Window fell down to a car from my room

[anthobkk]

Hey,

I woke up this morning in my condo, open the curtains and my wall window fell of to the ground...on a car...I don't have insurance...but I feel this is absolutely not supposed to happen.

What should I do ?

The owners of the car will go to their insurance...but I feel like why my window fell of like that. I'm trying to contact the owner but not sure then...any advice ?

[angiud]

An absolutely stupid and not funny post deleted

[nonthaburial]

I would imagine that your Land lord would be responsible for such maintenance, not you so very diplomatically give the car owner your Landlords number.

Failing that use the Insurance Companies last resort Act of God

[anthobkk]

Well, so I went downstairs, with building security and car owners. One guy doesn't have insurance so he told me he will bring it to a garage and tell me how much it will cost, the other guy called his insurance. Then I called the my landlord, who doesn't believe me and said I must have pushed the window, I told her that why would I throw my own window to some cars downstairs....and then she told me that she didn't understand why I opened it and that I was not even supposed to do it...

Building security went to my room and saw that I didn't break the frame or anything else but told me that tomorrow they will tell me how much I have to pay for it...

I told them that I won't pay, at least I won't be the only one to pay for that since windows are not supposed to fly from a building.

So I'm waiting -__-

Here's my dead window:

[Berkshire]

Well this is a first. Yes, the OP, you're right in that windows don't typically fall out like that. Which is probably why the owner thinks you must have pushed it out. Or perhaps the previous tenant, or "somebody" loosened it somehow. But I would imagine that if you owned one of the cars below that got damaged, you would certainly be seeking restitution. Someone would have to determine whether the window was faulty, but assigning blame in this case is not easy. Imagine if you owned the unit and your tenant says that the window just magically fell out onto the car below. You'd probably be a little skeptical as well.

[anthobkk]

Well this is a first. Yes, the OP, you're right in that windows don't typically fall out like that. Which is probably why the owner thinks you must have pushed it out. Or perhaps the previous tenant, or "somebody" loosened it somehow. But I would imagine that if you owned one of the cars below that got damaged, you would certainly be seeking restitution. Someone would have to determine whether the window was faulty, but assigning blame in this case is not easy. Imagine if you owned the unit and your tenant says that the window just magically fell out onto the car below. You'd probably be a little skeptical as well.

Yes I totally agree. I would get mad to see my car like that and also won't understand how a window can fall out if I was the owner.

Now, I just don't know if insurance will do something or if I will have to pay for all. I'm sure this window could have fallen during a big storm even if I was not at home.

But something for sure, they should understand that no "normal" people will wake up and push their own windows to the ground once they wake up before going to work. If it was 3AM, and I was drunk and shit, yeah why not...

I'm trying to calm down and feeling like it could have been much worse if someone was walking downstairs.

Do you think a window, and those damages on that car are expensive ?

Edited September 13, 2013 by anthobkk

[Soutpeel]

Personally I think you handled this the wrong way, I know you tried to do the right thing, but should have handled it the thai way, close your curtains and deny any knowledge of the window falling out, and then on the quiet get the window fixed, the fact you have brought this to people's attention, your going to be paying for both the car and a new window

[tingtong]

Is anywhere in your rental agreement that the window supposed to be all time closed/never opened?

If yes, your fault.

If not, then it is the owners responsibility, as windows as such operate the way that they open and close.

They dont operate the way that they fell to cars. Thus a faulty window, what is the owners responsibility, as you suppose to be rented out the place safe and sound.

Also, not having the condo insured is too the owners fault or responsibility, not of the renters.

To put this all into context, what would happen if this not a condo, but you stay in a hotel room?

If there is no sign of force the wrong way, then it wouldnt be the guests problem what happens, moreover the guest would be entitled to another room with window while this problem taken care of.

While not the same, happened to me that the bathroom sink in the guesthouse fell, and broke to pieces, and i didnt do anything apart from waching hand. No money asked, nor paid. Was not my responsibility.

Just as this window is not yours!!

[Berkshire]

Do you think a window, and those damages on that car are expensive ?

Luckily, body work in Thailand is relatively inexpensive. I don't know the extent of the car damage, but it shouldn't be but a few thousand baht.

[Soutpeel]

Do you think a window, and those damages on that car are expensive ?

Luckily, body work in Thailand is relatively inexpensive. I don't know the extent of the car damage, but it shouldn't be but a few thousand baht.

The damage on that rear end getting fixed at the dealers is going to be more than a few thousand based on that photo

[TheSpade]

I thought this was a wind up to begin with until you posted pics.

Bit of schadenfreude here. Sorry to laugh at your misfortune but this is genius.

[harrry]

If you own the condo you may have a problem if the windows are not considered part of the condo.

If you rent the condo it is either the owner or the condo...depending on whether defined as an extenal wall etc who would be responsible.

[FritsSikkink]

Personally I think you handled this the wrong way, I know you tried to do the right thing, but should have handled it the thai way, close your curtains and deny any knowledge of the window falling out, and then on the quiet get the window fixed, the fact you have brought this to people's attention, your going to be paying for both the car and a new window

You think the car owner would never see which window was missing?

[krisb]

Lucky no ones dead.

[Gsxrnz]

Did you realise that today is Friday 13th? Black Friday!!

[Paangjang]

Is anywhere in your rental agreement that the window supposed to be all time closed/never opened?

If yes, your fault.

If not, then it is the owners responsibility, as windows as such operate the way that they open and close.

They dont operate the way that they fell to cars. Thus a faulty window, what is the owners responsibility, as you suppose to be rented out the place safe and sound.

Also, not having the condo insured is too the owners fault or responsibility, not of the renters.

To put this all into context, what would happen if this not a condo, but you stay in a hotel room?

If there is no sign of force the wrong way, then it wouldnt be the guests problem what happens, moreover the guest would be entitled to another room with window while this problem taken care of.

While not the same, happened to me that the bathroom sink in the guesthouse fell, and broke to pieces, and i didnt do anything apart from waching hand. No money asked, nor paid. Was not my responsibility.

Just as this window is not yours!!

Very good post. Agree with his points. Long story short... Contract (can not open window mwntioned?) If not...Landlord is responsible. End of. Good luck

[jackr]

Try to do a deal with both. You know how it is here, it's not the same as the West, where you don't end up paying when someone else is at fault, but don't be bent over. Whatever happens, be prepared to lose your deposit in the condo.

I feel for you.

Edited September 13, 2013 by jackr

[anthobkk]

Did you realise that today is Friday 13th? Black Friday!!

Hahaha ! I just realize now ! Well Friday 13th definitely sucks hahah !

Regarding the comment " Do the Thai way, close your curtain, be quiet and fix your window"...

I think this is worse ! First of all, if I ask someone to come and fix my window he will have to go trough the security downstairs which will relate immediately to the incident. 2nd, it is easy to see from where the window fell from, also have witnesses in the opposite building, and finally i would feel so guilty and stressed about that if I just tried to hide it.

The cars owners are really nice and understand me. I just worry about the grey car on the right which looks like quite expensive...There're only shitty cars downstairs such as old honda or toyota...but no, I've got to hit a white chevrolet SUV and a nice Nissan Teana.

One guy also asked me how much I have in my bank account...I didn't want to answer. I feared like "oh farang have money he can pay"...

I'll will update it tomorow !

[jackr]

They might be able to get in there and ping those panels out.

Ignore the prick asking how much you have in bank and just think yourself lucky a little nipper wasn't climbing out the back seat at the time or car owner unloading the boot.

[taotoo]

it's not the same as the West, where you don't end up paying when someone else is at fault,

You've obviously never had a car accident where the other party denies fault, and your insurance company agrees to go 50/50 to save themselves any hassle.

[jackr]

^^ No, because I know how to drive.

But not a good example. We're clearly talking shoddy workmanship here, wrong place, wrong time scenario. Just with the act of being there, such as at the scene of an accident after the event, will often place one in the firing line.

[Kilgore Trout]

Well this is a first. Yes, the OP, you're right in that windows don't typically fall out like that. Which is probably why the owner thinks you must have pushed it out. Or perhaps the previous tenant, or "somebody" loosened it somehow. But I would imagine that if you owned one of the cars below that got damaged, you would certainly be seeking restitution. Someone would have to determine whether the window was faulty, but assigning blame in this case is not easy. Imagine if you owned the unit and your tenant says that the window just magically fell out onto the car below. You'd probably be a little skeptical as well.

If you've ever seen a building being built here you most certainly would not be skeptical in any sense of the word. The landlord knows this as well.

Just another typical blame the farang scenario, and just another apologist.....

[Berkshire]

Well this is a first. Yes, the OP, you're right in that windows don't typically fall out like that. Which is probably why the owner thinks you must have pushed it out. Or perhaps the previous tenant, or "somebody" loosened it somehow. But I would imagine that if you owned one of the cars below that got damaged, you would certainly be seeking restitution. Someone would have to determine whether the window was faulty, but assigning blame in this case is not easy. Imagine if you owned the unit and your tenant says that the window just magically fell out onto the car below. You'd probably be a little skeptical as well.

If you've ever seen a building being built here you most certainly would not be skeptical in any sense of the word. The landlord knows this as well.

Just another typical blame the farang scenario, and just another apologist.....

Kilgore, what on Earth are you talking about? I wasn't blaming anyone, just being realistic. And when I said "this is a first," I meant it. It's not like we see windows falling out of buildings in Thailand onto cars all the time, do we? As usual, you're just finding reasons to bash on the Thais.

[vtjforyou]

This is why i never park under windows...

[CanInBKK]

If you own the condo you may have a problem if the windows are not considered part of the condo.

If you rent the condo it is either the owner or the condo...depending on whether defined as an extenal wall etc who would be responsible.

If you read the whole post the OP mentions a landlord, obviously he rents.

I don't think saying that if he rents it'll be so cut and dried to push responsibility onto the unit owner. It is the responsibility of the owner to maintain "proper working order" under the premise that the tenant reports such faults to the owner. In a case where the lock bearing on a window is reported to be faulty and the owner refuses to fix it; subsequent damage from said window detaching from the rail would be the owner's responsibility. This is not the case here. A reasonable out would probably be a 50:50 split of the repair expenses between the tenant and the landlord.

[lemoncake]

I could be wrong but I believe legally, OP is liable to pay for the damage to cars, OP then has a choice to go after landlord, but will need to prove he did not break it himself, landlord then can go after the developer or "body corporate" as windows is part of building common area's.

Being in Thailand , OP would most likely be asked to pay for all the damages, unless can provide solid evidence he was not responsible for window breaking .

I would estimate damages to be over 50K, so would either be seeing a lawyer or contacting consumer protection board to seek advice/help

[Soutpeel]

I could be wrong but I believe legally, OP is liable to pay for the damage to cars, OP then has a choice to go after landlord, but will need to prove he did not break it himself, landlord then can go after the developer or "body corporate" as windows is part of building common area's.

Being in Thailand , OP would most likely be asked to pay for all the damages, unless can provide solid evidence he was not responsible for window breaking .

I would estimate damages to be over 50K, so would either be seeing a lawyer or contacting consumer protection board to seek advice/help

And obviously with the dual pricing policies in Thailand for farangs, better budget for 100k and negotiate down to 75k

But your correct, if the OP can't prove it wasn't their doing chances are going to stuffed for all costs

Edited September 13, 2013 by Soutpeel

[Beetlejuice]

To the OP:

It is extremely lucky that no one was seriously injured or even killed. You should thank good fortune for that.

Handle this the Thai way, by fobing off the problem onto someone else.

Firstly, do not get scared into submission by angry threats or warnings that you may suffer 2000 terrible fates if you don`t pay up.

Do not mention that the window fell out of it`s frame while you were opening the curtains or that you were anywhere near it at the time. Explain that either while you were in bed, watching TV, on your computer or in the shower, or anything rather than you were near it. Say that you heard a smash and on investigation, noticed that the window had fallen to the ground.

Explain to anyone or insurance company that has a claim for damages caused by the said window incident, that you only rent the accomodation, give them the landlord`s details and say; if they have any more inquiries, to contact the landlord directly. Smile, and walk away.

Do not admit any liability whatsoever, do not make any written statements or speak in depth to any claimants regarding the incident. Let them chase up the landlord your landlord and deal with it, you keep a low profile and say, this is not your problem.

Now, would I lie to you?

Edited September 13, 2013 by Beetlejuice

[lemoncake]

To the OP:

It is extremely lucky that no one was seriously injured or even killed. You should thank good fortune for that.

Handle this the Thai way, by fobing off the problem onto someone else.

Firstly, do not get scared into submission by angry threats or warnings that you may suffer 2000 terrible fates if you don`t pay up.

Do not mention that the window fell out of it`s frame while you were opening the curtains or that you were anywhere near it at the time. Explain that either while you were in bed, watching TV, on your computer or in the shower, or anything rather than you were near it. Say that you heard a smash and on investigation, noticed that the window had fallen to the ground.

Explain to anyone or insurance company that has a claim for damages caused by the said window incident, that you only rent the accomodation, give them the landlord`s details and say; if they have any more inquiries, to contact the landlord directly. Smile, and walk away.

Do not admit any liability whatsoever, do not make any written statements or speak in depth to any claimants regarding the incident, let your landlord deal with it.

Now, would I lie to you?

In theory I agree with you, however in reality I do not think its going to work.

They will simply call police and have OP arrested, it will then cost much much more.

I would seek legal advise first from a few lawyers, because they will tell him Thai way

[Kilgore Trout]

 

Well this is a first.  Yes, the OP, you're right in that windows don't typically fall out like that.  Which is probably why the owner thinks you must have pushed it out.  Or perhaps the previous tenant, or "somebody" loosened it somehow.  But I would imagine that if you owned one of the cars below that got damaged, you would certainly be seeking restitution.  Someone would have to determine whether the window was faulty, but assigning blame in this case is not easy.  Imagine if you owned the unit and your tenant says that the window just magically fell out onto the car below.  You'd probably be a little skeptical as well.

 

If you've ever seen a building being built here you most certainly would not be skeptical in any sense of the word. The landlord knows this as well.

 

Just another typical blame the farang scenario, and just another apologist.....

 

 

Kilgore, what on Earth are you talking about?  I wasn't blaming anyone, just being realistic.  And when I said "this is a first," I meant it.  It's not like we see windows falling out of buildings in Thailand onto cars all the time, do we?  As usual, you're just finding reasons to bash on the Thais.

 

Not true; I'm just saying it does'nt surprise me; not the window falling out and certainly not the landlord's reaction

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