OT: How would you deal with this? (re: car damage caused by others)
02-04-2002, 02:54 PM
#1
OT: How would you deal with this? (re: car damage caused by others)
Might be OT but i don't have access.
Anyway, last Friday when i exited the parking lot the gate closed on me hitting the rear bumper scratching the lower part (approximately 1" thick, 2-3" long - four of them) and chipping the paint an area a bit higher than that. It also dented the bumper so that it doesn't align with the rest of the body panel.
I had 3 witnesses who saw this happen. I talked to building management and they won't accept responsibility because it's "Operated" thus beyond their control (The automatic gate that is).
Now my question is:
How do i get them to pay for this damage?
- Small claims court?
- Written request to have it fixed?
- Full compensation
- Half-half
- ???
I can't claim it from my insurance either because:
1) My deductible is much higher than the quoted amount to fix it (Approx. $350+Tax).
2) Even if i could claim, it's going to affect my insurance rating and might end up increasing my premiums.
Tips? Suggestions?
Thanks.
- Mike
Anyway, last Friday when i exited the parking lot the gate closed on me hitting the rear bumper scratching the lower part (approximately 1" thick, 2-3" long - four of them) and chipping the paint an area a bit higher than that. It also dented the bumper so that it doesn't align with the rest of the body panel.
I had 3 witnesses who saw this happen. I talked to building management and they won't accept responsibility because it's "Operated" thus beyond their control (The automatic gate that is).
Now my question is:
How do i get them to pay for this damage?
- Small claims court?
- Written request to have it fixed?
- Full compensation
- Half-half
- ???
I can't claim it from my insurance either because:
1) My deductible is much higher than the quoted amount to fix it (Approx. $350+Tax).
2) Even if i could claim, it's going to affect my insurance rating and might end up increasing my premiums.
Tips? Suggestions?
Thanks.
- Mike
02-04-2002, 02:57 PM
#2
Take em' to court. It's their fault THEIR equipment doesn't work properly.
I understand your frustration but try to keep the OT stuff to a min. But I don't think this is too OT, since it happened to your maxima(I assume)
I understand your frustration but try to keep the OT stuff to a min. But I don't think this is too OT, since it happened to your maxima(I assume)
02-04-2002, 03:01 PM
#3
Senior Member
Join Date: Aug 2000
Posts: 445
Building management damn well should be responsible for that. They own the building, they maintain the building, they're responsible for damages incurred on general building property as a result of the improper functioning of their equipment. And unless you signed a waiver when you started your job, then you should be able to hold them responsible. But getting them to pay may end up costing you more than fixing it yourself. You might talk to your insurance agent (not one of the drones on the 24-hour claim line though) to see what recourse you have if the building management won't pay for it. Seems to me if you did nothing wrong and can prove that, you should be able to cover it somehow even though you were moving (moving = collision).
02-04-2002, 03:01 PM
#4
Thanks for the consideration. Yep, happened to my max (sig). I'll ask around to see how i can settle this in small claims.
Thanks again.
- Mike
Thanks again.
- Mike
Originally posted by Jeff92se
Take em' to court. It's their fault THEIR equipment doesn't work properly.
I understand your frustration but try to keep the OT stuff to a min. But I don't think this is too OT, since it happened to your maxima(I assume)
Take em' to court. It's their fault THEIR equipment doesn't work properly.
I understand your frustration but try to keep the OT stuff to a min. But I don't think this is too OT, since it happened to your maxima(I assume)
02-04-2002, 03:08 PM
#5
It happened in the apartment complex. According to the manager they won't take responsibility for it due to the fact that it's an automated device which they can't control.
I read through my renter's contract and there's nothing that says they're not responsible for damage caused by their own property. The best i could find about not claiming responsibility is property theft within the complex and the like.
Does small claims court really cost a lot? Never tried it before.
I already talked to my agent, they'd like to fix it but because of the quote i got to fix it (which is lower than my deductible) it won't make sense to claim it.
I read through my renter's contract and there's nothing that says they're not responsible for damage caused by their own property. The best i could find about not claiming responsibility is property theft within the complex and the like.
Does small claims court really cost a lot? Never tried it before.
I already talked to my agent, they'd like to fix it but because of the quote i got to fix it (which is lower than my deductible) it won't make sense to claim it.
Originally posted by Creature
Building management damn well should be responsible for that. They own the building, they maintain the building, they're responsible for damages incurred on general building property as a result of the improper functioning of their equipment. And unless you signed a waiver when you started your job, then you should be able to hold them responsible. But getting them to pay may end up costing you more than fixing it yourself. You might talk to your insurance agent (not one of the drones on the 24-hour claim line though) to see what recourse you have if the building management won't pay for it. Seems to me if you did nothing wrong and can prove that, you should be able to cover it somehow even though you were moving (moving = collision).
Building management damn well should be responsible for that. They own the building, they maintain the building, they're responsible for damages incurred on general building property as a result of the improper functioning of their equipment. And unless you signed a waiver when you started your job, then you should be able to hold them responsible. But getting them to pay may end up costing you more than fixing it yourself. You might talk to your insurance agent (not one of the drones on the 24-hour claim line though) to see what recourse you have if the building management won't pay for it. Seems to me if you did nothing wrong and can prove that, you should be able to cover it somehow even though you were moving (moving = collision).
02-04-2002, 03:23 PM
#6
Senior Member
Join Date: Aug 2000
Posts: 222
Sue em. Here is my story...
About three weeks ago, some punk *** kids threw a rock at my car while I was driving home. Their section 8 scum who had nothing better to do. They ran so I continued home to my palatial estate. I quick got changed, called my neighbor and we went a huntin. Parked the car in a school near by and bravely walked into the ghetto. Sure enough, they were back at it. So we cornered them and of course they wouldn't say anything. Called the cops. Had two cars there within a few minutes. One finally admitted it. Cops drove the kids home and spoke to the parents. The one parent of the responsible kid said he would pay the damages. So I call a few days later, he is not home. I leave a message the next day on his machine. No return call. In the mean time, I got an estimate for $485. So I send him a certified/return receipt letter in case I have to sue. I also called my insurance agent who said it's a $50 deducible on mischief. Cool. I filed the claim and they are tracking the guy down. They will collect from his insurance and even get my deducible back. And I have the option to take the kid to court and have it put on his record - since he's apparently been in trouble before.
About three weeks ago, some punk *** kids threw a rock at my car while I was driving home. Their section 8 scum who had nothing better to do. They ran so I continued home to my palatial estate. I quick got changed, called my neighbor and we went a huntin. Parked the car in a school near by and bravely walked into the ghetto. Sure enough, they were back at it. So we cornered them and of course they wouldn't say anything. Called the cops. Had two cars there within a few minutes. One finally admitted it. Cops drove the kids home and spoke to the parents. The one parent of the responsible kid said he would pay the damages. So I call a few days later, he is not home. I leave a message the next day on his machine. No return call. In the mean time, I got an estimate for $485. So I send him a certified/return receipt letter in case I have to sue. I also called my insurance agent who said it's a $50 deducible on mischief. Cool. I filed the claim and they are tracking the guy down. They will collect from his insurance and even get my deducible back. And I have the option to take the kid to court and have it put on his record - since he's apparently been in trouble before.
02-04-2002, 03:30 PM
#7
Supporting Maxima.org Member
Join Date: Aug 2000
Posts: 604
I'd strongly suggest going to small claims court. Call them up and find out how much it costs. I doubt its that much. I'm sure they have some "How to" guides also. Just by doing those steps and starting the process, the management may go ahead and decided that the hassle isn't worth the $350 and go ahead an pay up.
I'm sorry to hear about the damage to your car.
Wizeguy
I'm sorry to hear about the damage to your car.
Wizeguy
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