gate hit my car and hoa insurance won't pay

[driver33]

What is the name of your state (only U.S. law)?
california

I'm a renter in northern california and last month I was leaving my street when the sliding gate hit the rear passenger side of my vehicle. My car was behind another waiting to exit the street and the rear section of my car was straddling the sliding rail of the gate. There was also a car behind me.

I've done this thousands of times in the last 10 years and no vehicle has ever been hit by the gate. I found out that I was the last of 4 vehicles that were hit by the gate in the last 4 months. I filed a claim with the hoa's insurance company, which was denied. They claimed the gate hit my car due to my own negligence and that the gate was functioning properly at that time.

I'm arguing that a setting was changed or a malfunction occurred since no vehicle had ever been hit in the 10 yrs. I've lived there. Two weeks after my incident, the gate was left open for a week and a repair guy came out to install an eye to prevent other vehicles from being hit in the future.

1) What's my next step?
2) How can I legally obtain the gate repair records to prove malfunction?
3) If no warning was given to the residents after the first 3 vehicles were hit, can the hoa be held responsible? No signs, letters, etc.
4) Who do I sue if I have to go to small claims court? (board members of the hoa, insurance company)

 

[justalayman]

1) What's my next step?

have you considered turning this in to your insurance company who would then subrogate the claim and they would go after whomever they believed to be at fault?

If not, it appears your next move would be to sue the HOA.

2) How can I legally obtain the gate repair records to prove malfunction?

file for discovery when you file a suit

3) If no warning was given to the residents after the first 3 vehicles were hit, can the hoa be held responsible? No signs, letters, etc.

if there was a known problem, that is exactly what would make them liable.

4) Who do I sue if I have to go to small claims court? (board members of the hoa, insurance company)

the HOA

 

[Dave1952]

I'm not sure I understand how the HOA is at fault. How are these gates supposed to work? Is stopping half in and half out of the gate common?
I parked in a "gated" lot at work some years ago. The gate would open for a set time period and then close. Not clearing the gate in a timely fashion was unwise.

Good luck

 

[Zigner]

I'm not sure I understand how the HOA is at fault. How are these gates supposed to work? Is stopping half in and half out of the gate common?
I parked in a "gated" lot at work some years ago. The gate would open for a set time period and then close. Not clearing the gate in a timely fashion was unwise.

Good luck

In this day and age, gates should have sensors to stop them if an object is in the path of the gate. Think kid, not car, and you can see why...

 

[justalayman]

Not clearing the gate in a timely fashion was unwise.

Good luck

also not smart on the part of the owner of the gate. IF an owner was unwise enough to do that, they would at least have to give notification the gate only remained open XX seconds and a million other disclaimers. Even then, I doubt they could escape liability. As Zig said, think "child" or even "stalled car". Too much liability by not having a delay if there is something in the way.

the thing the OP needs to be able to prove though is that this was not a first time or one time thing. The history with the multiple problems is critical.

 

[Dave1952]

In Europe such sensors are required by law. When I googled "automatic gates" these sensors were an option. I suspect therefore that such sensors are not required in some States.
Still, I suspect that his insurer will know the local law on this matter if he has "collision insurance". If not then the OP needs to research the local law.

Good luck

 

[Zigner]

In Europe such sensors are required by law. When I googled "automatic gates" these sensors were an option. I suspect therefore that such sensors are not required in some States.
Still, I suspect that his insurer will know the local law on this matter if he has "collision insurance". If not then the OP needs to research the local law.

Good luck

It's not a matter of "legal requirement" so much as a matter of liability for a foreseeable problem.