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QLD Neighbour Damaged Car - How to Prosecute Him?

Discussion in 'Insurance Law Forum' started by anton, 25 September 2015.

  1. anton

    anton Member

    25 September 2015
    Likes Received:
    The neighbours across the road from us have been conducting renovations on their home for the past 15 months and recently they spray painted their fence and subsequently got over-spray on my car as well as my sister's. They have denied liability ever since we confronted them about the damage, and blamed the damage on the other renovations happening 10 houses up or down the road from us. I have taken pictures of the grass at the foot of the fence which clearly shows over-spray in the direction of our cars. The repair company concluded that the damage was due to over-spray and the colour that they removed from our vehicles matches the colour that the fence was sprayed with.

    It seems pretty clear cut that the damage was caused by the neighbour, yet RACQ Insurance say nothing can be done until he admits liability - which he evidently won't.

    What would be the steps I could take to prosecute him?
  2. Sophea

    Sophea Guest

    Hi Anton,

    what you want to do here, is not prosecute him per se but sue him for the damage. I would suggest filing a claim with QCAT as I assume the damage isn't over $7,500 each? Get as much documentary evidence as you can including corresponding paint chips, photographs and statements from the repair men etc.

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