Soliciting Advice: Big Condo at fault for damages

[roufma]

Hi All,

Yesterday my wife went to our daughter’s school to pick her up and parked the car at the designated parking area inside the school. Beside the school a big condo is currently being erected and they dropped a large metal pipe by accident. Luckily no one got hurt but two cars including ours got severely damaged.

 

My car has a first class insurance with Viriyah. They came over, discussed with the Condo Safety office and took the car to dealer’s place for repair. As it turned out it’s a major repair and the dealer body shop informed me today, the earliest we can expect to get the car back is around Mid April (nearly 3 months).

 

In presence of the school authority and insurance company, the condo agreed to pay for a rented vehicle for the period our car will be out for repair. It was agreed yesterday, that after every one week, upon submission the rental receipt, they will reimburse the renting cost. I asked them to get a car rented and hand it over to me, but they said, they can only post-pay the rent but can not find a car for me.

 

Now, I’m a bit confused. As we are looking at a considerable longer time frame, what about if I rent a car and down the line they just refuse to pay. I don’t really have anything written on paper except I guess, Viriyah got them in writing to pay for the repair cost. 

 

Looking for advice who might have similar experience of handling big companies for paying replacement car/cost of damages. How should I proceed to make sure that my damages does not get increased further. I intend to meet them again next week for asking for advance payment; some pointers for argument would be much appreciated. 

 

Thanks in anticipation.  

 

Edited February 6, 2020 by roufma

[saakura]

Beside the school a big condo is currently being erected and they dropped a large metal pipe by accident (?).

 

Why the ? mark,  do you think they delibeately had someone standing on the top with a big pipe in hand to drop it on your car?

[roufma]

@saakura, I doubt its deliberate. 

 

But dont you think, if a school full of children are there besides a construction site, then the condo admin should have proper safety measure put in place. FYI, the district office has already made them stopped the construction work before taking necessary safety measure after yesterday's accident. And it was not the first accident. Similar thing also happened a few months back. 

 

Do you still think, the question mark is unwarranted? 

[SteveK]

Nightmare. Get something in writing ASAP or you might find that they will just tell you to claim on your insurance.

[saakura]

2 minutes ago, roufma said:

@saakura, I doubt its deliberate. 

 

But dont you think, if a school full of children are there besides a construction site, then the condo admin should have proper safety measure put in place. FYI, the district office has already made them stopped the construction work before taking necessary safety measure after yesterday's accident. And it was not the first accident. Similar thing also happened a few months back. 

 

Do you still think, the question mark is unwarranted? 

The construction site needs to be closed down if these kind of accidents are happening even after being warned and the responsible guys penalised severely! And yes, a (?) mark is still unwarranted if it was not a deliberate act. It was an accident caused by utter carelessness.

[roufma]

3 minutes ago, saakura said:

 And yes, a (?) mark is still unwarranted if it was not a deliberate act. It was an accident caused by utter carelessness.

Okay, Thanks. Edited now. 

My non-native English proficiency is proved inadequate again. 

[Skallywag]

43 minutes ago, roufma said:

dropped a large metal pipe by accident. Luckily no one got hurt but two cars including ours got severely damaged.

 

My car has a first class insurance with Viriyah.

I believe it is the insurance company's responsibility to provide you with a rental while your car is being repaired.  Did you ask Viriyah about this?  

 

[Pravda]

Insurance should pay for your rental. Period. 

[impulse]

5 minutes ago, Pravda said:

Insurance should pay for your rental. Period. 

 

Whose insurance?  There are implications to future coverage and the rates should the OP's insurance have to pay for the rental.  

 

While I agree, the question is whether the OP's insurance should pay, then seek reimbursement from the condo -or their insurance.   Or should the OP seek payment direct from the condo?  

I'd suggest the OP contact his insurance guy for guidance.  That's what he's paying the premiums for.

 

[DaRoadrunner]

Make sure Viriyah have got everything covered in writing from the Condo and their insurers. Get a copy of this.

 

Check if Viriyah will cover your car rental and they will claim the cost back from the Condo.

 

Before renting a car you also want a letter from the Condo confirming they will pay for as long as it takes to repair your own car. Tell them in advance that you have been informed it could take three months.

 

Viriyah should act responsibly and sort it all out for you. Check and get this confirmed in writing.

 

 

[bbi1]

3 months to fix the car??? What the hell! And that's meant to be a 1st class insurerer??? I guess it's better not owning a car in Thailand if 1st class insurers take 3 months to fix a car! Use taxis and bts/mrt and buses. Super easy to get around BKK without needing to own a car, not to mention cheaper as well.

Edited February 7, 2020 by bbi1

[lamyai3]

Is Big Condo the minister in charge of overseeing these things? 

[Beggar]

"Now, I’m a bit confused. As we are looking at a considerable longer time frame, what about if I rent a car and down the line they just refuse to pay. I don’t really have anything written on paper except I guess, Viriyah got them in writing to pay for the repair cost. "

 

Perhaps you can ask them to pay weekly bills and not wait for the big final bill. Then you see already if they are willing to pay anything. Even having something in writing does not always mean much. You might need a lawyer and go to court to see your money - in the worst case. In respect of insurance coverage - I have learned not to rely on it. Such companies have experts that might do everything to avoid payments. Perhaps you were not allowed to park your car there or whatever. 

[roufma]

Update: Thanks all for the suggestions. I talked to Viriyah - they said they will only cover the repair cost and cant take any responsibility for the replacement car (unless, I agree to take the car which is badly damaged to one of their enlisted garage rather than to the dealer body shop). 

 

Their suggestion is to talk to the condo people who are at fault; but they cant play the intermediaries for any negotiation. 

Quite a frustrating response from one of the insurance market leaders!  ????

[asiaexpat]

Most Thai class 1 insurance does not cover rental car while customer's car is in for repair. Without a proper agreement signed by an authorized person the condo builder could (a most likely will) deny reimbursement for car rental. It pays to read one's insurance policy very well and understand limitations. Also, three months for repair is very unreasonable and should be questioned.

[Just Weird]

On 2/6/2020 at 10:13 PM, Skallywag said:

I believe it is the insurance company's responsibility to provide you with a rental while your car is being repaired.  Did you ask Viriyah about this?  

 

 

On 2/6/2020 at 10:21 PM, Pravda said:

Insurance should pay for your rental. Period. 

Only if that is provided for in the policy, some do, some don't.

[Just Weird]

On 2/7/2020 at 7:30 AM, bbi1 said:

3 months to fix the car??? What the hell! And that's meant to be a 1st class insurerer???

Insurers do not repair vehicles, body shops do that and, if the damage is substantial, parts may have to be ordered from overseas.

[Just Weird]

On 2/7/2020 at 10:47 AM, roufma said:

Update: Thanks all for the suggestions. I talked to Viriyah - they said they will only cover the repair cost and cant take any responsibility for the replacement car (unless, I agree to take the car which is badly damaged to one of their enlisted garage rather than to the dealer body shop). 

 

Their suggestion is to talk to the condo people who are at fault; but they cant play the intermediaries for any negotiation. 

Quite a frustrating response from one of the insurance market leaders!  ????

Frustrating, I agree, bit not unreasonable, The insurer has given you an option that provides a replacement car and it was your choice to decline it.  The incident did not involve Viriyah and it is not their responsibility to negotiate on your behalf for something that it has offered but you refused.

 

Incidentally, there is nothing wrong with repairs being made by the insurers authorised repairers; just because they don't have the manufacturers name does not mean that they cannot do equally good, or even better, repairs.

 

 

[Why Me]

I am wondering if I would want back a car after repairs that took 3 months.

[Number 6]

On 2/7/2020 at 10:47 AM, roufma said:

Update: Thanks all for the suggestions. I talked to Viriyah - they said they will only cover the repair cost and cant take any responsibility for the replacement car (unless, I agree to take the car which is badly damaged to one of their enlisted garage rather than to the dealer body shop). 

 

Their suggestion is to talk to the condo people who are at fault; but they cant play the intermediaries for any negotiation. 

Quite a frustrating response from one of the insurance market leaders!  ????

Not surprised.

 

Do see the proper authorities find out about the pipe dropping on school grounds. I'd also tell the school they are somewhat at fault as well.

[inThailand]

Let your insurance agent sort it. They don't want to pay, so their motivated.

[Max69xl]

On 2/6/2020 at 9:35 PM, roufma said:

@saakura, I doubt its deliberate. 

 

But dont you think, if a school full of children are there besides a construction site, then the condo admin should have proper safety measure put in place. FYI, the district office has already made them stopped the construction work before taking necessary safety measure after yesterday's accident. And it was not the first accident. Similar thing also happened a few months back. 

 

Do you still think, the question mark is unwarranted? 

" How should I proceed to make sure that my damages does not get increased further?"

Your insurance company will pay for the repair of the car, right? If you rent a car for one week and give the bill to the condo builder, you'll see what happens. If they gladly pay the bill, why worry?  Regarding the 3 months repair in the auto shop, it's not unheard of. A friend of mine crashed his car and it took at least 3 months, I think it took longer than that.

Edited February 10, 2020 by Max69xl

[scorecard]

On 2/7/2020 at 1:35 AM, roufma said:

@saakura, I doubt its deliberate. 

 

But dont you think, if a school full of children are there besides a construction site, then the condo admin should have proper safety measure put in place. FYI, the district office has already made them stopped the construction work before taking necessary safety measure after yesterday's accident. And it was not the first accident. Similar thing also happened a few months back. 

 

Do you still think, the question mark is unwarranted? 

Plus, why didn't the school be proactive and tape off the area where a drop could happen?

 

[ifmu]

really you ask us  ???  this is a lawyer question and you may get a correct answer .. maybe 

 

but if i was u .. i would get a senior officials email addy and start emailing with questions and then follow up questions .. THEN you have a paper trail

or 

you could start a facebook page in thai.english and start with how happy you are with the school board insurance and condo people with details of arrangement  and explain how great they are  THEN IF THEY RENEGE  follow up with complaining .. 

Edited February 10, 2020 by ifmu
da#n hot keys

[Gandtee]

On 2/7/2020 at 3:35 AM, SteveK said:

Nightmare. Get something in writing ASAP or you might find that they will just tell you to claim on your insurance.

A verbal agreement is not worth the paper it is written on????

[moontang]

A hotels garbage truck dropped a dumpster and it fell onto my car.  They paid, but it was never the same.  I should have immediately spoken to an attorney.  A new car would have been reasonable.

[Just Weird]

On 2/9/2020 at 1:34 AM, Number 6 said:

I'd also tell the school they are somewhat at fault as well.

How?

[Number 6]

1 hour ago, Just Weird said:

How?

They are in charge of the safety on the school grounds. The construction site should have netting or other such material to catch falling objects. This is pretty standard even in Thailand. Certainly next to a school!

 

Admin park their cars there daily. They never look up and notice that? I sure would.

[fhickson]

have them put it in writing. no offense, but thats what insurance companies do.

 

verbal promises are not sufficient.

[Just Weird]

17 hours ago, Number 6 said:

19 hours ago, Just Weird said:

How?

They are in charge of the safety on the school grounds. The construction site should have netting or other such material to catch falling objects. This is pretty standard even in Thailand. Certainly next to a school!

 

Admin park their cars there daily. They never look up and notice that? I sure would.

The condo construction was not on the school premises, the school does not have any responsibility over the netting on another property or authority over how it operated!  Those responsibilities are not "pretty standard" for any third party.