Help - insurance claim against property factor

rmarshall391

Hi, I need advice here on a scenario that has happened. 

I am a resident in Scotland and stay in a block of flats and we all
pay monthly money to a factor / property management company. For months I have been emailing the factor requesting that a retaining wall in the car park beside my private car parking space needs repaired as it is showing signs of damage and looks tired but nothing has been done. 

Yesterday, a 15m section of the wall collapsed and has damaged my car. 

Surely I am entitled to claim the property management company for the repair bill of my car as they have failed to maintain the wall?? I understand if it suddenly happened it may be classed as “an act of god” and not covered but I have been requesting this wall needs repair for months now and they have done nothing so surely the property management company is liable here. 

I have emailed the company for insurance details and the owner refuses to give me the insurance details and says I must claim my own car insurance??? HELP, surely the property management company is liable here and potentially breaking conduct. 

davidmcn

In the first instance, the property owners (i.e. you and everybody else) are liable to the car owner for the damage caused by the wall.  Is there a communal buildings policy which ought to include cover for that liability? If so then the least you can expect is for the factors to put in a claim.

Whether they've been providing an inadequate service is a separate matter. When you've contacted them previously what have they said? Bear in mind that to fix it they would probably have had to get quotes, contact everyone to get agreement/payment, then wait for the work to be done, so depending on how many months you're talking about it might have been the same outcome.

This all assumes it is definitely your wall and not somebody else's, of course.

csgohan4

I reported a large crack in the chimney area in a separate apartment which I also pay service charge towards, that was in Feb, haven't fixed it yet, they were first port, not looking forward to a large insurance claim should it collapse. Sent photos too