Car Vandalised in Carpark. Any Hope of Not-at-Fault Insurance Claim?

Was parked in a multistory carpark yesterday for about an hour and some a*#hole decided to forcefully bend back and break a windscreen wiper arm and also managed to crack my windscreen in the process - it's a 6mo old car so won't be super cheap to fix. The car parks are quite small so I had to park close to the car next to me. I suspect it was them as some kind of agro response to the mild inconvenience. I've filed a report with the parking building and am waiting on them to get back to me on what they've found on CCTV.

What is OzBargain's wisdom? Even if, in the best case, the CCTV showed someone damaging the car, and then showed them getting in to their own car (with the licence plate which would be picked up when they exit the carpark), would the insurance company bother pursuing them? Or would this just be classed as an "at fault" claim since I don't immediately have the name and address of the responsible party? Resulting in increased premiums + me paying the excess etc etc etc

Edit: Can't spell car.

Update: Parking place got in touch, CCTV shows it was sure enough the person parked next to me - they're the only one who is near my car in the hour I was there and it's clear they go up to my car. Unfortunately… the footage doesn't show the front of my car so you can't see them actually doing the damage. Nevertheless I've added on the info to my police report so will see what they decide to do.

Also spoke to my insurer (AAMI). Their stance is that I pay an excess to initiate the malicious damage claim, and this will be refunded if the police press charges. Either way it's worth claiming given the outrageous quotes I got for replacing the windshield (~$1500 for aftermarket glass) and the wiper ($300 for the full arm but I'd probably just get one from a wreckers).

For those saying "don't park like a d*ck" I was inside the lines in my bay so nothing wrong there, just the parking bays are small so no choice but to be close to other cars. For those saying "don't park next to rust buckets" they guy who did it was in a brand new Mercedes, so it turns out some people are a#$holes regardless of the car they're driving.

Comments

  • +2 votes

    Another one…. read previous not at fault car issues.

    • +3 votes

      Interesting.

      I reckon OP should call their insurance, ask if CCTV evidence could be obtained… and see what options are available. OP should report back here :)

      •  

        Similar to the other post that had dashcam of the truck?

        •  

          Remember the ozbargain post where people private-detectived (that's a real verb rite?) the number plate by checking car models against rego and a blurry numberplate?

          Let's go again, let's gooooo!

  • +7 votes

    You'll probably have to provide the video footage to police and make a statement then provide your insurance company with all the info. You will likely have to pay the excess out of pocket first to get things fixed. The insurance company can reimburse you the excess but this is only if the police get in contact with the perpetrator and gets charged for damages caused

    •  

      Thanks for the info. I'm pretty much resigned to paying the excess, but will be interesting to see what the parking building comes back with on CCTV, and what sort of drongo was responsible…

    •  

      Bang on. This is exactly what AAMI have told me.

  • +3 votes

    Do I Have to Pay Excess if Not at Fault? (I Can't Provide Other Driver's Details)



    Just how close were you? How easy or difficult would it have been for them to open their door?

    • +1 vote

      How is that question even remotely relevant.

      • -1 vote

        Same issue -Am I liable for Not at Fault, but Can't Provide Other Driver's Details!!!!!

    • +3 votes

      I’m with you here spackbace. The fact that OP mentions it suggests he parked like a f-head.

      •  

        I remember this one time at ALDI, a guy took the last of the rye bread. I followed him to the checkout, took his glasses, and stomped them into a fine powder for the inconvenience.

        Everyone clapped.

        •  

          So you’re a psychopath? Got it.

          •  

            @HelpMeiCantSee: Yes, I'm the one who did this to OP's car.

            • +3 votes

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  •  

    Do you have windscreen cover with your insurer? If so, claim the windscreen and forget about claiming the wiper. Buy and replace yourself.

    •  

      No windscreen cover - at the time I looked at it and took the calculated risk that the extra $90 a year wasn't worth it. In all my years of owning a car I've never needed to replace a windscreen, and the extra premium wouldn't be worth it for chip repair. This would come under my standard excess of $550

      • +1 vote

        If you have roadside assistance cover, check whether it includes windscreen repair

      • +3 votes

        Depends on the car, many new cars have the safety sensors on the screen, making the replacement damned expensive

        •  

          As usual Spackbace is correct
          If not a higher end car with sensors in the screen etc. it may be <$1,000 to replace
          In that case do not claim - loss of NCB etc. will make this uneconomic in the long run
          However very possible that the cost inc. wiper is $1500+
          Good luck

          •  

            @Noblejoker: Phone around though. I get the impression some windscreen places are set up to take advantage of people with insurance cover not checking prices. I think I had a quote of $1,000 from one shop and $200 from another last time I replaced a windscreen.

  • +1 vote

    You've got a new car. Don't take risks.

    If u don't have the details of other person, you'll have to cover excess. If the police find the person, then you may get your excess back then.

    • +2 votes

      What risks is OP taking?

      • +10 votes

        Parking too close next to someone. The fact op admit it may be 'a little close' could in reality be extremely close (we like to downplay our responsibilities…me included). Why risk having a weirdo do something to your brand new car?

        • +4 votes

          Sure, close enough they couldn't get in the passenger door, but I was inside the lines of the parking bay so not sure how that's relevant. Their driver's door was easily accessible on the other side. All bays in the carpark are pretty small so didn't have much of a choice.

          I fail to see how that gives someone the right to vandalise my car though because they were inconvenienced? I'm not sure the police would see it that way either

          • +1 vote

            @Polt: Just curious, were you centered between the lines or to one side closer to the car in question?

            •  

              @gummibear: Centred. Any closer the other way and I would scraped a pillar

              •  

                @Polt: Do you drive a Hummer?

                •  

                  @yippy: Haha nope, medium sized SUV. Like I stated, the bays in this carpark are weirdly small. Council owned so maybe they're trying to maximise profit.

          • +1 vote

            @Polt: I 100% agree it shouldn't happen. But it does and now you're stuck with the excess.

            Unfortunately the world we live in isn't fair nor perfect. But at least you have insurance.

            I do hope the CCTV is clear enough to show the plates. But that still won't proof who drove the car, which is what you need for your excess to be waived.

            Good luck and all the best.

            Ps yeah I have noticed car parks are getting smaller and smaller. Especially in new developments…

  • +6 votes

    Do you have comprehensive can insurance?

    •  

      Hahaha that's what I'm wondering… Is it comprehensive can insurance, or comprehensive cannot insurance…

  •  

    But does OP have to pay access?

  •  

    Parking spaces getting smaller everywhere while at the same time more people are buying SUVs and 4WDs. It was only a matter of time.

    If it was me, I would have tried to park next to smaller cars for a few months at least until the shine wears off, but I know it’s not always possible. Good luck in getting the CCTV footage!

    •  

      Parking spaces getting smaller everywhere

      THIS x LOTS… local shops and power center anythign bigger than small/mid size dont fit length wise anymore..

      • +1 vote

        It's honestly ridiculous. There's a road with a tile place near me that had new parallel parking spaces installed, tradies are complaining that their utes don't fit in the spaces (Hiluxes etc., not those giant Ram monstrosities). Baffles me how road planners can sign off on parking spaces that utes wont even fit in, considering the main clientele of tile stores tend to be tradies. Even my midsize sedan doesn't fit lengthwise in many spaces nowdays.

      •  

        Our local major shopping centre has a bunch of parking spots labelled "small car", but that doesn't stop people in family cars and SUVs parking in them!

  •  

    Personally, I wouldn't claim for something like this. This will be an at-fault claim against you, and as someone who has had two "at fault" claims recently (both I wasn't at fault, but was unable to identify a third party) trust me, if you have a 2nd one it will definite affect your premium.

  •  

    Check with a good panel beater who has their own legal team they will chase it for u if u r in vic contact national panels clayton won’t cost you a cent

  •  

    I had a similar incident and a witness left a note on windshield telling me what happened and their interstate rego. RACT insurance still didn't allow me to fix the sizeable dent till I had paid the $500 excess… They said because it was an interstate driver they couldn't this and that and whatever and had written to the registered address of the vehicle and if they replied and cooperated they could make them at fault. If they didn't reply too bad and I had to pay the excess . 6 weeks later they got replies and worked it out. I changed insurance company anyways, as they were quite atrocious in handling it and pretty.much told me that if interstate cars hit me I'm at fault unless they get back to them… So any hit and run accidental damage. Tasmania is full of interstate young drivers!!

    •  

      Which insurance company?

  • +1 vote

    Yes of course there is hope. this is what insurance is all about.
    You file a report with Police. This is your Stat Dec… you are willing to go to court upon what you say.
    If insurer fails to pay damages, they have to explain to you why not.

  •  

    Lodge a police report.

    •  

      Yup absolutely. Did this as soon as I got home. Easy enough to do online for this kind of incident.

  • +1 vote

    Try and report back. This is why you don't park your brand new car next to rust buckets….or park like an idiot….

    •  

      See update in main post. It was a 2021 Mercedes, didn't look like there was much rust on it to be honest…

      •  

        ok, well I guess maybe he saw something on your car that got him mad to do in your car? Or maybe was having a bad day and needed a way to release it all?

  •  

    Had a trolley pushed into the side of our car at a major shopping centre about a year ago, while we were at the cinema. We were one out of 3 or 4 other cars that were similarly affected. Although the police came and saw the damage and despite the fact that we filed a police report, we had to pay an excess. This was despite the fact that the shopping centre had CCTV and that the police seemed to know who the 2 individuals were that damaged the cars.