TAS Private Bridge Condemned. Insurance Company Slow To Replace

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Karina77

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18 October 2018
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Hi, I own my house and it has a private bridge connecting it to the road. The neighbour owns the bridge and my property title gives me the authority to drive over it. I have paid money towards maintenance of it since I moved to the address. The agreement is I contribute to the maintenance and the owner will ensure it is insured. The owner insured with RACT insurance unfortunately. The bridge was condemned in a storm in May 2018. The isnurance company is very, very slow to replace it. They still havent made any noticeable attempt to replace it in October. The neighbour refuses to tell them to hurry up as she thinks they will be nice if she is nice....... Unbelievable but that is her response. My car is stuck in my garage unable to get out of the property. There is no other access. They have told her she uses the bridge at her own risk until it is replaced. I have been sending them an email everyday and they are aware that I can not get my car out and that I am having to walk everywhere. Do I have any legal rights in telling them to hurry up? I would like to sell my house in the near future and I am unable to do so whilst they are delaying the replacement. Apparently they are going to send the job to tender. This still has not occurred as of 2 weeks ago. Thanks
 

Rod

Lawyer
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27 May 2014
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Unreasonable delays causing you damage may be able to be claimed. I'd be putting the insurance company on notice that 6 months without works being commenced is unreasonable. I'd also say you may be claiming damages/costs because of their unreasonable delay and you reserve all your rights.

I'd consider contacting the Tasmanian Ombudsman as well and raising a complaint.

Legally your action may only be against the other owner, not the insurance company but see how you go.
 
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