CA Landlord/Tenant/Property Damage Issues

[nvbrrain]

Hi, I have a question concerning property damage and landlord/tenant rights. I have been threatened by property management of a lawsuit stemming from damage done to the garage, of which I am not liable for.

I had borrowed a friend's vehicle and kept it in the garage for a night. When I drove it out the next day and parked it outside the garage on a slope, and walked around the vehicle to inspect it, it began to slide downward until it hit the garage gate. My insurance would not cover it (as it should not, I am not the primary car owner). However, I just finally (after 6 months) received insurance information of the primary car owner and have opened up a claim to resolve the issue between the primary car owner insurance and the property owner.

Property management is now demanding full payment for the garage damage (2500 dollars) and refuses to wait for the insurance claim to be filed and processed and completed. Are they reasonable in bringing me to court, or is it simply a "threat" to bully me into paying the damage amount immediately?

Of course, I do not want to pay 2500 dollars for damages of which I am not liable for (I was not the primary car owner, and I was not even in the vehicle when it began to slide); should I pay or should I wait for the insurance claim to be filed and for a possible lawsuit? Thank you in advance.

 

[LL]

You will probably take offense at my comments, but I'm right. Aside from the small problem of parking your car irresponsibly, you are unbelievably irresponsible.

It is illegal for you to drive in California without insurance. What is the reason that your own insurance doesn't cover you when you drive any car? If you preferred to refer the claim to your friend's insurance, which also covers any driver of the car, why did it take 6 months? Saying that your friend didn't give it to you is not a reason: it was your responsibility to settle the claim promptly.

I don't know anything about the amount that is claimed, but the injured party certainly has a right to be reimbursed for the damage promptly after 6 months, and has every right to file a lawsuit, including a claim of lack of good faith on your part.

I can't believe that you are crying that you weren't even in the car when it rolled, after you were the one that parked it.

 

[niradh]

UUUUUMMMMMMMMMMMM, hate to tell you this but whether you are the primary owner or not.......YOU ARE RESPONSILBLE! You were the person driving the vehicle, you parked the vehicle, you are responsible. Why would you think you are not? Just because somebody else ownes the vehicle, it does not make them responsible. And to be honest, you are going to be darn lucky to get the insurance company to pay for it. The only way they will is if the primary owner bought insurance that covers anybody who drives the vehicle. And yes the complex can ask for payment now. They do not have to wait for insurance claims. They can call it due NOW!