Apartment Complex Gate Hit My Car

[mark1210]

What is the name of your state? TX

I need some help quickly...while entering the main gate to the apartment complex I notice that the right hand gate was not moving and was off track. The left hand gate opened fine (these are two iron sliding gates) While passing through the gate the left hand side slammed on my car resulting in scratches on my door. I had to drive slower than normal as I couldn't see around the corner and was driving the wrong way thanks to the gate. These is a common occurence here with the gates not functioning correctly but this is the first time this has occurred to me and anyone I know. I spoke to the apartment complex and they are saying, sorry I must not have used the gate correctly and that regardless they aren't responsible because of the sign thats states "Not responsible for damage to vehicles from gate" What is my recourse here? I don't want to file on my insurance, and I don't believe they can hide behind that sign. There is all sorts of complaints regarding the gates on apartmentratings.com with this particular complex.....help!

 

[stephenk]

ask for the name of their liability insurance carrier and file a claim with them.

if they wont provide you with the name of the carrier, get a repair estimate for your car and sue the property owner in small claims court.

 

[mark1210]

What is the name of your state? TX

Thanks that was what I was needing to know. It sounds like their sign on the gate doesnt' mean much of anything. What about for instance, if they say well just dont' pay this months rent and apply it to the repairs on the car? Can that even be done?

 

[stephenk]

nope. rent is not related to the damage to your car. that would only get your evicted very quickly.

 

[mark1210]

Update

State= TX

Ok here is an update to my predicament. The apartment complex calls and tells me upon reviewing the tape they aren't responsible. They state that since I stopped between the gate (Which is true, people were walking in front of the car and a car was coming towards me) that it was my fault and not theirs. Does their argument hold any weight? They also claim that the right hand side of the gate was hit by someone before me and thats why that side was not operable. Seems to me, regardless of a car, a kid, etc that the sensor on the gate (if equipped and functioning) would not allow the gate to come back and hit whatever was in between the gates. Am I off base here? They refused to give me their insurance info. I filed a claim on my insurance and am going to be subrogating (my insurance is going after theirs).

 

[krispenstpeter]

State= TX

Ok here is an update to my predicament. The apartment complex calls and tells me upon reviewing the tape they aren't responsible. They state that since I stopped between the gate (Which is true, people were walking in front of the car and a car was coming towards me) that it was my fault and not theirs. Does their argument hold any weight? They also claim that the right hand side of the gate was hit by someone before me and thats why that side was not operable. Seems to me, regardless of a car, a kid, etc that the sensor on the gate (if equipped and functioning) would not allow the gate to come back and hit whatever was in between the gates. Am I off base here? They refused to give me their insurance info. I filed a claim on my insurance and am going to be subrogating (my insurance is going after theirs).

let the insurance companies fight it out. Their excuse of the gate being damaged before as the cause of part of the problem is their own undoing. An intelligent person would simply ask "and if you knew it was a problem why wasn't it corrected?"

As for their tape, your insurance company will simply subpoena this if it goes to trial and their own tape will kick them in the ass.

As I said, relax and let the insurance companies handle it. Might be fun to watch