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Car damaged by ice/snow in Condo parking lot

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araknis

Junior Member
What is the name of your state? CA

Rented a condo at Mammoth over the weekend. Parked in assigned parking lot. The parking lot is created by wall parallel to the condos. There was probably 5 ft of snow on top wall and a tree behind the wall.

Came out in the morning and noticed a bunch of huge and small dents on my hood and one huge dent on my fender. The icicles from the tree or ice from the top of the wall looks like caused the damage. I am estimating the damage to be around $1500-$2000.

I spoke to the manager and he said to call the owner. He did state that he was planning on warning the cars about the ice/snow falling on the cars because of the increase in temperature.. but he never got around to it..

On the rental agreement, there is this statement:
We will not be responsible for loss of money, jewelry, or valuables of any kind, or for damage to or loss of car and/or its contents by fire, theft, or any means whatsoever while on the premises

So am I liable?
 


HomeGuru

Senior Member
araknis said:
What is the name of your state? CA

Rented a condo at Mammoth over the weekend. Parked in assigned parking lot. The parking lot is created by wall parallel to the condos. There was probably 5 ft of snow on top wall and a tree behind the wall.

Came out in the morning and noticed a bunch of huge and small dents on my hood and one huge dent on my fender. The icicles from the tree or ice from the top of the wall looks like caused the damage. I am estimating the damage to be around $1500-$2000.

I spoke to the manager and he said to call the owner. He did state that he was planning on warning the cars about the ice/snow falling on the cars because of the increase in temperature.. but he never got around to it..

On the rental agreement, there is this statement:
We will not be responsible for loss of money, jewelry, or valuables of any kind, or for damage to or loss of car and/or its contents by fire, theft, or any means whatsoever while on the premises

So am I liable?
**A: what did your insurance agent tell you when you filed a claim?
 

I AM ALWAYS LIABLE

Senior Member
My response:

What does this mean to you?

"On the rental agreement, there is this statement:
We will not be responsible for loss of money, jewelry, or valuables of any kind, or for damage to or loss of car and/or its contents by fire, theft, or any means whatsoever while on the premises."

Besides, there was no negligence involved. Natural occurrences, like icicles, are not caused by negligence.

It doesn't matter whether someone said there were going to "warn" people. There was no "duty" to warn.

Where's your "Comprehensive" insurance coverage for your vehicle? You DO have "comprehensive" coverage, right?

IAAL
 

araknis

Junior Member
I do have comprehensive insurance, but I just wanted to get some opinions on this matter.

You say that icicles are natural occurrences, but shouldn't the condo protect against things that they know will happen? All they would need to do is put a cover over the lot. I'm sure this isn't the first time something like this has happened.

I AM ALWAYS LIABLE said:
My response:

What does this mean to you?

"On the rental agreement, there is this statement:
We will not be responsible for loss of money, jewelry, or valuables of any kind, or for damage to or loss of car and/or its contents by fire, theft, or any means whatsoever while on the premises."

Besides, there was no negligence involved. Natural occurrences, like icicles, are not caused by negligence.

It doesn't matter whether someone said there were going to "warn" people. There was no "duty" to warn.

Where's your "Comprehensive" insurance coverage for your vehicle? You DO have "comprehensive" coverage, right?

IAAL
 

FarmerJ

Senior Member
ara you said they should put a cover over the lot ? with that kind of logic what would you have done if florida style sink hole swallowed car OR a earthquake opened the ground way up and car damage occured from it sliding in ? Your LL wasnt responsible for acts of nature .
 

araknis

Junior Member
farmerj,
the example you give is highly unlikely and obviously is EXTREMELY costly to prevent against..

in my case, this occurence is very frequent and is simply a matter of cutting down that tree or putting up a cover.. both options extemely affordable and simple..

the LEAST the management company could do is put up a sign warning about this situation since it DOES create a hazard..


FarmerJ said:
ara you said they should put a cover over the lot ? with that kind of logic what would you have done if florida style sink hole swallowed car OR a earthquake opened the ground way up and car damage occured from it sliding in ? Your LL wasnt responsible for acts of nature .
 

I AM ALWAYS LIABLE

Senior Member
My further response:

None of this matters. It's all a moot subject.

That's why I asked you, and you didn't answer - -

What does this mean to you?

"On the rental agreement, there is this statement:
We will not be responsible for loss of money, jewelry, or valuables of any kind, or for damage to or loss of car and/or its contents by fire, theft, or any means whatsoever while on the premises."

You signed away your rights, even if you could prove negligence.

IAAL
 

araknis

Junior Member
I didn't think it was possible to sign away my rights if I could prove negligence.

That statement does seem like I did sign away my rights, but that would be true of everything anyone signs.. There's a reason there are so many lawyers these days..

I AM ALWAYS LIABLE said:
My further response:

None of this matters. It's all a moot subject.

That's why I asked you, and you didn't answer - -

What does this mean to you?

"On the rental agreement, there is this statement:
We will not be responsible for loss of money, jewelry, or valuables of any kind, or for damage to or loss of car and/or its contents by fire, theft, or any means whatsoever while on the premises."

You signed away your rights, even if you could prove negligence.

IAAL
 

araknis

Junior Member
Yes, this was my first time in ice/snow conditions. Growing up and living in southern california, ice/snow is a pretty rare sight.

stephenk said:
so why did you park under a tree with icicles? Was this your first time in ice/snow conditions?
 

I AM ALWAYS LIABLE

Senior Member
araknis said:
I didn't think it was possible to sign away my rights if I could prove negligence.

====================================

My response:

Really? When was the last time you read the backside of a baseball ticket, or a parking permit stub, or . . . . . In those, and many similar contracts - - not unlike your own - - you're giving up your rights, your left testicle, and your first-born male child.

Unless you can show, and prove:

1. That it was a "contract of adhesion",

2. That they had "Notice",

then there's not a darn thing you can do.

IAAL
 
H

hexeliebe

Guest
Issac Newton would be rolling over in his grave over this one :rolleyes:
 

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