Window fell down to a car from my room

[barefoot1988]

i believe someone here did experience something very similar but he was staying in the hotel. search for the thread (could be in td, i couldnt remember very well) and pm the ts for more advise i guess

Edited September 13, 2013 by barefoot1988

[MegaRanter]

Windows falling off and wrecking cars, how a typical shitty day starts.

OP, if at the end you accept a cost to pay, in Thai method, never hand it over in one go, you could split it into instalments of six months. Never show you have some lazy funds lying around.

My neighbor once got a roofer to repair leaks on her roof, the guy managed to walk over to my own roof and succeeded in falling right thru to my bedroom, where my then wife was having a Sunday afternoon nap, she screamed the whole amphur up, the neighbors all arrived in light speed, we got her calm and picked up the repair guy. The neighbor said he would repair the roof the next morning, we all shhok hands, they left.

That night the mrs lost her eight weeks pregnancy.

[epicstuff]

I would get the building manager to take some photos and make a report

if it wasn't forced the manager will see and forward the report to the owner , you just have to shrug and say not your problem. when the owners see it is a genuine report and see the evidence they will have to back down and accept the claim against them; if they look like they will be difficult you have to make a police report take your contract with you. photos etc.

[NBD]

Unless there's some strong reason to think you have messed with the window and caused it to fall out then I can't see how on earth it can be your liability. It is clearly down to the owner.

Don't buy into this crap about TIT they'll just blame/fleece the farang. Stand your ground in a polite, non-confrontational way and get it sorted out. If you have a Thai friend you can trust to help you out then you'll be in a much stronger position. Surely the building must have some kind of public liability insurance?

I would also start making arrangements to move out of that condo as soon as possible.

Finally, don't expect a quick resolution unless you just want to throw money at it. I have noticed time cures a lot in Thailand, and if everyone can quietly forget about it without losing face then that is the route to take.

I would not be handing over a single Baht to cover shoddy workmanship on a rented condo though.

[Bung]

Those aluminium windows have rollers on the bottom that can be adjusted. To take the window out you get a screwdriver in there and back the screw out, the rollers will lower and you can lift the window up and out.

Over time the rollers wear out and can become loose like that, you open the window one day, the rollers jump the track and it can fall down.\\Most likely the roller would not have been adjusted properly from the strat and only a matter of time before it jumped the track and fell out. Check the other ones out. if you find other loose you should talk to the building owners as they may all be able to fall out.

Who's fault is it? anyone's guess but most likely you will be footing the bill because you are Farang and rich.

Luckily no one got hurt.

[JoeThePoster]

Shouldn't the landlord have insurance?

[Cuban]

The Thais will seek to extract money from you for the value of the repairs to cars and apartment PLUS their added farang tax on top.

Suggest that if you seek to avoid this make it legal and refer all claims to landlord - you were never going to get your deposit back anyway even if nothing had happened.

[epicstuff]

I see its one on them nasty sliding type windows, makes it a bit more vague because it is normally really easy to tell if the window in not on the track properly. they will either grate or get stuck. if you forced it rather than report it not working properly then I can see why they might blame you.. is it a modern building? I am surprised that windows like that are allowed in high level apartments they do have building regulations here. no idea what they say about window types. but mine are always falling out, normally when I get a bit impatient. it is definitely an accident waiting to happen . if you know you are innocent then stand your ground. Your conscience.

[Mudcrab]

Those aluminium windows have rollers on the bottom that can be adjusted. To take the window out you get a screwdriver in there and back the screw out, the rollers will lower and you can lift the window up and out.

Over time the rollers wear out and can become loose like that, you open the window one day, the rollers jump the track and it can fall down.\\Most likely the roller would not have been adjusted properly from the strat and only a matter of time before it jumped the track and fell out. Check the other ones out. if you find other loose you should talk to the building owners as they may all be able to fall out.

Who's fault is it? anyone's guess but most likely you will be footing the bill because you are Farang and rich.

Luckily no one got hurt.

They are designed, normally, to be removed from the inside. That is they fall in, not out. Maybe they were installed the wrong way around?

[anthobkk]

I've just received a mail from the agency who helped me to find this condo saying:

Dear khun Anthony,

The staff at xxxxxxxxx 's juristic office said that the owner of the damaged car would like to talk about the compensation for the damage of his car. So please contact Juristic office staff regarding this issue as soon as possible.

According to the inventory checklist, is the window in good condition on your move-in date?

Regards,

Here's my answer:

Dear Khun xxxx

Yes I think it was, windows were fine.

I 've never touch or opened this window before, I usually open another one. But for sure this window was incorrectly installed since I opened it this morning and then it fell down.

Maybe I should have check it first time I moved in, but the company who built this should have made it safe at first. If I had checked the window on my first time in the room it would have fell same as today and someone could have been killed.

Khun xxxxx said she will be able to come to check the room tomorrow morning and she will see that nothing had been forced or broken on the window's frame.

Regards

So now I'm starting to think that this is my bad since I didn't try to open this window the first day I moved in...well let's see what the owner will say tomorrow.

I think I will be ok for a 50/50 but if they don't want and if the amount is too expensive, I will maybe ask help to a lawyer.

Edited September 13, 2013 by anthobkk

[jackflash]

It looks like a rather flimsy sliding window with an aluminum frame.

The sort of thing which could easily jump out of it's tracks. You would always need to be very careful with it.

It's not the kind of window which should be installed on a high-rise, as it's not secured to the building in any way.

Incredibly dangerous, an accident waiting to happen.

[slipperylobster]

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

correction....Act of Buddha

[mortenaa]

This is a building flaw. Not your responsibility for sure. I wouldn't pay a cent. Landlord or even building, since it might be considered common area.

[tingtongteesood]

It isn't your fault that the building is badly made. The window fell out because nit wasn't properly installed, or it was installed with sub par elements.However if you own the room then it is your problem. If you rent the room then it is down to maintenance and I would say not your problem. If they give you grief then threaten to move out and do so if necessary.

[yourauntbob]

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 !

If they ask you how much you have in your bank tell them 25 stang....

[impulse]

If the car was insured against damage and parked under a tree in the woods and the tree fell on it, the insurance would cover the damage.

If your window fell on the car and did the damage, his insurance should still pay for repairs. Then the insurance company should decide who (if anyone) to go after for reimbursement.

You may want to deal with the car owner's insurance company. Then it's not about emotions, it's about culpability (and deep pockets). And I'd bet your condo owner's association has deeper pockets than you do.

That also precludes the possibility the insurance company will pay out and you'll pay out, too- a bonus for the car owner.

Edited September 13, 2013 by impulse

[kokesaat]

Before agreeing to pay anything, you might want to read today's English language newspaper....google Building Quality Issues........a homeowner's car port roof suddenly fell on his Volvo.

[yourauntbob]

also, take lots of pictures. get a picture of everything! get close up shots of the rollers (as described above) and close up shots of the window frame etc. i wouldnt put it past some people to tamper after the fact to make it look like you did something wrong.

[BuriramRes]

Is there a "Body Corporate" for these buildings? If so, the BC should hold insurance for the building & they would be responsible for any external maintenance. That is in the west (or at least in AUS).

There is no way that a tenant would be responsible for anything like that. If there is no "Body Corporate" then the owner would be responsible (full stop). If he is not willing to take responsibility, then a relocation would be in order & the worst you would have is possibly loosing your deposit.

[zaZa9]

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

I have spent 6 years watching these scenarios unfold .

The falang covering everything is the usual expectations.

I agree with the 2 above posts.

If you stonewall - be strong.

But better to consult a lawyer first.

[MrBrad]

As is so common in Thailand, like 99.9% of the time, the sliding windows are installed backwards. The outside track should have two solid, non-moving elements, i.e., one panel of glass and one panel of screen. Again, neither of those panels should slide.

The sliding panel should be glass and slide on the inside of the room.

This way, if there are insects or rain trying to get in while the window is open, all one has to do is close the sliding glass panel. The Thai-installed way involves sliding the screen to access the glass panel. This method allows the mosquitoes or the rain to enter while one is trying to close the window.

It also presents a real hazard in having the glass slide off the track, as happened in the original poster's case.

If I were he, I would present this argument. It may not do a lot of good, but it couldn't hurt.

Incidentally, when I had windows installed in my home, I specifically ordered windows and the sliding door with the screens on the outside. The manufacturer initially thought it was very strange, but after explaining the reason, he was convinced that this made more sense.

[biplanebluey]

This is why i never park under windows...

Your amazing sixth sense on impending danger from above astounds me ------ in other words a lot of bul$@*^#t

[GeorgeO]

To those who say the repairs to the car will be more than a few thousand baht, I simply comment that I was rear-ended and shunted into the car in front, so every panel with the exception of the doors (that is, upper and lower front and rear panels, upper and lower front and rear side panels) had to be replaced ... the total cost .... 22,000 baht, so a couple of rear panels will be somewhere around 3,000 to 4,000 baht.

To those of you who doubt who is to at fault for the falling window, a simple examination of the frame and the means of holding the window in place will determine whether the guy threw himself at the window causing it to fall out, or whether the fixings were simply inadequate.

[lemoncake]

I've just received a mail from the agency who helped me to find this condo saying:

Dear khun Anthony,

The staff at xxxxxxxxx 's juristic office said that the owner of the damaged car would like to talk about the compensation for the damage of his car. So please contact Juristic office staff regarding this issue as soon as possible.

According to the inventory checklist, is the window in good condition on your move-in date?

Regards,

Here's my answer:

Dear Khun xxxx

Yes I think it was, windows were fine.

I 've never touch or opened this window before, I usually open another one. But for sure this window was incorrectly installed since I opened it this morning and then it fell down.

Maybe I should have check it first time I moved in, but the company who built this should have made it safe at first. If I had checked the window on my first time in the room it would have fell same as today and someone could have been killed.

Khun xxxxx said she will be able to come to check the room tomorrow morning and she will see that nothing had been forced or broken on the window's frame.

Regards

So now I'm starting to think that this is my bad since I didn't try to open this window the first day I moved in...well let's see what the owner will say tomorrow.

I think I will be ok for a 50/50 but if they don't want and if the amount is too expensive, I will maybe ask help to a lawyer.

Mate, sadly here is your answer.

When you moved in and signed contract everything was ok( now I am not saying it's your fault for not checking, I do not think anyone would ever even think to check the windows )

But here is the position landlord and police would take, all was ok.

You now need to prove you did not do anything wrong , which I am afraid might be hard to prove.

Perhaps you had a witness with you in the room, possibly a Thai , that is the only thing in my opinion that may help your position.

Some people are giving you very wrong advice and I hope you do not listen as you may find yourself locked up.

Your scenario is like this

Upon renting the unit, everything was good.

Yes windows are common property, however it "broke" in your presence.

No one would ever accept the responsibility, even more so in Thailand,

You are guilty until you can prove otherwise and you have developer who will swear it was installed properly, as other windows have not fallen out .

Landlord who will swear all was good, as upon renting windows were good, you have body corporate( maintenance) who will swear all is well kept as no other windows fallen out and no complaints in the past .

So you are left alone to take the blame or prove otherwise, sadly I do not think your defense " look nothing was forced" will work.

Sorry for being negative but that's the reality.

Do keep in mind if police is called, you may well be arrested and charged.

Go see some lawyers, then see the damage and decide from there

[lemoncake]

To those who say the repairs to the car will be more than a few thousand baht, I simply comment that I was rear-ended and shunted into the car in front, so every panel with the exception of the doors (that is, upper and lower front and rear panels, upper and lower front and rear side panels) had to be replaced ... the total cost .... 22,000 baht, so a couple of rear panels will be somewhere around 3,000 to 4,000 baht.

To those of you who doubt who is to at fault for the falling window, a simple examination of the frame and the means of holding the window in place will determine whether the guy threw himself at the window causing it to fall out, or whether the fixings were simply inadequate.

To paint 1 panel is 2000 baht, in the pic shown its 3 panels already just for paint, plus glass, plus car rental while being fixed .

About inspection, what expert would one call to make that finding?

[jimbobs1]

This type of thing ALWAYS is the ferangs fault. I rented a condo in Pattaya for a month and signed the forms given,i was charged for a whole heap of small problems that was already there when i moved in,door latches from kitchen missing etc.My deposit was duly deducted and all the shouting and screeming i done after trying to be polite come to nothing.

I explained your situation to my wife just to get the thai mentality on this. She says its your problem because no one seen you open the curtains and not push it mow

i personally would go to an established Felang lawyer and ask his advice, because if you admit liability it wont be cheep

This type of thing really gets on my tits its always our fault,and we havnt got a leg to stand on ,,Good luck

[FritsSikkink]

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

[asdecas]

This is why i never park under windows...

Course you don't, pet.

[taotoo]

^^ 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.

Obviously knowing how to drive isn't of any help when it's the other person's fault.

My point was that the west and here are not so different... justice isn't always done just cos you happen to be in a first world country.

[taotoo]

Just ignore any claims that may come your way and wait for them to sue you. They may feel the condo owner is lower hanging fruit, if suing is even worth the bother.