is a common property between us and our
>> neighbour",
>> even though 1) the car drivers insurance (GIO) already admitted all
>> fault and 2) we are the innocent party in this situation.

>> My question is:
>> How can I recover 100% of the cost of the repair of the fence?
>> What should I do now?
>> Any ideas?

> NSW or Victoria

The subject says NSW.

> The position of your insurance company is not relevant. The realissue
> is whether your neighbour just keeps their share of thepayout from the
> car driver's insurer, or hands it over to you.

Or the car driver's insurer gives AAMI half the value of the new fence.

> If this is NSW or VIC you should have issued a fencing notice to your
> neighbour. Since you did not, and it is too late now, you have no legal
> way to recover the neighbour's share of the cost.

Wrong.

> If you're lucky, they'll hand over the money they get from the car
> driver's insurer. If not, then it's another thing to put down to
> experience, and you'll know that your neighbour is an unethical bastard.

It isnt one neighbour, it is the strata committee of the next door
property.

On 30-Aug-22 11:59 am, Rod Speed wrote:
> Sylvia Else <sylvia@email.invalid> wrote
>> Noodle wrote
>
>>>  Was Wondering if anyone has any suggestions about this situation
>>> below?  I am out of ideas and options.
>
>>>  I am a Secretary of a small NSW self-managed strata, and all Strata
>>> in NSW are required to hold Building Insurance with any
>>> insurance company (eg: AAMI, CHU, etc).
>
>>>  We recently had an accident where a random car in public, hit and
>>> damaged our fence.
>
>>>  This fence is the common property between our Strata and an
>>> Adjoining Strata.
>
>>>  We got details of the car driver responsible and also his
>>> Comprehensive Car Insurance details.  We contacted his insurance
>>> (GIO) and they  accept full responsibility.
>
>>>  We also contacted the Adjoining Strata and they refused to lodge a
>>> claim to their own Strata Insurance
>
>>>  I decided (stupidly in hindsight) to expedite repair of the fence
>>> via our own Strata Insurance company (AAMI). I reckoned that they
>>> would be more
>>> experienced at this kind of event and would deal with it in weeks
>>> rather than months.
>>>  In hindsight, this was a mistake.
>
>>>  Our Strata AAMI insurance came back and said they will only pay 50%
>>> to repair the damage because "It is a common property between us and
>>> our neighbour",
>>> even though 1) the car drivers insurance (GIO) already admitted all
>>> fault and 2) we are the innocent party in this situation.
>
>>>  My question is:
>>>  How can I recover 100% of the cost of the repair of the fence?
>>>  What should I do now?
>>>  Any ideas?
>
>> NSW or Victoria
>
> The subject says NSW.

So it does.

>
>> The position of your insurance company is not relevant. The realissue
>> is whether your neighbour just keeps their share of thepayout from
>> the  car driver's insurer, or hands it over to you.
>
> Or the car driver's insurer gives AAMI half the value of the new fence.
>

More than likely, but the insurer is still liable to the neighbour for
the other half.

>> If this is NSW or VIC you should have issued a fencing notice to your
>> neighbour. Since you did not, and it is too late now, you have no
>> legal way to recover the neighbour's share of the cost.
>
> Wrong.
>
>> If you're lucky, they'll hand over the money they get from the car
>> driver's insurer. If not, then it's another thing to put down to
>> experience, and you'll know that your neighbour is an unethical bastard.
>
> It isnt one neighbour, it is the strata committee of the next door
> property.

And?

Sylvia.

Sylvia Else <sylvia@email.invalid> wrote
> Rod Speed wrote
>> Sylvia Else <sylvia@email.invalid> wrote
>>> Noodle wrote

>>>> Was Wondering if anyone has any suggestions about this situation
>>>> below? I am out of ideas and options.

>>>> I am a Secretary of a small NSW self-managed strata, and all Strata
>>>> in NSW are required to hold Building Insurance with any
>>>> insurance company (eg: AAMI, CHU, etc).

>>>> We recently had an accident where a random car in public, hit and
>>>> damaged our fence.

>>>> This fence is the common property between our Strata and an
>>>> Adjoining Strata.

>>>> We got details of the car driver responsible and also his
>>>> Comprehensive Car Insurance details. We contacted his insurance
>>>> (GIO) and they accept full responsibility.

>>>> We also contacted the Adjoining Strata and they refused to lodge a
>>>> claim to their own Strata Insurance

>>>> I decided (stupidly in hindsight) to expedite repair of the fence
>>>> via our own Strata Insurance company (AAMI). I reckoned that they
>>>> would be more
>>>> experienced at this kind of event and would deal with it in weeks
>>>> rather than months.
>>>> In hindsight, this was a mistake.

>>>> Our Strata AAMI insurance came back and said they will only pay 50%
>>>> to repair the damage because "It is a common property between us and
>>>> our neighbour",
>>>> even though 1) the car drivers insurance (GIO) already admitted all
>>>> fault and 2) we are the innocent party in this situation.

>>>> My question is:
>>>> How can I recover 100% of the cost of the repair of the fence?
>>>> What should I do now?
>>>> Any ideas?

>>> NSW or Victoria

>> The subject says NSW.

> So it does.

>>> The position of your insurance company is not relevant. The realissue
>>> is whether your neighbour just keeps their share of thepayout from
>>> the car driver's insurer, or hands it over to you.

>> Or the car driver's insurer gives AAMI half the value of the new fence.

> More than likely, but the insurer is still liable to the neighbour for
> the other half.

Yes, but they do need to claim that.

>>> If this is NSW or VIC you should have issued a fencing notice to your
>>> neighbour. Since you did not, and it is too late now, you have no
>>> legal way to recover the neighbour's share of the cost.

>> Wrong.

>>> If you're lucky, they'll hand over the money they get from the car
>>> driver's insurer. If not, then it's another thing to put down to
>>> experience, and you'll know that your neighbour is an unethical
>>> bastard.

>> It isnt one neighbour, it is the strata committee of the next door
>> property.

> And?

So you stuffed up, 3 times.

On 30-Aug-22 12:59 pm, Rod Speed wrote:
> Sylvia Else <sylvia@email.invalid> wrote
>> Rod Speed wrote
>>> Sylvia Else <sylvia@email.invalid> wrote
>>>> Noodle wrote
>
>>>>>  Was Wondering if anyone has any suggestions about this situation
>>>>> below?  I am out of ideas and options.
>
>>>>>  I am a Secretary of a small NSW self-managed strata, and all
>>>>> Strata in NSW are required to hold Building Insurance with any
>>>>> insurance company (eg: AAMI, CHU, etc).
>
>>>>>  We recently had an accident where a random car in public, hit and
>>>>> damaged our fence.
>
>>>>>  This fence is the common property between our Strata and an
>>>>> Adjoining Strata.
>
>>>>>  We got details of the car driver responsible and also his
>>>>> Comprehensive Car Insurance details.  We contacted his insurance
>>>>> (GIO) and they  accept full responsibility.
>
>>>>>  We also contacted the Adjoining Strata and they refused to lodge a
>>>>> claim to their own Strata Insurance
>
>>>>>  I decided (stupidly in hindsight) to expedite repair of the fence
>>>>> via our own Strata Insurance company (AAMI). I reckoned that they
>>>>> would be more
>>>>> experienced at this kind of event and would deal with it in weeks
>>>>> rather than months.
>>>>>  In hindsight, this was a mistake.
>
>>>>>  Our Strata AAMI insurance came back and said they will only pay
>>>>> 50% to repair the damage because "It is a common property between
>>>>> us and our neighbour",
>>>>> even though 1) the car drivers insurance (GIO) already admitted all
>>>>> fault and 2) we are the innocent party in this situation.
>
>>>>>  My question is:
>>>>>  How can I recover 100% of the cost of the repair of the fence?
>>>>>  What should I do now?
>>>>>  Any ideas?
>
>>>> NSW or Victoria
>
>>> The subject says NSW.
>
>> So it does.
>
>>>> The position of your insurance company is not relevant. The
>>>> realissue  is whether your neighbour just keeps their share of
>>>> thepayout from the  car driver's insurer, or hands it over to you.
>
>>>  Or the car driver's insurer gives AAMI half the value of the new fence.
>
>> More than likely, but the insurer is still liable to the neighbour for
>> the other half.
>
> Yes, but they do need to claim that.
>
>>>> If this is NSW or VIC you should have issued a fencing notice to
>>>> your neighbour. Since you did not, and it is too late now, you have
>>>> no legal way to recover the neighbour's share of the cost.
>
>>>  Wrong.
>
>>>> If you're lucky, they'll hand over the money they get from the car
>>>> driver's insurer. If not, then it's another thing to put down to
>>>> experience, and you'll know that your neighbour is an unethical
>>>> bastard.
>
>>>  It isnt one neighbour, it is the strata committee of the next door
>>> property.
>
>> And?
>
> So you stuffed up, 3 times.

Rodbot fails to provide reasoning, as usual.

Sylvia.

Sylvia Else <sylvia@email.invalid> wrote
> Rod Speed wrote
>> Sylvia Else <sylvia@email.invalid> wrote
>>> Rod Speed wrote
>>>> Sylvia Else <sylvia@email.invalid> wrote
>>>>> Noodle wrote

>>>>>> Was Wondering if anyone has any suggestions about this situation
>>>>>> below? I am out of ideas and options.

>>>>>> I am a Secretary of a small NSW self-managed strata, and all
>>>>>> Strata in NSW are required to hold Building Insurance with any
>>>>>> insurance company (eg: AAMI, CHU, etc).

>>>>>> We recently had an accident where a random car in public, hit and
>>>>>> damaged our fence.

>>>>>> This fence is the common property between our Strata and an
>>>>>> Adjoining Strata.

>>>>>> We got details of the car driver responsible and also his
>>>>>> Comprehensive Car Insurance details. We contacted hisinsurance
>>>>>> (GIO) and they accept full responsibility.

>>>>>> We also contacted the Adjoining Strata and they refused to lodge a
>>>>>> claim to their own Strata Insurance

>>>>>> I decided (stupidly in hindsight) to expedite repair of the fence
>>>>>> via our own Strata Insurance company (AAMI). I reckoned that they
>>>>>> would be more
>>>>>> experienced at this kind of event and would deal with it in weeks
>>>>>> rather than months.
>>>>>> In hindsight, this was a mistake.

>>>>>> Our Strata AAMI insurance came back and said they will only pay
>>>>>> 50% to repair the damage because "It is a common property between
>>>>>> us and our neighbour",
>>>>>> even though 1) the car drivers insurance (GIO) already admitted all
>>>>>> fault and 2) we are the innocent party in this situation.

>>>>>> My question is:
>>>>>> How can I recover 100% of the cost of the repair of the fence?
>>>>>> What should I do now?
>>>>>> Any ideas?

>>>>> NSW or Victoria

>>>> The subject says NSW.

>>> So it does.

>>>>> The position of your insurance company is not relevant. The
>>>>> realissue is whether your neighbour just keeps their share of
>>>>> thepayout from the car driver's insurer, or hands it over to you.

>>>> Or the car driver's insurer gives AAMI half the value of the new
>>>> fence.

>>> More than likely, but the insurer is still liable to the neighbour for
>>> the other half.

>> Yes, but they do need to claim that.

>>>>> If this is NSW or VIC you should have issued a fencing notice to
>>>>> your neighbour. Since you did not, and it is too late now, you have
>>>>> no legal way to recover the neighbour's share of the cost.

>>>> Wrong.

>>>>> If you're lucky, they'll hand over the money they get from the car
>>>>> driver's insurer. If not, then it's another thing to put down to
>>>>> experience, and you'll know that your neighbour is an unethical
>>>>> bastard.

>>>> It isnt one neighbour, it is the strata committee of the next door
>>>> property.

>>> And?

>> So you stuffed up, 3 times.

> Rodbot fails to provide reasoning, as usual.

No reasoning involved with any of them.

YOU made the stupid pig ignorant claim that there
is nothing that can be done to get the other strata
committee to pay for the new fence now.

YOU get to substantiate that stupid pig ignorant claim.

THATS how it works.

Even sillier with the stupid claim that the neighbour
is an unethical bastard if they dont had over the
money from the car driver's insurance given that
you don't even know if that strata committee will
even make a claim on the car driver's insurance
given that the fence has now been replaced/fixed,
let alone that that it would be unethical to do that,
particularly if the car driver's insurance does hand
over the cost of the new fence to Noodle because
it was he that got the new fence done.