Damaged vehicle by contractor, need advice NJ

Started by MattO2 • 13 replies • 1069 views

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MattO2 (New Jersey)
Posts: 1

Posted:

We recently had a contractor repair and replace roofs on many buildings in the complex. I noticed damage to my vehicle after the company had recently worked in the area surrounding the parking lot. I do not drive this vehicle everyday and did not think it would be an issue. Regardless, the damage is there and my vehicle was surrounded by workers and construction for a few days in a row. I have no way of proving the damage was caused by the contractor, but it there is roof shingle pieces in the bed of my truck it would seem likely the damage was caused by the construction. I have reached out to the property management company and the board to see what my options are to file a claim. I have been told to contact the contractor direct. Is it proper for the Assoviation to take no ownership or the property management company to do the same for the contractor they employed to complete the work? I feel that as a resident I should be able to file a claim with either the association or management company and they can work with the contractor directly. Please advise if there is any options or advice you would recommend. I feel helpless that the association and management company haven’t even offered to physically see the damage and pass the buck to the contractor direct.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Matt,

Have you contacted the company directly or not?

If you haven't do so and do it quickly.
The longer you wait the more time passes and the higher probability the company won't think they may have caused the damage.

The other option is to file a police report and report it to your insurance company.

When a contractor damages property and we (the Association) is contacted, I instruct the member to contact the contractor. I will also inform my contact with the contractor that the damage happened. After that, I follow up with the contractor. However, the member is unaware that I am doing any of this.

NigelB (Texas)
Posts: 254

Posted:

Quote:

Posted By MattO2 on 11/14/2017 3:39 PM
We recently had a contractor repair and replace roofs on many buildings in the complex. I noticed damage to my vehicle after the company had recently worked in the area surrounding the parking lot. I do not drive this vehicle everyday and did not think it would be an issue. Regardless, the damage is there and my vehicle was surrounded by workers and construction for a few days in a row. I have no way of proving the damage was caused by the contractor, but it there is roof shingle pieces in the bed of my truck it would seem likely the damage was caused by the construction. I have reached out to the property management company and the board to see what my options are to file a claim. I have been told to contact the contractor direct. Is it proper for the Assoviation to take no ownership or the property management company to do the same for the contractor they employed to complete the work? I feel that as a resident I should be able to file a claim with either the association or management company and they can work with the contractor directly. Please advise if there is any options or advice you would recommend. I feel helpless that the association and management company haven’t even offered to physically see the damage and pass the buck to the contractor direct.

The Association and the property management company probably both carry general liability insurance, and they should have ensured that their contractor also carries liability insurance. While I suppose a case could be made that all are liable - the only real way to resolve the issue is to contact the contractor and ask for their insurance carrier - or request a copy of the insurance binder that the HOA or management company required the contractor to furnish prior to them signing the contract.

It's really the same as if you hired a contractor to do some work on your unit and they caused damage to anothers property. I would suppose that both of you have some liability, but in reality its actually on the company that did the damage.

DouglasM6 (Arizona)
Posts: 724

Posted:

People hate the HOA till they feel the HOA should needs to help them. This is not an HOA issue. Even if the contractor did not have insurance, wasn't bonded, etc. the HOA did not damage your vehicle. Your best course of action is to contact the contractor.

Were you told about the work in the area where your vehicle was parked PRIOR to the work taking place? Contractors and HOA can notify of such work but CANNOT physically move a vehicle from the area.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By DouglasM6 on 11/15/2017 8:03 AM
Were you told about the work in the area where your vehicle was parked PRIOR to the work taking place? Contractors and HOA can notify of such work but CANNOT physically move a vehicle from the area.

What if they weren't informed ahead of time about the work that was scheduled?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Hard to imagine that happening. Considering that the contractors would be quite noticeable. Even they knew they were there doing the work. It's an insurance claim. They can contact the contractor or they can make a claim on their own insurance. NOT the HOA's responsibility.

Former HOA President

GenoS (Florida)
Posts: 4,276

Posted:

It happened here twice this year. Once with a pressure washing crew. That job turned into a fiasco because the owners were never notified, as in years past, that they needed to move their cars out of their driveways on the day the crew was scheduled to be here.

JanetB2 (Colorado)
Posts: 4,219

Posted:

They pass the buck to the Contractor because you stated the Contractor caused the damage. If potentially you had a large branch break off of a tree located on HOA owned property and which caused damage ... then the HOA or their insurance would be liable. HOA's (at least those I have lived) generally make sure contractors are insured .... for just this reason ... so if they cause damage they have insurance to cover the issue. However, if you do not perform your due diligence and timely file with them then you could end up out of luck. I would also notify your own insurance company, so they can also have your back regarding the situation.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JanetB2 on 11/15/2017 9:11 PM

If potentially you had a large branch break off of a tree located on HOA owned property and which caused damage ... then the HOA or their insurance would be liable.

Not always the case.

If the Association is taking care of the trees and the branch comes down in a storm it is considered an act of God and the Association would only be responsible for removing the branch. Damage to the members property would be addressed by the member or the members insurance.

However if the tree was dead and the Association was aware (or should have been aware) of the issue and did nothing, then the Association would be responsible for the damage due to negligence.

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Posted By GenoS on 11/15/2017 3:22 PM

Posted By DouglasM6 on 11/15/2017 8:03 AM
Were you told about the work in the area where your vehicle was parked PRIOR to the work taking place? Contractors and HOA can notify of such work but CANNOT physically move a vehicle from the area.

What if they weren't informed ahead of time about the work that was scheduled?

I believe that's the same question I asked....

TimB4 (Tennessee)
Posts: 21,059

Posted:

Regarding parking in a work zone, we publish notices that say if the vehicle is not moved, then they will be towed at the members expense.

I have had vehicles relocated (not towed to a lot). Costs around $50.

Keep in mind that I put notices out three days or more.
I tape a notice to the drivers side window.
If I know who normally parks in the proposed work zone, I tape another notice to their front door.

On the morning of the work, I go knocking on doors prior to calling a tow truck.

When ever possible, there are two notices given, one a week out, one the day before.

With this effort, I have zero issues in having vehicles towed and those who had them towed have paid with little complaints.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By TimB4 on 11/16/2017 1:34 AM

YEP ... Tim is right ... would depend if Act of God or Negligence on part of HOA. Any act of god is difficult to fight with insurance or via courts.

GenoS (Florida)
Posts: 4,276

Posted:

CorinneC1, the posting rules here say "no selling" and "no posting of community, company or person names".

Not that attorneys in Paris, France, would be of any help to someone with a potential insurance problem in New Jersey. Perhaps your post was a joke?

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