So I was pulling the Honda Element (carries my bikes) out of my underground parking when I hear a loud "Clunk". Fearing the worst, I look at the roof of the E and see a nice crease in the smack dab middle of the roof and a nice long scratch half way down the entire length of the roof. What caused it? A black metal latch coming off the chain linkage of the garage door was dangling below the underground parking minimum clearance. Who is responsible for the damages to my car that I bought brand new last year!?! I briefly talked to the property management and they claim they have no responsibility in this matter....
Help! Legal question...semi bike related....
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I think the only person who can definatively state who is responsible is a judge.
I think the most painless course of action is to have your car insurance fix the damage, and ask the property management group to cover the deductible. Not saying it's fair, just saying that it's the most painless.
Thats the thing that sucks the worst about property damage (especially cars). It doesn't matter who is responsible.... it always ends up being a headache to everyone involved.
I think the most painless course of action is to have your car insurance fix the damage, and ask the property management group to cover the deductible. Not saying it's fair, just saying that it's the most painless.
Thats the thing that sucks the worst about property damage (especially cars). It doesn't matter who is responsible.... it always ends up being a headache to everyone involved.
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I would think it would be their duty to keep that latch from passing down below the maximum height level. A picture of this latch hanging down would have been good to get.
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If a parking garage or similar facility has an established maximum height by either a clear and visible sign or other statement, then they are responsible for the maintenance of that height as it pertains to equipment, structures, or other obstructions that are part of that facility.
Now...if some third party accidentally or intentionally damaged something in the facility that in turn causes damage to another party, the argument would probably turn on how long the damage was in place to injure or cause damage to this other party...you know...like if a manager of such a facility had been informed about the damage and then negligently disregarded fixing the damage for an unreasonable amount of time. So...if a delivery truck broke a fixture in a parking garage that resulted in that fixture hanging lower than the warned maximum height, how long the management knowledgeably let that fixture hang that way would be the primary argument.
As you can see, it can become a tangled web. Civil litigation is like a pyramid. You can't get to the top...placing ultimate responsibility...unless all the bricks are in place.
Now...if some third party accidentally or intentionally damaged something in the facility that in turn causes damage to another party, the argument would probably turn on how long the damage was in place to injure or cause damage to this other party...you know...like if a manager of such a facility had been informed about the damage and then negligently disregarded fixing the damage for an unreasonable amount of time. So...if a delivery truck broke a fixture in a parking garage that resulted in that fixture hanging lower than the warned maximum height, how long the management knowledgeably let that fixture hang that way would be the primary argument.
As you can see, it can become a tangled web. Civil litigation is like a pyramid. You can't get to the top...placing ultimate responsibility...unless all the bricks are in place.
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And once they fix it your rates go up and/or they drop you.southernfriedg8r said:File it with your insurance and let their lawyers figure it out.
If you can't easily get results from the property managment or owner you are probably better off (time, money, aggravation) to fix it yourself if it is less than say $1000. Sucks, but is often the cheapest way in the long run. :madman:
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Not over one claim. That's what you pay them that big fat premium for in the first place. So what's cheaper, letting them do their job like they are paid to do, or you paying your insurance company for something you're not using and also paying for the total cost of the repair yourself?Pedal/Paddle said:
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Not saying it is right, but Ins. Co's WILL drop/raise rates after one claim. Not all of them, and not every time, but it is pretty common. Homeowners Ins. Co's are the worst. I would only use mine if the house burned down.:nono:
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Sounds like property owner's responsibility to me, particularly when they have a clearance height posted. OTOH I'd just let my insurance company handle it. How much is the estimate for fixing the roof? Imagine not going to be cheap...
ps Hope pix are taken of the obstruction before they fix it...
ps Hope pix are taken of the obstruction before they fix it...
It is almost 800 dollars to repair the dent and repaint. I offered a compromise with the property, you pay my deductible and I'll take care of the rest. It's like working with small children, you have to constantly nag at them to get a response. I told them if we don't reach a fair agreement, I will be taking you guys to court. Also, I won't be renewing my lease, I will tell all my friends that currently live there what happened, I will not refer anyone to live there, and also post a bad review and write to the general website that the property posted there advertisement. This is going to hurt the property a lot more than if they would help pay some of the cost.
What really really fires me up, is they said "its nobody's fault, it was an accident". Well, no f***ing a it was an accident, but who has to pay for it in the end, not really fair. I have to incur all the damages while you guys are off the hook. And they said their insurance can't cover it because they have a 10000 dollar deductible. Well then, pay my deductible, its a lot cheaper. These people are such idiots...
What really really fires me up, is they said "its nobody's fault, it was an accident". Well, no f***ing a it was an accident, but who has to pay for it in the end, not really fair. I have to incur all the damages while you guys are off the hook. And they said their insurance can't cover it because they have a 10000 dollar deductible. Well then, pay my deductible, its a lot cheaper. These people are such idiots...
Hope you took good pictures of the latch hanging down to be sure they don't fix it now to cover their asses.
Unfortunately, I've seen how many property managers treat tenants in these situations. I live in a small college town and the landlords and property managers here every year steal tens of thousands off the renting students. The worst part is here the judges and lawyers are all friends of the slumlords who are stealing so nothing ever gets fixed in the legal system.
Good luck with the case man. I will say suggesting blackmail tactics will not win you any friends. They will take it as a threat and immediately go on the defensive because it's simple human nature to go defensive when you are attacked.
I'd simply let my insurance company and a possible attorney handle the problem for me and not make threats.
Unfortunately, I've seen how many property managers treat tenants in these situations. I live in a small college town and the landlords and property managers here every year steal tens of thousands off the renting students. The worst part is here the judges and lawyers are all friends of the slumlords who are stealing so nothing ever gets fixed in the legal system.
Good luck with the case man. I will say suggesting blackmail tactics will not win you any friends. They will take it as a threat and immediately go on the defensive because it's simple human nature to go defensive when you are attacked.
I'd simply let my insurance company and a possible attorney handle the problem for me and not make threats.
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