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VIC Car Damaged by Hit & Run on Stockland Estate

Discussion in 'Other/General Law Forum' started by Moba, 16 March 2015.

  1. Moba

    Moba Member

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    Hi

    I would like to seek legal advise to claim damage towards Stockland the land developer for lack of duty of care to protect resistance property, in this case it's my car. Story as below

    on the 27th of Feb 2015, I parked my car on the street parking one night while visiting my friend and a driver decided to do some off-roading (trying to access the new developing area where it was blocked by temp fences but they were down on the floor) onto the footpath right behind my car and i think it lose grip while climbing and hit the back and side of my car (Tyre marks on the raised path area shows where it climbed).

    Since i saw my car was damaged right before I head home, i contacted the police but they did not offer any help as i didn't know who hit me. so I contacted Stockland but 2 weeks now still no reply from them so I would like to see where I stand for compensation as if the fences were secured and more security patrolling the area, my car would not been hit by some driver trying to have some fun in those new roads.

    Thanks and feel free to ask me more info.
     
  2. Sophea

    Sophea Well-Known Member

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    Dear William,

    I don't believe a land developer owes any duty to road users to prevent property damage caused by third parties and the purpose of land developers erecting fences is not to prevent damage to vehicles on the road in front. It doesn't even sound as though the incident occurred on Stockland property as you were parked on the road, (not that that would change things anyway).

    Unless Stockland was somehow able to identify the vehicle that hit your car through surveillance or something, there is little point contacting them, as there is nothing they can do and based on my understanding of the facts you have provided above, they are not required to compensate you for the damage you have suffered.

    The only person who you can seek compensation from is the person who hit your car, and if you can't identify them then you are stuck. This is a situation often encountered by victims of hit and runs.
     
  3. Moba

    Moba Member

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    thanks Sophea

    unfortunately i don't even know how the car looks like. all it left was my damaged car and tyre marks. hopefully I can find a damaged car to match the damage then.
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Moba,

    I agree with Sophea. Unfortunately, Stockland would not be responsible unless Stockland specifically held out that your car will be protected if parked at their carpark/land, which I doubt any land developer or land owner will undertake.

    Your only option, as Sophea said, is to seek compensation against the car that did the damage.

    See if you can do the following in order to find the owner of the car:
    • Security or surveillance cameras near the area that could have recorded what happened that evening;
    • Report to the police and have them undertake a tyre matching analysis
    • Perhaps it is an exclusive make (or tyres are special) and there is an unique identifier
    • Seek witnesses
    • Did any flats face the street where you parked that could have contained residents that saw the car
    Although you have a good cause of action, as you've already identified, without the owner of the car responsible, it is very difficult to seek compensation. You may just have to write this one off to bad luck and accept the loss.
     
  5. Tim W

    Tim W Lawyer

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    I agree with the above - nothing to do with the landholder.
     
  6. Moba

    Moba Member

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    thanks guys

    unfortunately police wouldn't help. they wouldn't even come and do a police record of the scene.

    i may ask my friend's neighbour and see whether they have camera installed in the front of the house. As it is a new estate, not much people live in there yet.
     
  7. Sarah J

    Sarah J Well-Known Member

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    Hi Moba,

    Sorry to hear that the police have not been helpful. Unfortunately, you were just unlucky at the time and your car got hit and the driver was not honest enough to provide you with their details. Sometimes, when that happens, there are just no leads and if you cannot find the driver (which happens often), there's really very little you can do but accept the loss.

    Thanks for updating us with your matter and hope you have some lead with your friend's neighbour.
     

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