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Window fell down to a car from my room


anthobkk

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The owner bought the exclusive right to use the area as mentioned don the chanotte. He did not buy the floor, ceiling walls etc. (in fact anything you see). Also the windows are considered common area.

Damage should be covered by the insurance policy of the condominium. My two cents.

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Does that window slide back and forth like many doors do? It appears that way to me. I have a house with this type of door and there is an adjustable roller assy in the bottom. I would guess this roller was mis-adjusted. Thats the reason it fell out. Has anyone worked on this window of late? Is it a new install? Maybe you should call the company who installed this if it is new or rather the condo owner contact them. It will be a hard go I am sure. I wonder if condo has insurance? We had a flood in our Condo in Nontaburi from the water pipes that damaged many condos. It has been more than 2 years but we were asked to fill out insurance papers 2 weeks ago so we might get payed back for 10,000 baht in damage it caused.

I can see the "pane" this window has caused. (sorry I could not resist)wai2.gif

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Sadly you made 2 mistakes:

  • you said it happened while you opened the window
  • you wrote the windows were fine when you moved in

Actual it was 3, you basically admitted liability when you went and told them what had happened, you have said nothing and let them come to you

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Sadly you made 2 mistakes:

  1. you said it happened while you opened the window
  2. you wrote the windows were fine when you moved in

Exactly, spot on.

The OP has admitted that the window was in good order according to his own statement, and it fell out while he was opening it. Meaning an action being performed on the window by the OP caused it to break loose and fall out.

He may just as well ask; how much? And pay up.

Now this has become a case of getting out the situation as ecomonically as possible.

Edited by Beetlejuice
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looking at the pics provided the window is in backwards, the fixed section is supposed to be in the outdide chanel so that a fly screen can go next to it without impeding the slider. A sliding section is always on the inside so it cannot fall outwards or be removed easily, I have been in the building industry for over 40 years, the window has been put in the wrong way around. You will probably find they wanted the window to open a certain way and put it in backwards rather than get the correct opening one plus all the people working on building sites are not tradesmen so they do not know the difference. I would be looking at getting a qualified building engineer/architect to state that the window has been put in incorrectly, then it is not your fault. You can tell by looking at the lower section(interior and exterior frames are different), also look at the other windows in the building to see if they are set the same way if they open in a different direction.

Edited by seajae
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The auto insurance will cover it if they have 1st class insurance. The liability is on the owner but in the future you might want to buy renters insurance this would have been covered. If they damns cost from you weigh the cost of moving and paying. If it were me they would be paying me for the grief

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Repair cost Baht 9,000 for silver car and Baht 4,000 for white car. If you end up having to pay refuse for it to be done at a main dealer and insist on 3 quotes from backstreet garages. If car owners say must be main dealer ask what insurance they have. If 1st class then tell them to claim their own insurance. If not first class insurance, then their own insurance wouldn't even allow them to go to main dealer but maybe end up at backstreet repair shop.

Just a different scenario. What would you do if you owned the car and you didn't have insurance cover and it was your window that hit your car. Would you press for the owner of the apartment to reimburse your out of pocket expenses (car repair and replacement window cost) Whatever your answer would be to that scenario is what you should do in your current situation.

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If a Thai lived there Window commits suicide whistling.gif

I think you are about to learn how Thai's deal with these things

The car with insurance will be no problem

The other car, just buy him a new one its cheaper

I had a woman hit my parked car one night

After all the fuss of police and insurance was over she wanted me to rent car for her

After about a dozen phone calls

All she got was lots of phone calls at night from men looking for a good time cheesy.gif

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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

Ah! You're the guy that reversed into my parked car and took off so you wouldn't have to pay for the damage.

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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

And don't forget keep smiling as the lies pour outwhistling.gif

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It appears to be a regular sliding, extruded type window that moves on rollers.

The rollers can be adjusted through the holes on the side, one hole can be seen on the picture.

If they are not correctly adjusted, or the wheels are in need of lubrication, they can come off the tracks and become loose.

They can sometimes be easily lifted off the track too and are a security concern.... on lower installations.

I think we all know the workmanship we face in Thailand is poor and responsibility is shirked.

If you can get your landlord to contribute you have done well, or is she has the condo insured, that should cover it.

Otherwise I think you will end up being responsible.

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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

ble to pay the damages, Please, do not, not hold rent payment to the landlord as some people woud have a tendency to do....you have then broken the law and it woun't turn out pretty - I see this as a 50/50 split for about 20-30,000 baht. Pay it, and move because you no longer feel safe in that apartment. Haven;'t seen it, but I always get renters insurance, even had it in Bangkok when I lived in a US Govt rented house "just in case" becaue you never know 'when a window might fall out'

Sorry this happened, but if old "Letter M, Friday 13th only dealt this to you, consider yourself lucky.

violin.gif

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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.

I would stand my ground and definitely not pay .if they threaten you get good legal advice . Of course being a Farang ,they will only try to extort you first. Ask yourself what would a thai do in this situation and do the same.

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Just to it Thai-style...

Deny that it is your window on the car - and if that does not work, then find someone else to blame... If none of the above works and you are beginning to "lose face", then attack and try to kill anyone accusing you!

Just don't "lose face"!

Edited by khunpa
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How stupid are the reply's? Owner should have building insurance, there is no fault "shit" happens..

Check with owner on the cover, should have due to plumbing issues etc that are more likely to happen than a window falling out.

If owner is unhelpful get your self a lawyer.

Not sure in Thailand but in AU body corporate normally handles things like this in an apartment block, so check with the manger, I mean there meant to keep thing operational and in ship shape for heavens sake.

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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 must teach Ethics at the University.

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As I suggested in a previous post blame it on the bad spirits in the condo, they pushed out the window, and as of this morning we have seen that Thai airways has blamed the recent incident at swampy ( refer to news section) on bad spirits at the airport,that caused the plane to go off the runway so f it's good enough for Thai Air, tis good enough for you

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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 must teach Ethics at the University.

At a thai university it would be a very short course indeed.....

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Nooooooo when its to hard for a Thai there is a blank stare sometimes a little smile and dead silence.

I had to deal with a sports store in BKK last year over a pair of addidas sneakers that were faulty, little bit of grand standing and demanding they get addidas customer service on the phone to get something done, I returned 1 month later to check on my claim when they saw me they asked me to call addidas, I got the manager and he had not received my sneakers they were still under the desk where I was standing.

1 week later I was asked to choose a new pair and staff took my picture with my choice...can you belive that?

The window is part of the building and should be covered by somebody's building insurance other wise the owner is liable even in Thailand...... or you could take legal action against the construction companytongue.png

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I wouldn't pay a dime as there is insurance on this stuff. Additionally, I would stop paying rent until the window is repaired or agreed to be repaired by the owner of the unit. You signed a contract to rent space. Included in that contract is the right to enjoy, privacy and be assured of a safe environment. (Amongst other rights). Your contract is now in default, by no means of yourself, or others for that matter. The owner and the building management folks should/ will do the right thing. Have you proceeded in this direction? Are people already dodging responsibility? Trying to push you around? If so, split! Many nice condos in cm and as I said, the contract to lease is now, currently in breach.

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I wouldn't pay a dime as there is insurance on this stuff. Additionally, I would stop paying rent until the window is repaired or agreed to be repaired by the owner of the unit. You signed a contract to rent space. Included in that contract is the right to enjoy, privacy and be assured of a safe environment. (Amongst other rights). Your contract is now in default, by no means of yourself, or others for that matter. The owner and the building management folks should/ will do the right thing. Have you proceeded in this direction? Are people already dodging responsibility? Trying to push you around? If so, split! Many nice condos in cm and as I said, the contract to lease is now, currently in breach.

Stop paying the rent is the worst thing the OP can do in this instance as will he will be in breach, and will certainly loose his deposit, and why in this instance is the contract in default/ or even breached ?.....your talking through your bottom....if we are talking contact the OP when he signed the contact accepted that the condo was in "order"..rights rights rights.....you do know where you are Toto ?

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