Neighbouring New Home Builder Damaged My Car

Update: I finally got in touch with the construction manager. Initially he asked one of the workers to pressure wash the car. The worker promptly informed him it may not do the job and the dried mortar will leave a mark needing a detail.

In the space of 6 hours on a Monday I had the issue resolved and car detailed at the expense of the builder. All marks removed.

After some advise and guidance.

I live next to a construction site of a new home managed by a major builder. Over the weekend, I observed bricklayers working at the site I heard them laying bricks at my property boundary and using a hose. I assume the hose use was to wash off the excess mortar and clean the brickwork.

On Monday, I went to use my car that was parked in the driveway and observed it to be covered with what appears to be flecks of dry mortar that has over-sprayed. I can see the same contamination up with side of the house and bins that were between the car and construction site.

Advise from my insurance provider has stated I should not wash this off myself as it may further damage the paint. The mortar is quite abrasive and removal using sponges etc. may cause scratches to that paint that I would be liable for.

I've provided this information to my insurer with many photos showing the trail of mortar spray to my car. My provider are not overly co-operative suggesting I need 100% proof. I believe this is a civil matter and only subject to proof on the balance of probabilities.

The builder was notified yesterday, but has not returned my calls. I chased this up today with their reception who provided me with an email address to put this in writing.

Has anyone had similar issues to this? Surely the insurer should be more willing to assist in this case.

I have not provided names in good faith that they may pull through.

Comments

  • +12

    Had to check username. For sure I thought this was a jar jar binks thread.

    • -1

      We need you to draw us a picture…

    • +7

      Couldn't be, post doesn't mention it happened to a friend

      • +3

        +1. The friends must have downvoted you ;)

      • +4

        Nor is it a poll for house options

  • +4

    Lawyer

  • No MS Paint diagram?

  • Wilful damage - beyond reasonable doubt.

    • +1

      Not balance of probabilities for a civil court?

  • -4

    Surely the insurer should be more willing to assist in this case.

    What drugs are you on? Can I have some?
    Builders are notorious for NOT compensating for anything that can't be 100% proven to be their fault. If you don't have video/pictures, it will be a tough case to prove it.
    Not sure if even a lawyer would help.

    • +4

      Yeah why should the company to whom you pay money to repair damage to your car step in to help repair damage to your car?

  • +7

    Builders are asshats. Mix up your own batch of mortar and flick it on all their new rangers.

  • Our renovator used a pressure hose and cleaned up our neighbours car when this happenned. He was using a cement saw and there were clouds of the stuff. As he was concentrating on the saw, he didn't see that the neighbour's car was covered in the dust etc. They should have cleaned it up, but I guess you can use a pressure hose. Best to have done this before it dried. Not sure how litigation would work and they could just say take us to court.

    • Agree, a pressure washer will 'blast' it off and then away from the paint, while a sponge will drag it around the surface and mark the crap out of the car.

      • Wouldn't do that. Need to soak it first otherwise will come off with clear coat.

        • I guess do a test on a one or two bits? Depends on how well the OP has been 'waxing' the car etc before hand.

  • -1

    I went to use my car that was parked in the driveway and observed it to be covered with what appears to be flecks of dry mortar that has over-sprayed.

    Didn't occur to you that you might want to move your car if it was next to people laying bricks?

    Tradies are arseholes on a good day, I would have moved it as soon as I heard them working anywhere near it!

    The mortar is quite abrasive and removal using sponges etc. may cause scratches to that paint that I would be liable for.

    Correct, a sponge picks up the mortar and it gets stuck dragging it around and marking the pant.

    A high pressure wash should get it all off and flick the mortar away rather than drag it around.

    If you don't have one, you could do a couple of washes through a TOUCHLESS car wash.

    • +2

      Yep 100% OPs fault. Should have moved his car.

      Rape victim, you shouldn't have been out at night. Dressed like you were.

      How about builder recognises the nature of the work they do and ask OP to move their car?

      • How about builder recognises the nature of the work they do and ask OP to move their car?

        That would be a nice and sensible thing to do, unfortunately, we are talking about site managers here.
        I agree it is unfair and I feel sorry for OP, but the most he can do is to write that email and see what happens.
        I wouldn't expect much though.

      • -1

        Rape victim, you shouldn't have been out at night. Dressed like you were.

        hahaha thanks needed a laugh.

        Its called common sense. Clearly you have never used a tradie or had one work next to your house.

        How about builder recognises the nature of the work they do and ask OP to move their car?

        See my comments comments above re tradies. OP needed to use their brain as tradies have no care for anyone else.

      • Rape victim, you shouldn't have been out at night. Dressed like you were.

        If you take out uncovered meat and place it outside … without cover, and the cats come to eat it … whose fault is it, the cats' or the uncovered meat's

        crazy ol Sheik Hilaly, damn that was 13+ years ago, time flies.

        • Both of you need to grow up.

          Comparing me saying the OP should use some common sense and move their car next time, as people are tossing mortar around next to it, to a rape victim is just disgusting. You're being derogatory to rape victims.

          • @JimmyF:

            being derogatory to rape victims.

            Didn't click the link? Were you not in Oz during the early 2000's? It was on every news channel and your quoted text was the overwhelming consensus - that it was a crazy thing for a religious leader to say. Him and Keysar Trad were birds of a feather - lots of controversies and unpopular opinions.

            I'm not supporting the Sheik's view at all by the way, if you somehow think that I am.

            Throughout his years as Hilaly's spokesperson, Trad has been heavily criticised - and satirised - for continually defending Hilaly with his insistence that Hilaly has been taken out of context or misunderstood. For example, following the comments made by Hilaly in October 2006 which said that if a woman is raped it is usually her own fault, Trad said that Hilaly was talking about adultery, not rape.[16] Sydney Morning Herald Columnist Paul Sheehan accused him of lying.[17]

          • @JimmyF: I would prefer the tradies knock on my door before they start tossing mortar. I can’t read their minds and my knowledge of brickwork is zero.

            The mess they made is beyond obvious.

            I know if I wash my car. I always take care to not overspray onto my neighbours property. It’s simple courtesy!

            • @dani1ada:

              The mess they made is beyond obvious.

              Oh no, it was obvious to anyone who has dealt with a bricklayer before of what would happen.

              As I've said before, if ANY TRADIE is working near your stuff that you can move, MOVE IT FAR AWAY from them. Its just 'easier'.

              Lesson learnt for next time.

    • I'm not a builder. I don't know how messy they are until I saw their overspray everwhere!

      I was home all weekend. All they had to do was knock on the door asking me to move it.

      • +1

        I'm not a builder. I don't know how messy they are until I saw their overspray everwhere!

        Lessoned learned. In the future if ANY trade of ANY kind is working near stuff you can move, MOVE IT FAR AWAY FROM THEM.

        Anyhow if insurance doesn't come through, try the pressure washer or touchless wash.

  • +1

    OP, similar thing happened to me with one of major builders.
    Left for work early and when returned found brickies labourer hosing my car and washing with bare hand.
    Could not see any damage at the time as it was wet and getting dark.
    Next day found lots of mortar splashes that went over scaffold cover. There were 5 spots on the car with wide scratch marks. Took photos and sent them to builder as I was leaving early and couldn't confront foreman myself.
    One of the makers got in touch with me and also had not a nice chat with brickies and agreed to cover damage. Next day I had a chat with foreman and realized how dumb he was as it was his idea to wash car bare hand.
    My suggestion would be to wait for company's response.

  • My mates 3 year old car got the sad end of their next door neighbors painters overspray job while parked in his own driveway. Black vehicle with white must all over it!

    He contacted that neighbour and got a cold shoulder, the painters ignored him so I suggested him to take a few photos and write a statutory declaration. He did that and also got an additional statutory declaration from the old lady across the street who had seen it all and sent it to the insurer. They took care of it and sorted things out for him.

  • Car detailer needed. bill goes to builder/agent.

  • If you decided to clean it off yourself use a concrete dissolver. You can purchase it from Bunnings in a spray bottle. ( I have used one called Crete wash) Just spray on, wait 10-20 mins, rinse and repeat. Don’t use a sponge this will cause it to scratch. I clean window for a living and use this to dissolve concrete on glass without scratching.
    Either way hope it works out!

  • Update: I finally got in touch with the construction manager. Initially he asked one of the workers to pressure wash the car. The worker promptly informed him it may not do the job and the dried mortar will leave a mark needing a detail.

    In the space of 6 hours on a Monday I had the issue resolved and car detailed at the expense of the builder. All marks removed.

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