Builder next door damaged my car

[knightm]

So...

Perhaps the collective wisdom here can help me steer a course through mildly troubled waters.

I built in a new estate. It is mostly built out now, but opposite me a house just went up. In the last rush of construction in the 2 weeks prior to Christmas there were heaps of trades utes, trucks etc. Some on their side, some on my side of the street on my grass and plenty of divots in the grass too, but thats not worrying me I figure its part of living in a new estate and don't sweat that stuff. I can always fix the grass later.

But one day in the last fortnight I go to the car and there is a visible scratch all the way from top to bottom in the middle of the windscreen, and a large crack from the top spreading down.

It definitely wasn't there before.

It couldn't have been caused by a bird or something falling from the sky

It couldn't have been cause whilst driving as far as I can tell.

The only explanation I can think of is a tradies truck or ute with pipes or steel or something sticking out the back, slowly reversing and causing the scratch, which increased the pressure towards the top, which caused the crack.

I spoke to the new owners, who said they thought the timeline may have been around when the plumbers were finishing.

I called the builder 2 times, no response.

I sent him a txt. He said his trades weren't there on those days, when I said they were, he said "don't know anything about it" and that is where I am at.

I am thinking I need to speak with Fair Trading but don't know if I will have a case or not?

Any thoughts?

Its only the cost of a windscreen but you know, its the cost of a windscreen, and I don't think I have excess free glass in my insurance cover (need to check), so it will be my cost.

 

[westminster]

Without witnesses to state who it was and when, I think you are on your own and will have to organise for the damage to be repaired out of your pocket.

PS never leave your car out on the street around construction. Worst thing I've seen is a front end loader dropping it's bucket on someone's bonnet.

 

[DaveM]

Typical builder "nah wasnt me prove it"

Unfortunately some people are just scum and wont own up to damage. Chalk it up to bogan mentality and move on

 

[datto]

Speaking of which. Did you know that water on the windscreen can cause it to crack.

 

[SK Investments]

That's gotta suck!

Here's my solution, convince the new neighbours that they need an IP, then sign them up to your services to recover your out of pocket expenses.

 

[knightm]

Without witnesses to state who it was and when, I think you are on your own and will have to organise for the damage to be repaired out of your pocket.

PS never leave your car out on the street around construction. Worst thing I've seen is a front end loader dropping it's bucket on someone's bonnet.

You are probably right. At least with a bucket its a bit more obvious!

 

[knightm]

Typical builder "nah wasnt me prove it"

Unfortunately some people are just scum and wont own up to damage. Chalk it up to bogan mentality and move on

Yeah thats the attitude that upsets me. Let it go...

 

[knightm]

Speaking of which. Did you know that water on the windscreen can cause it to crack.

Nope. Does it cause scratches too?

 

[knightm]

That's gotta suck!

Here's my solution, convince the new neighbours that they need an IP, then sign them up to your services to recover your out of pocket expenses.

This is probably the best idea!

Thanks all. Just needed to vent. Don't really expect much of an outcome. Nice to through it out there though...

 

[datto]

Nope. Does it cause scratches too?

No it wouldn't cause scratches but could crack the windscreen from top to bottom. Happened to me.

Several years ago on a stinking hot day I decided to wash my VT. I grabbed the garden house and sprayed the car with water when I heard a crack.

I didn't think nothing of it at the time. When I took it for a drive an hour later I saw this crack from top to bottom of windsreen (on driver's side).... WTF, I said.

 

[knightm]

Several years ago on a stinking hot day I decided to wash my VT. I grabbed the garden house and sprayed the car with water when I heard a crack.

I didn't think nothing of it at the time. When I took it for a drive an hour later I saw this crack from top to bottom of windsreen (on driver's side).... WTF, I said.

Nice!

This car is my junker I rarely wash it! Got to know though.

 

[Terry_w]

Not much you can do if you don't know who caused the damage. If it was a plumber then the employer would be liable, but you seem to have little evidence for this at this stage.

 

[neK]

No different to the scenario where you park your car at a shopping centre and someone side swipes it.

Unless they admit fault, or you have witnesses who are willing to testify they saw the car and captured it on camera, you've got no chance.

 

[Terry_w]

No different to the scenario where you park your car at a shopping centre and someone side swipes it.

Unless they admit fault, or you have witnesses who are willing to testify they saw the car and captured it on camera, you've got no chance.

K could always begin the process by issuing a statement of claim. The otherwise may get a lawyer and fight it or they may just admit liability and/or make an offer. Then again, they may not!

K what about your insurance?

 

[knightm]

K could always begin the process by issuing a statement of claim. The otherwise may get a lawyer and fight it or they may just admit liability and/or make an offer. Then again, they may not!

K what about your insurance?

You are right.

I need to check but I think my insurance excess will be more than cost of screen.

I am going to move on with my life I think. No use crying over spilt milk.

 

[neK]

K could always begin the process by issuing a statement of claim. The otherwise may get a lawyer and fight it or they may just admit liability and/or make an offer. Then again, they may not!

K what about your insurance?

Never thought of that... nice.
How much does it cost to get a lawyer to write up a letter like that?
(I just always assumed it would cost more than what the actual damage is).

 

[Terry_w]

Never thought of that... nice.
How much does it cost to get a lawyer to write up a letter like that?
(I just always assumed it would cost more than what the actual damage is).

A statement of claim is more than a letter, but you could start with a letter of demand. Probably would be charged by the hour say $250 for the letter and then ay phone calls etc on top.

 

[datto]

A new windscreen ( made in China) cost $120 fitted lol. A middle eastern fella in a van came out and supplied/fitted. Several years now and no probs, no leaks.

 

[neK]

A new windscreen ( made in China) cost $120 fitted lol. A middle eastern fella in a van came out and supplied/fitted. Several years now and no probs, no leaks.

Was a white van and the guy happen to have ordered too much and was willing to get rid of it for cheap?

 

[knightm]

Was a white van and the guy happen to have ordered too much and was willing to get rid of it for cheap?

Haha we don't have that many white vans down the coast. Plenty of commodores selling cannabis but few white vans. Even if its 400 bucks its not going to be worth the hassle or a solicitors time to try.

C'est la vie. Thanks for the rant all.