BigMike2one5th

Ok, last night I was going to get a pack of smokes at about 9:30ish. Point is, it was dark outside.

I get in my car, pull out of my space in my apartment complex, and as I am backing up, I lightly tap something.

I was surprised because there is a lot of room between the rows of cars, and of course I was upset because I knew I would have damage on my rear fender. I looked behind me in my rearview to see what I had hit, and I couldn't see anything behind me and I thought i was bugging out, so I got out.

When I walked behind the car I saw that I had bumped into an ALL BLACK DUMPSTER. Now, I know what you are thinking: "How the hell did you hit a dumpster in a parking lot?" First, the dumpster was ALL BLACK- no reflectors on it, no barriers or fences around it, it was absolutely unmarked and invisible to someone backing out. Moreover, it was right out in the open space of the parking lot. There were other dumpsters near it/ around it but they were all enclosed in a fenced-off area. This one dumpster was all by itself out in the lane of traffic.

I called my local PD today and they said they would check it out. The officer that I spoke to told me that there are laws about dumpsters being placed/marked off etc.. What do you guys think? Should I go after the apartment complex, or am I tottally off base here?

Adamo0926

Talk to your insurance company....if they think the apartment complex was at fault (and it sounds like they are due to complete stupidity), your insurance company will pay for your repairs and then collect from their insurance. And if they do that you should not have to pay any deductible you have on the policy. Also, it won't affect your rates if you are determined to be not at fault (and it's pretty apparent that you were not at fault)

Tripp11

I concur with the above poster - call your insurance company and talk to your rep. That's why you pay them those inflated premiums.

I do know insurance companies differ when it comes to what qualifies as a claim. I would be specific with them and say that you do not want to file a claim, but merely are inquiring about what steps to take.

My insurance agent is great about this and whenever I run into a situation, we have a talk and find out the best course of action to get my vehicle repaired and ensure my rates don't go up.

Good luck!

CL Platano

You on your own on this man, file a claim with the insurance company. Check for a company name on the dumpster and take a pic of its location inside the complex, maybe with that your insurance company can fight with the garbage company and reimburse you your deductible.

Adamo0926

CL...an excellent idea of taking a picture of the dumpster and it's location. The more evidence that can be provided for the insurance company, the easier it will be for them to collect from the apartment complex's insurance.

flatfoot

I would contact my attorney on this. I not presume to be an authority, expecially in New Jersey, but in my opinion, there is double negligence on this case.
You are at fault for backing into something that was inanimate, and not being moved at the time. The dumpster should have not been there, because either the workers left it their, or someone else moved it their, and then the apartment complex might be negligent. Either way there are two parties at fault.
This is just a guess, but I think your insurance company wont back you up. You will need to have your apartment complex go after the sanitation people, and then collect from your apartment complex. I dont think your insurance company will pay up, except under collision, and this will be a chargable report, so you might think twice about it.
Take a series of photos at day and night of the object in question, including photos of where the dumpster should be, and after it is moved into the proper location, take photos of it also, to show proper location. If need be, take video of the workers doing their cleanup, and see where they put the dumpsters.
There is never an excuse for backing into something according to an insurance company, especiall something that is inanimate. Especially upon backing up.

This is just my best opinion, I could be just talking out loud also, so take it as it may.

Hope it works out for you. And by the way, when you present the case, dont say you were going out for some smokes.... It might show a pre disposition that you were in a rush, because you needed some nicotine. State something like you were going to the store to pick up some milk and a newspaper.
Or going to the store for an elderly resident, who needed some eggs.

Thanks