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vandalized vehicle

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R

red0

Guest
What is the name of your state? Wisconsin

My jeep wrangler was parked overnight in my apartment complex's locked garage. The next morning I saw that I had gotten keyed, $1,600 worth of damage. Everyone who has seen the damage believes it was kids, including myself (they tried to draw pictures!) I called the police, they said if you didn't see anyone do it there is nothing they can do. Then I called the apartment manager, he said "drop off an estimate and I'll talk to my boss." Then I called my insurance company, and they said they will have an adjuster call me. Here are the events that followed:
The apartment manager talked to the neighbors - no one confessed but he believes it is my downstairs neighbor's children. I do not want to get my vehicle fixed until steps are taken to make sure this will not happen again. He said there has been 2 events in the last 12 years that he doesn't think steps need to be taken. However, the New Berlin police department said they have many current complaints of our apartment complex from thefts to more vandalization.

I also requested a number of times to get my lease from my landlord (I was told I need a copy to see if they are truely not liable as stated in my lease??) He has still not dropped it off and will not return phone calls.

The insurance adjuster has still not called me, but has instead sent me a check for $300 less then my estimate (and less my $500 deductible) This check was made payable to myself and the auto body shop that I had got my estimate from. I told them over the phone that I intended to get one more estimate.

Help please!
 


BL

Senior Member
I believe if you sign the check and under your signature write :

With protest and with prejudice . Keep a copy both from and back - returned ck.

Then see if you can get a letter from the police dept. of the many events of complaints of vandalism .

The write the Landlord return receipt requested Certified Letter w/ a copy of the Police reports letter ( or reports themselves ) , and state you have patient but unless the Apt. complex re-reimburses you your remaining cost you will have no choice but to file small claims to recover , and demand a copy of lease ,or when you file small claims ask to request a subpoena for a copy of the lease to be brought by the Landlord / defendant .
 
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JETX

Senior Member
1) Unless you can show that the apartment complex was negligent or malicious and that caused your damages, you have no claim to them.
2) As for the check, the suggestion that you put a 'restrictive endorsement' on it is not relevant. Simply, the insurance company has apparently reviewed your claim and felt that the amount provided was sufficient for the damages. Your only option if you disagree is to return the check as insufficient and then consider additional action. This could range from providing additional independent support for your higher damage claim, to contacting your state insurance agency and filing a 'not in good faith' claim.

And if you have a concern that this might happen again, I would suggest you consider investing in a proximity alarm system.
 

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