It is relatively common for parking cars to be damaged by debris falling from buildings or objects irresponsibly thrown out of a window, so the DAS Legal Service has summarized what to do in such a situation.
Primarily, the persons responsible for the damage need to be identified in order for the claim to be enforced against the appropriate person.
If the damage was caused by the fall of parts of the building, the owner of the building is responsible for the damage. In the case of a condominium, the community of co-owners is to be understood as the owner of the building. In this case, the owner is released from liability, ie he is not obliged to compensate for the damage if he proves that he has not violated the rules of construction and maintenance.
The user of the apartment is obliged to compensate for the damage caused by throwing an object out of the apartment. If the user names the specific pest, the injured party has the right to take action directly against him, so the user of the apartment can be released from liability.
The first and most important thing to do after detection is to record the damage, the location, and the immediate environment in the most accurate way. In addition to taking photographs, it is necessary to conduct a witness search on the spot to see if there is a person near the damaged vehicle who has seen the damage.
In order to thoroughly prove and record the injury, the solution is to notify the police and record the damage. When recording this report, it is worth visiting the owner of the property or apartment concerned, in the case of a condominium, the joint representation.
In the case of compensation, it is always the responsibility of the injured party to establish and prove the amount of the damage, so the next step is to obtain a repair price calculation or to repair the damaged vehicle against an invoice.
You can speed up claims settlement if the damaged vehicle has casco insurance. In the case of Casco, after a quick repair of the vehicle, the amount of the deductible and the amount of any increased insurance premium can be used as a claim for damages against the injured party.
In the event that the injured party refuses to pay for the damage, the claim for damages may be enforced through litigation. Damage to a parked car remains the responsibility of the injured party, unless it can be proved beyond a reasonable doubt that the damage was caused by an object falling from the building or an object thrown out of the apartment.