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Thoughts on insurance liability

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So I was parked on the street in front of a cafe. The cafe have those barrier things up between the curb and the tables. The wind blew it over and dented my front passenger door.
Do you think they have any liability or am I screwed?
If the quote comes to more than your Insurance excess, lodge a claim for consideration nominating the cafe as the party at fault. Then let the insurance companies worry about who is legally liable. If they are going to reduce your No Claim Bonus you can generally cancel the claim and pay yourself.
In any case, I think there’s a good case that the Cafe and their insurance company is responsible.
 
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So I was parked on the street in front of a cafe. The cafe have those barrier things up between the curb and the tables. The wind blew it over and dented my front passenger door.
Do you think they have any liability or am I screwed?
Presumably the local council allows the cafe to use the public footpath under a permit, which would require insurance. The type of insurance is only something council could confirm, eg is it public liability only or property+liability. If the cafe has no permit then thats a whole different problem. Generally you would make a claim with your insurer and provide details of who caused it. They then pursue the other party’s insurer, which could of course also be your insurer.
 
Presumably the local council allows the cafe to use the public footpath under a permit, which would require insurance. The type of insurance is only something council could confirm, eg is it public liability only or property+liability. If the cafe has no permit then thats a whole different problem. Generally you would make a claim with your insurer and provide details of who caused it. They then pursue the other party’s insurer, which could of course also be your insurer.

As soon as one hands over to ones own insurer it will affect your insurance profile (no matter what they tell you it will). You may avoid not paying the excess but your profile will have a black mark and by hook or crook the insurer will get $’s out of you by increased premiums in the future.

Ideally, get the cafes/councils insurance to submit the claim....
 
Good news. I got a quote from the recommended Tesla repairer. The cafe owner has agreed to pay. The sentry footage sure helped. Total cost of repair $681
Thanks for the feedback
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Looks as if the barriers are not screwed down? They are pretty substantial things so any owner should have considered that if they fell against a car they would damage it: you were fortunate that the cafe acknowledged this without arguing - many would not.
 
Looks as if the barriers are not screwed down? They are pretty substantial things so any owner should have considered that if they fell against a car they would damage it: you were fortunate that the cafe acknowledged this without arguing - many would not.
No, they put them away each afternoon. I've seen other cafes have these little vinyl sand bags that prevent it from falling over. I've suggested that to the cafe owner.
 
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It's weird: people will happily get onto an aircraft weighing 400 tonnes and expect a few hundred sq.m of wing to carry them on holiday but can't relate that to a couple of sq.m of signage in a 30Kt wind!
When we moved house recently I sold a king mattress to a guy who strapped it onto the roof of his car to drive home and it took a lot of persuading to have him promise to go at a snail's pace.
Anyway, best outcome for you in an unnecessary situation.
 
As soon as one hands over to ones own insurer it will affect your insurance profile (no matter what they tell you it will). You may avoid not paying the excess but your profile will have a black mark and by hook or crook the insurer will get $’s out of you by increased premiums in the future.

Ideally, get the cafes/councils insurance to submit the claim....
Is this always the case? Someone crashed into me earlier this year, I went through my own insurance as the non-at-fault party. My premium for next year actually went down...
 
Is this always the case? Someone crashed into me earlier this year, I went through my own insurance as the non-at-fault party. My premium for next year actually went down...

You may have been lucky, same insurance company for both parties maybe? However, I have been told, just recently actually, that to never use your own insurance (by B&A Motor Body Repairs) if the other party is willing to lodge the claim for the aforementioned reason. Another reason, if one doesn't have rental car coverage one your own insurance you can, if claiming via the other parties insurance, insist on a car rental with no time limits (so a car of similar spec's)...not sure how that will go re Tesla's! Also...I could have gone that route recently but did not as I couldn't stand the thought of driving anything but an EV...
 
You may have been lucky, same insurance company for both parties maybe? However, I have been told, just recently actually, that to never use your own insurance (by B&A Motor Body Repairs) if the other party is willing to lodge the claim for the aforementioned reason. Another reason, if one doesn't have rental car coverage one your own insurance you can, if claiming via the other parties insurance, insist on a car rental with no time limits (so a car of similar spec's)...not sure how that will go re Tesla's! Also...I could have gone that route recently but did not as I couldn't stand the thought of driving anything but an EV...
Different insurer. Maybe I did get lucky :p

I didn't have rental car option on my policy. My insurer suggested I ask the other guy's insurer about it (even though I'm claiming with my own insurer... weird), so I did, and they suggested I organise one with one of these accident rental car companies and send them the bill. That all worked out fine, but I'm surprised they'd suggest this themselves, as I understand these companies charge substantially higher rates than a normal car rental.
 
Different insurer. Maybe I did get lucky :p

I didn't have rental car option on my policy. My insurer suggested I ask the other guy's insurer about it (even though I'm claiming with my own insurer... weird), so I did, and they suggested I organise one with one of these accident rental car companies and send them the bill. That all worked out fine, but I'm surprised they'd suggest this themselves, as I understand these companies charge substantially higher rates than a normal car rental.
Possibly because the two insurance companies have a Knock for Knock agreement. Under a Knock for Knock agreement each insurance company pays for their own clients damage and costs, regardless of the at fault party.
So after all is said and done the other parties insurance company will send the final bill to your insurance company and they will pay it. So there is not much incentive for the other insurance company to reduce costs when they will ultimately not be paying for it.
 
Possibly because the two insurance companies have a Knock for Knock agreement. Under a Knock for Knock agreement each insurance company pays for their own clients damage and costs, regardless of the at fault party.
So after all is said and done the other parties insurance company will send the final bill to your insurance company and they will pay it. So there is not much incentive for the other insurance company to reduce costs when they will ultimately not be paying for it.
The insurance companies we deal with are generally all brokers making themselves look like insurers. For example IAG operate under the brands NRMA, CGU, swann, and SGIC to name a few. The others in the big 3 are suncorp (ammi, gio, shannons plus many more) and QBE. Hence in many cases its the same insurer for both cases, just a different retail broker.
 
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Possibly because the two insurance companies have a Knock for Knock agreement. Under a Knock for Knock agreement each insurance company pays for their own clients damage and costs, regardless of the at fault party.
So after all is said and done the other parties insurance company will send the final bill to your insurance company and they will pay it. So there is not much incentive for the other insurance company to reduce costs when they will ultimately not be paying for it.
Wouldn't this make it _more_ likely for them to increase my premium at renewal time though?
 
The insurance companies we deal with are generally all brokers making themselves look like insurers. For example IAG operate under the brands NRMA, CGU, swann, and SGIC to name a few. The others in the big 3 are suncorp (ammi, gio, shannons plus many more) and QBE. Hence in many cases its the same insurer for both cases, just a different retail broker.
It was CommInsure vs Allianz, which don't seem to be owned by the same company.

Oh well, another one of life's mysteries I guess :p
 
Wouldn't this make it _more_ likely for them to increase my premium at renewal time though?
The idea behind Knock for Knock is to reduce the need for Insurance companies to sue each other over incidents involving their clients. Inevitably there will be an accident where the CommInsure client is at fault and vice versa. By insurance companies agreeing to cover the loss of their clients reduces the overall administrative burden that a bunch of law suits would generate. For most of the leading insurers your premium should not go up as a direct result of of this incident. However if claim patterns or cost change in your area, or the people who drive the same type of car, or are about your age then you will see a change in premium.
I was in the Car insurance Business for about a decade and was very close to these decisions and made a few myself, I heard of some anecdotal claims of insurance companies jacking premiums after a not at fault accident but never saw any evidence of that in my experience. When you think about it, if you have a good risk driver that is hit by another why would get rid of them if no other factors have changed the risk? Doing so is bad for business as you want good risk to insure with you as they are the most profitable.
 
It was CommInsure vs Allianz, which don't seem to be owned by the same company.

Oh well, another one of life's mysteries I guess :p
Both of those are owned by companies overseas. To further complicate matters, the big listed insurers take out threshold insurers to overseas insurers.....such as allianz and private insurance investors. This caps their liability. So when we have a major bushfire, the exposure is restricted. Its all in the annual asx reports.