community public liability insurance - Settled claim privately, Insurance won't let me claim
Brief background:
My boss lives in a private gated community. Last week a resident neighbour was driving out of the grounds, and as she was going through the gate one of our staff walked in front of the gate. I honestly don't know what happened but her car was damaged as the gate closed on her car.
The neighbour said our team member was at fault. The gate mechanism is absolutely faulty and to blame. My boss said just to settle it and we paid her 1k for the damage (she got a garage quote).
Now the community public liability insurance is saying that because we amicably settled with the Third Party, no claim by us will be entertained.
I know that by rights the neighbour should have claimed on the community insurance, but my boss just wanted it dealt with and didn't want animosity with a neighbour.
Do we have any recourse with the insurance company?
My next plan will be legal action against the property managers, but I'd prefer not to go down that road!
Edit: spelling
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