QLD Car Damaged by Neighbour's Push Bike - Recourse?

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AADD

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31 August 2017
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Hi everyone.

First time here. Please help!

We live in an apartment with the property manager on site. Some cameras are installed for security reasons, but not at the car park. Last Friday, I was about drive my car and found a small but deep dent on one side of my car. At next door car park, there were four motor bikes and one push bike parking together. I looked at the paint and some rubber on my car, it matched the handle of the push bike. It is obviously the push bike fell down to my car and damaged my car.

It is quite possible the other motor bike parked beside or behind the bike and knocked over the push bike. I took some photos and reported it to the property manager right away. She said would ask the tenant. Then I started to get quotes for repair.

The next day, a man approached to us. He is the owner of push bike, while his girlfriend is the user. He was aggressive and said he would not pay the cost for repair because there is no video and no witness. He told the property manager he saw the push bike lying on the ground and just pick it up. He did not know what had happened.

He is an international student but aged around 30. The other motor bike users do not live in that unit but somewhere in this building. Because of a limited car park space, other students park motor bikes there too. I saw one car park had 6 motor bikes park together. Not sure if there is any law on how many motor bikes can be parked at one site.


The property manager reported this to the body corporate. Body corporate said they can not cover the personal property at car park. The tenant signed a lease with the property manager. Property manager can do nothing. The user of the push bike refused to pay. The repair cost is around $700. while our insurance excess fee is $800. We cannot make a claim. Even if we make a claim, not sure if they can trace down a push bike owner.

I have got this person's name and phone number. I called the police, but they said it is a civil issue. So I am very disappointed, I paid the body corporate fee and park my car at my parking place, which is suppose to be safe. But my car had been damaged and I know the reason, but the owner of the push bike just walked away, saying he did not know anything about it.

What can I do ?
 

Rod

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I suspect nothing. The bike owner is not co-operating, you didn't see anything, no-one else has seen anything, and you saying the rubber matches his bike is not proof he caused the damage.
 

Rob Legat - SBPL

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16 February 2017
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Plus the body corporate is not responsible for providing a 'safe' parking venue. Your car is still at your risk when parked on common property.
 
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