Need some advice. My car was damaged.
#1
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Need some advice. My car was damaged.
Ok, we had some pretty strong wind today, all day. This afternoon a few shingles blew off of my apartment complex roof and two of them landed on my car. One hit the hood and the other hit the roof. I went outside because I heard a loud bang and saw a shingle on my windshield. I didn't see any damage until just now because it finally stopped raining. So now both my hood and roof are severely scratched up! Is it the responsibility of the apartment complex to pay for my car to get fixed or what? It is there apartment and it's their shingles that are flying off the roof. I gave them a call and left a message for them to call me back. I haven't called my insurance company yet because I want to see what the complex is gonna say. Anybody have any advice?
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Yea, I would take pictures, and go after the apartment management company for damage compensatin. I would also get a couple of estimates to re-paint the roof and the hood and submit it together with the request for compensation.
#3
Some garages have posting that they are not responsible for anything regarding damage and/or theft of cars.... But scare them with a lawsuit! They will pay up.
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Originally Posted by TeknoKing
Some garages have posting that they are not responsible for anything regarding damage and/or theft of cars.... But scare them with a lawsuit! They will pay up.
![Agree](https://acurazine.com/forums/images/smilies/agree.gif)
#5
I think it might be good for you to notify your insurance company, so they know what is going on and won't wonder why you waited so long to report it, in case you don't get any results with the apartment complex.
Things are slowed down by the holidays, so the apartment complex might not get back to you for a while, so you should cover your you know what.
Things are slowed down by the holidays, so the apartment complex might not get back to you for a while, so you should cover your you know what.
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I spoke with two lawyers over the internet and here's what they said:
and
I'm going to speak with the management first thing tomorrow morning but who knows how it'll turn out. There was quite a few shingles that fell off the roof and were just laying around in the parking lot. I've never seen them checking the roof, ever. Hopefully they'll agree to fix my car. I called the insurance company and they won't help until I file a claim. Anybody know what my claim would fall under; IE weather or something? I just don't feel like spending any more money at this time. Thanks in advance.
Originally Posted by Lawyer 1
The case will turn on whether or not the management company was 'negligent'. Prior notice of the risk (knowing the tiles might be loose, or no pattern of inspection) would establish negligence.
If the judge agrees the management company should check the roof periodically, then you win.
Also, the judge may find for you on the basis of 2 other theories: straight causation without requiring negligence and as a transferred externality.
Your odds are good to win in small claims court.
If the judge agrees the management company should check the roof periodically, then you win.
Also, the judge may find for you on the basis of 2 other theories: straight causation without requiring negligence and as a transferred externality.
Your odds are good to win in small claims court.
Originally Posted by Lawyer 2
Not unless the management company was aware that it had losse shingles that would likely fly away in a typical storm.
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#8
Burning Brakes
If the damage is under $2k, take them to Small Claims Court. You don't need a lawyer....And the fees are limited. Either that, or give Judge Judy a call....LOL!!!!
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Originally Posted by gbriank
If the damage is under $2k, take them to Small Claims Court. You don't need a lawyer....And the fees are limited. Either that, or give Judge Judy a call....LOL!!!!
In New York the maximum small claim amount is $3000, not $2000.
#11
you're in NY?
Check the rentor's laws... I'm pretty sure that they have to check the roof at least once per calendar year, and that stuff like this is their responsibility.
In PA you're be kinda screwed, but then again you could torch your apt. and management can't evict you here either... go figure
Check the rentor's laws... I'm pretty sure that they have to check the roof at least once per calendar year, and that stuff like this is their responsibility.
In PA you're be kinda screwed, but then again you could torch your apt. and management can't evict you here either... go figure
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