I Really Want to Cry
05-06-11, 10:56 AM
#1
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I Really Want to Cry
I know this thread is useless without pics, will post this weekend. 
Long story short, I park my car in a gated garage for work and last night when I was coming out of the drive way, the F-ing metal sliding gate slammed into my car without me (or I think anyone) pushing the remote. It crunched and folded my side view mirror and its scratched up, and also the front fender took damage. there are some dents too
Let me tell you, this gate has a mind of its own. It is not the first time that it has moved without me touching it, but usually I am not at the driveway just yet, or I am able to back up with some close calls. At that point I was pretty furious so I barge up to the office and talk with the garage owner. He basically says its my fault and that he wont accept responsibility. Im sure legally, he has to since its on his property and since this is a safety issue for his renters, he needs to have the gate looked at. I plan to not rent there after this month and find another place.
All in all, there goes my shiny stargazer black paint, perfect from factory. She was so young too, at 6 months old.
Long story short, I park my car in a gated garage for work and last night when I was coming out of the drive way, the F-ing metal sliding gate slammed into my car without me (or I think anyone) pushing the remote. It crunched and folded my side view mirror and its scratched up, and also the front fender took damage. there are some dents too
Let me tell you, this gate has a mind of its own. It is not the first time that it has moved without me touching it, but usually I am not at the driveway just yet, or I am able to back up with some close calls. At that point I was pretty furious so I barge up to the office and talk with the garage owner. He basically says its my fault and that he wont accept responsibility. Im sure legally, he has to since its on his property and since this is a safety issue for his renters, he needs to have the gate looked at. I plan to not rent there after this month and find another place.
All in all, there goes my shiny stargazer black paint, perfect from factory. She was so young too, at 6 months old.
05-06-11, 12:26 PM
#5
File the claim through your insurance and they'll go after his to get their money back after they take care of you.
There is no question that he's liable for the damages to your car. If it's a malfunctioning lock, then once his insurance company pays yours, they'll go after the gate company. Him denying you just adds another step in the process but doesn't change responsibility.
There is no question that he's liable for the damages to your car. If it's a malfunctioning lock, then once his insurance company pays yours, they'll go after the gate company. Him denying you just adds another step in the process but doesn't change responsibility.
05-06-11, 12:32 PM
#7
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05-06-11, 12:38 PM
#8
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05-06-11, 12:43 PM
#9
Guess they took no for an answer from the garage owner as well. You shouldn't as it's going to covered under his general liability policy. You definitely have nothing to lose and don't need to go to any great lengths to prove your claim. Gates malfunction all the time and you're only looking to be reimbursed for damages.
Your insurance company will take your word that the accident happened the way it said it did and then go after the owner. If the owner comes out later with a video showing you were at fault, your insurance company raises your rates accordingly.
Last edited by oohpapi44; 05-06-11 at 12:47 PM.
05-06-11, 02:48 PM
#12
Sorry to hear this. I'd be furious too.
As others have said, I'd file a claim with my insurance company and let them go after the owner and his insurance, especially since he started by denying any responsibility. Had he offered to work with you on it, that might be a different story.
As others have said, I'd file a claim with my insurance company and let them go after the owner and his insurance, especially since he started by denying any responsibility. Had he offered to work with you on it, that might be a different story.
05-06-11, 04:03 PM
#15
The garage owner IS responsible since there's more than one incident that it has happened and if it was reported and nothing was done, then yes, he should pay for the damages.