Damage to vehicle due partially to negligence

[AdviceForPete]

From Ontario, Canada. Any advice is greatly appreciated.

I'm living in an apartment building and pay for a spot for my car in the parking lot. There are two large recycle bins that are placed side-by-side against the wall by the corner of the building, 5-10 yards from my car. Often the superintendent leaves one bin slightly off the wall and is therefore less protected from the elements. During a short but strong storm, a gust of wind took one of two large recycle bins and smashed it into my car's back glass, shattering it, then carried it into another car but not damaging it. The other recycle bin didn't budge. A witness confirmed the entire situation, and coincidentally he was the owner of the other vehicle.

The superintendent won't take responsibility, although that I feel it was partly his fault and partly nature. I am now emailing the regional manager and hope to get some sort of compensation out of this unfortunate incident. Should the building owner or their building insurance company cover the cost of repairs or am I out of luck? How much responsibility for this incident should they take, given that one bin didn't at all move while the other ended up traveling about 20 yards in the air?

Rough schematic of the incident:
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[Banned_Princess]

From Ontario, Canada. Any advice is greatly appreciated.

I'm living in an apartment building and pay for a spot for my car in the parking lot. There are two large recycle bins that are placed side-by-side against the wall by the corner of the building, 5-10 yards from my car. Often the superintendent leaves one bin slightly off the wall and is therefore less protected from the elements. During a short but strong storm, a gust of wind took one of two large recycle bins and smashed it into my car's back glass, shattering it, then carried it into another car but not damaging it. The other recycle bin didn't budge. A witness confirmed the entire situation, and coincidentally he was the owner of the other vehicle.

The superintendent won't take responsibility, although that I feel it was partly his fault and partly nature. I am now emailing the regional manager and hope to get some sort of compensation out of this unfortunate incident. Should the building owner or their building insurance company cover the cost of repairs or am I out of luck? How much responsibility for this incident should they take, given that one bin didn't at all move while the other ended up traveling about 20 yards in the air?

Rough schematic of the incident:
ImageShack® - Online Photo and Video Hosting

Sorry, US LAW only. I'm sure you saw that, then disregarded it.

 

[AdviceForPete]

I can't imagine this matter to be much different whether it happened in Canada or in the US. Would the apartment company take responsibility if this were to happen in the States?

 

[Banned_Princess]

I can't imagine this matter to be much different whether it happened in Canada or in the US. Would the apartment company take responsibility if this were to happen in the States?

No, the car would be covered by the car insurance.

 

[AdviceForPete]

Does that mean that if the recycle bin would have instead hit and smashed a window on a neighbors house, it would be the "victim's" homeowners insurance that pays?

Say if it's arguable that there is negligence on the part of the superintendent, wouldn't it be his or her insurance that pays?

 

[Banned_Princess]

Does that mean that if the recycle bin would have instead hit and smashed a window on a neighbors house, it would be the "victim's" homeowners insurance that pays?

yes.

Say if it's arguable that there is negligence on the part of the superintendent, wouldn't it be his or her insurance that pays?

no.

 

[AdviceForPete]

If they're partly at fault, I don't see why the victim would pay. I'm not arguing against you. I just want to understand the logic if you care to explain why the party at fault isn't ponying up the repair costs.

 

[Banned_Princess]

If they're partly at fault,

how are they at all at fault? did they cause the wind? did they throw the trash can on your car? and don't say "well it was in a bad spot" because if that was so, then how come you didn't notice before that it was a threat to your car, and A moved your car before the storm, or B notified the building in writing that it was a hazard, and they ignored you.

Have you thought that maybe YOU damaged their garbage can with your car?? no? ridiculous you say? same thing.

I don't see why the victim would pay.

you wouldnt be paying anything if you had the proper coverage. glass coverage here is free -deductable free as well- with most comp coverages, which would have also paid your claim, if your car was dented by the garbage can.

I'm not arguing against you. I just want to understand the logic if you care to explain why the party at fault isn't ponying up the repair costs.

maybe you want to explain how it is, the apartment is at all at fault, because as far as I can see it was no ones fault, except God, and he has been proven unserveable.

If it was at all the fault of anyone else, then your car insurance would then go after the at fault party for reimbursement.

its the point of car insurance, and if you dont have enough coverage, then that is also your fault.

 

[OHRoadwarrior]

Canada has no fault auto insurance. I think this might substantially raise OP's rates, if they claim.

 

[Zigner]

In the US, the entity that is liable is the entity that created the wind. Dunno how they do it up in Ca-nah-dah, eh.

 

[Mass_Shyster]

In the US, the entity that is liable is the entity that created the wind. Dunno how they do it up in Ca-nah-dah, eh.

Here in the People's Republik of Taxachusetts, the SJC recently ruled that the owner is liable for injuries from natural accumulations of snow, in effect making the owner an insurer against all damages.

Maybe Canada has a similar attitude towards wind.

 

[asiny]

I believe they don't have an 'act of nature/God' in policies in Canada.

 

[moburkes]

Just an FYI BP - Not all states require deductible-free glass coverage. In fact, in most states glass is claimed just like any other comp coverage - you pay your deductible and the insurance company pays the rest.

Just letting you know.

 

[Banned_Princess]

Well, this poster just happened to ask me about Ny's insurance since he continued to ask me about "my state's insurance" since it "couldn't be too different"

so I was working with insurance I am accustomed to, which besides the free deductible glass, isn't much different all over the country as it relates to the described situation.

but good to know. I'll keep my insurance in NY.

 

[AdviceForPete]

Just an FYI BP - Not all states require deductible-free glass coverage. In fact, in most states glass is claimed just like any other comp coverage - you pay your deductible and the insurance company pays the rest.

Just letting you know.

With my auto insurance the collision and comp coverage is grouped together with the same amount for the deductible. For this incident they said I would have to pay that deductible. Cost of repairs for chips to the glass is completely covered.

Wrote a letter to the landlord and waiting to see if they would offer even some compensation, regardless of whether or not they admit to any negligence.