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Post Info TOPIC: My gazebo blew away and may have damaged a vehicle.


Guru

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RE: My gazebo blew away and may have damaged a vehicle.


Man up and just pay for the damage that you know you caused.

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Tony LEE wrote:

Man up and just pay for the damage that you know you caused.


 ?



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v



Guru

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When I first saw this thread my immediate reaction was "Own up and pay the money" but... as I've read the replies and thought it all through that is no longer my opinion.

----

The couple agreed there was no damage to the vehicle.

Damage was only claimed by the hire company (an interested party) at a later time.

The damage may:

Have been caused by gdayjr

Have been there when the couple hired the vehicle

Been caused in a car park when the couple were shopping

Been caused by stones thrown up by other vehicles

And so on....

The logical conclusion being there is no way to know who or what (bird strike?) caused it and on that basis I would say "Sorry about your issue but you said all was OK so I'm not suddenly going to accept responsibility."

----

Having said that: gdayjr should be placed into the town stocks and have eggs thrown at him for being a complete prat with no apparent brain power who erects a stupid flimsy awning in a bloody gale!



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"I beseech you in the bowels of Christ think it possible you may be mistaken"

Oliver Cromwell, 3rd August 1650 - in a letter to the General Assembly of the Kirk of Scotland



Guru

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This thread highlights how different some people's attitudes are from others.

For some, the fact that the heading suggests "may have damaged" means nothing because no damage was detected at the time. That is then used to dismiss it entirely and ensure no possible comeback. Similar to bumping someone in a carpark and just driving off.

On the other side, some people may be mortified to think they could have caused damage, and left innocent people having to pay. This is the sort of person who would leave a note on your windscreen with a contact number. They do exist. A couple of years ago, another driver bumped my car while it was parked. He parked and waited there until I returned.

My suggestion early in the thread was a way to contact the other couple while still remaining 100% anonymous. That way you could hear the explanation and at least make a more informed decision.

I must confess, while I am probably closer to the "dismiss it" attitude, it would play on my mind if I did not at least speak to them. Whether I would agree to part with any money is a different story. But at least I would hear them out before deciding.


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Are We Lost wrote:

I must confess, while I am probably closer to the "dismiss it" attitude, it would play on my mind if I did not at least speak to them. Whether I would agree to part with any money is a different story. But at least I would hear them out before deciding.


What's the point?

They previously agreed there was no damage so unless they have had a paint analysis done they cannot possibly have any more accurate information. Having said that I'd be inclined to say that to their face, so to speak.

It seems to me this is simply one of those cases where no one can actually be sure of anything.



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"I beseech you in the bowels of Christ think it possible you may be mistaken"

Oliver Cromwell, 3rd August 1650 - in a letter to the General Assembly of the Kirk of Scotland



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Im between a rock and a hard place. If I caused the damage Id own up, but both parties agreed that there was no damage. Then the motor home drove away, possibly going to other locations and eventually back to the rental company. How long between alleged damage and vehicle return, possibly further damage caused by the hirer, who knows.

I think I would stand by the fact that all agreed gazebo caused no visible damage

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shakey55


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shakey55 wrote:

Im between a rock and a hard place. If I caused the damage Id own up, but both parties agreed that there was no damage. Then the motor home drove away, possibly going to other locations and eventually back to the rental company. How long between alleged damage and vehicle return, possibly further damage caused by the hirer, who knows.

I think I would stand by the fact that all agreed gazebo caused no visible damage


 Great logical summary of the simple facts. Gazebo got blown away and hit camper van. Parties involved inspected campervan, looking for damage. Parties agreed "No damage". Parties went separate ways. Party over.

Later coming back crying doesn't "Cut the mustard". CU. Cheers



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I must admit I could miss very minor scratches if viewed in the early morning light, along with the campervan hirer not really knowing what they were looking for. Compared to some hire companies when you return the vehicle the area is flood lit to find any defects.

I have used a touch up pen on SWMBOs Red Yaris with good results, which could have been an option if noticed, IF the gazebo did cause any damage.

(Car paint pens will lessen the visual impact of a scratch on the surface of the car; however, they do not fully repair the damage. If there is a scratch or scrape in the very clearcoat or paint layers of your car, then it is possible that a paint pen can reduce the impact of the scratch.)

When I hire a car from an unknown interstate hire company, I take photos of all panels, under the bonnet, dash, seats, and floor/mats, its annoying having to do this, but.......however I could still be caught out for under body damage that I did not do.

So when my gazebo that blew away in a CP years ago and come to rest against a line of scrubs well away from any camp, I was very thankful, but in hindsight, if it was against on another vehicle or caravan, I should have after an inspection and no damage, taken a photo of the vehicle/caravan for a record.



-- Edited by PeterInSa on Sunday 9th of April 2023 10:35:36 AM

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What a mixed bag of replies. Thanks to the many obviously retired legal professionals for their point of view. Lets deal with just the facts. Let me answer the one about putting up a gazebo in a storm. The gazebo had been in place for 3 days prior to the event. With no effects from winds. It was a pretty sheltered caravan park in St Helens Tasmania. It was anchored as well as it could have been. Freak gusts happen, what can I say, its Tasmania and the roaring forties. As stated, the small R.V was inspected after i put the gazebo down, and we found no evidence of any damaged parts of the van. It was a small hi ace van. I have no idea what the alleged damage was because I did not ring the driver back. I am over it, and continuing my travels around Tassie. So, move on folks, nothing to see here. It's just a shame that a person posting on this forum does not have the option to delete the post at a later date!

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Graham Day.

Not all those who wander are lost.



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Public forums are a funny thing.

One may post information expecting that those thoughts are what everyone will think.

Sometimes others have a different view or experience,

I hope you disposed of that piece of dangerous Chinese junk and may continue on your travels with a much lesser risk of your equipment damaging other people or their vehicles.

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Don't sell the Sun to buy the Candle



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Some Chinese Junks.

238CAED2-C204-4DD1-A979-CC5A75D02AE6.pngC9443C9B-076F-4FC4-8E01-77BA09E92190.png



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Senior Member

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gdayjr wrote:

What a mixed bag of replies. Thanks to the many obviously retired legal professionals for their point of view. Lets deal with just the facts. Let me answer the one about putting up a gazebo in a storm. The gazebo had been in place for 3 days prior to the event. With no effects from winds. It was a pretty sheltered caravan park in St Helens Tasmania. It was anchored as well as it could have been. Freak gusts happen, what can I say, its Tasmania and the roaring forties. As stated, the small R.V was inspected after i put the gazebo down, and we found no evidence of any damaged parts of the van. It was a small hi ace van. I have no idea what the alleged damage was because I did not ring the driver back. I am over it, and continuing my travels around Tassie. So, move on folks, nothing to see here. It's just a shame that a person posting on this forum does not have the option to delete the post at a later date!


 HOW DARE YOU!!

Haha!!

( Haven't heard that for awhile,)

How dare ya let the facts get in the way of random facebook/ forum experts?

Haha!

 

Where in Tassie are you at the moment?

Enjoyed the last couple of days?

'Lovely ' weather ha!

 

We heading to the north coast tomorrow to join our son for a week or so,

 

 



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I spent my last week in Tasmania, up to April the 14th at Mole Creek. I use a BMW R1200GS for daily travel, and this was probably the best week of the 7 that I spent travelling around the island. The weather over Easter was probably the same as Victoria, windy and cool, but after that it was settled with no wind, perfect Tasmanian weather.

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Graham Day.

Not all those who wander are lost.



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i think its about time the van parks banned these gazebos ...there bloody dangerous when the wind gets up .......had one once myself and it took of in the wind not sure where it landed but.......i get my site in a van park and so far been lucky no one has set one up near me .......

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c b tassell


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tea spoon wrote:

i think its about time the van parks banned these gazebos ...there bloody dangerous when the wind gets up .......had one once myself and it took of in the wind not sure where it landed but.......i get my site in a van park and so far been lucky no one has set one up near me .......


 Actually there are several parks that we came upon while moving around that banned Gazebos and tarps.

Because the rule didnt affect me I did not go into detail with any park but it is not hard to realise the third party litigation should any personal or asset damage result in the unit sailing through the air due to incorrect erection or just due to bad designl

At this moment there are Strong Wind Warnings for the entire east coast of Qld and this weather event may continue for another few days. It would be a good bet that someone will experience a wayward gazebo during this period.

They may cause quite a bad injury to anyone unfortunate enough to encounter one in full flight.

 



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Don't sell the Sun to buy the Candle

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