Parking Garage Accident

[LAFowler]

About a month ago, I was pulling into the parking garage where I work. Without warning, the barrier gate closed on top of my vehicle, causing a significant amount of paint damage.

The cost of the repairs is less than my deducitble, but more than I can comfortably afford, so I don't want to go the insurance route. The building owner refuses to admit liability, claiming that I must have run into the barrier (even though the paint damage is on TOP of my vehicle, proving my claim that it came down as I was entering) and that he has used the same gate for 20 years without a problem.

Do I have a claim, or am I SOL?

Thanks in advance,

Alex
from LA, California

 

[I AM ALWAYS LIABLE]

About a month ago, I was pulling into the parking garage where I work. Without warning, the barrier gate closed on top of my vehicle, causing a significant amount of paint damage.

The cost of the repairs is less than my deducitble, but more than I can comfortably afford, so I don't want to go the insurance route. The building owner refuses to admit liability, claiming that I must have run into the barrier (even though the paint damage is on TOP of my vehicle, proving my claim that it came down as I was entering) and that he has used the same gate for 20 years without a problem.

Do I have a claim, or am I SOL?

Thanks in advance,

Alex
from LA, California

My response:

Of course you have a claim. Take pictures of the gate, take pictures of your paint damage, and bring those and your estimates of repair to your scheduled Small Claims court hearing.

Go to the courthouse nearest to where the damage took place; probably Van Nuys courthouse if it took place in the Valley, or if in Downtown L.A., go to the courthouse at 111 No. Hill Street. Pay the filing fee and file your claim. The clerk will give you a hearing date. Have the Small Claims complaint served on the Defendant by someone else, over the age of 18.

You'll need to know the EXACT name of the defendant and any corporate name of the parking company that oversees and charges for the parking.

Good luck to you.

IAAL