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  • A malfunctioning gate hit my car

    About 1 month ago a gate at my grandmas apartment complex opened by itself and scraped up against my car and caused 700 dollars worth of damage. I spoke with the office and "corporate" and they told me they arent liable for their OWN gate hitting someones property or injuring someone. Im thinking about filing a lawsuit. What do you think? Any advice?

    If you want more details ill give them. The garage is the second garage from the gate, so its a tight spot. I was backed up against the garage so when i was leaving I pulled out and drove up close to the Exit gate, but you have to trip 2 censors for the gates to open, and the first one is about 10 feet away from the exit gate. So I started to back up to trip the second censor and the Entrance gate just started to open on its own, there was no one trying to get in or anything, it just opened. It scraped the left side of my front bumper. 700 bucks.
    Last edited by VenomousDB; 05-14-2008, 08:06 PM.
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  • #2
    No,I have no advice but I would own a piece of that gate even if I had to brake out my midnight ninja skills
    Last edited by LarryDean; 05-14-2008, 08:02 PM.
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    • #3
      Advice? Don't park so close to the gate next time!

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      • #4
        Hey....I don't like to admit it but.....insurance agent here. I work with business insurance. That is something that should be covered under their General Liability policy (covers bodily injury or property damage). If you could get them or somebody there to give you who their insurance company or agent is, you could turn in a claim to them. I would start there so you don't have to spend money on an attorney.

        Hope this helps and good luck!

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        • #5
          Originally posted by CutlersKilla006 View Post
          About 1 month ago a gate at my grandmas apartment complex opened by itself and scraped up against my car and caused 700 dollars worth of damage. I spoke with the office and "corporate" and they told me they arent liable for their OWN gate hitting someones property or injuring someone. Im thinking about filing a lawsuit. What do you think? Any advice?

          If you want more details ill give them. The garage is the second garage from the gate, so its a tight spot. I was backed up against the garage so when i was leaving I pulled out and drove up close to the Exit gate, but you have to trip 2 censors for the gates to open, and the first one is about 10 feet away from the exit gate. So I started to back up to trip the second censor and the Entrance gate just started to open on its own, there was no one trying to get in or anything, it just opened. It scraped the left side of my front bumper. 700 bucks.
          I would just turn in a claim with your insurance company. They would pursue reimbursement from the other companies insurance company. They do it all of the time. They have the time and resources to do it. They would be more successful at pursuing it than you would by turning in a claim yourself against the other company, unless you hire a lawyer that specializes in insurance liability.

          I work in construction restoration and see a lot of second party liability claims, and that is the way I would probably go. I hope that is helpful.
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          Thank you to my grandfather jetrazor for being a veteran of the armed forces!

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          • #6
            Originally posted by CutlersKilla006 View Post
            About 1 month ago a gate at my grandmas apartment complex opened by itself and scraped up against my car and caused 700 dollars worth of damage. I spoke with the office and "corporate" and they told me they arent liable for their OWN gate hitting someones property or injuring someone. Im thinking about filing a lawsuit. What do you think? Any advice?

            If you want more details ill give them. The garage is the second garage from the gate, so its a tight spot. I was backed up against the garage so when i was leaving I pulled out and drove up close to the Exit gate, but you have to trip 2 censors for the gates to open, and the first one is about 10 feet away from the exit gate. So I started to back up to trip the second censor and the Entrance gate just started to open on its own, there was no one trying to get in or anything, it just opened. It scraped the left side of my front bumper. 700 bucks.
            you should rip the gate off and go around hitting there cars . . . . i mean after all if THEY are not responsible for damages caused by THERE gate then you sure as hell wouldnt be . . .

            but yeah, i bet you could sue for negligence or something, stating its there responsibility to keep that gate in working order
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            • #7
              I am a service advisor at a delaer in Sacto. Recently we had a guest whose car was hit by one of those parking garage arms because he tried to get through behind another car. They are timed to allow one car at a time. Well.. he nagged and complained and generally made a ruccus until the company in charge finally said- "FINE!! We'll fix it!!!" even thugh logic and common sense would say it was NOT their fault. So if the above ideas dont work.. you could try that??
              *2011 BCMB Locker Room Division I League Champion*
              *Voted; 2013 & 2015 BCMBA's Scariest Mod*
              *Voted; 2014 BCMBA's Best Avi and Most Friendly*


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              • #8
                Originally posted by ebsoria View Post
                I am a service advisor at a delaer in Sacto. Recently we had a guest whose car was hit by one of those parking garage arms because he tried to get through behind another car. They are timed to allow one car at a time. Well.. he nagged and complained and generally made a ruccus until the company in charge finally said- "FINE!! We'll fix it!!!" even thugh logic and common sense would say it was NOT their fault. So if the above ideas dont work.. you could try that??
                oh how i hate people like that, i actually despise them and would wipe them all of the face of our planet if i could

                that and the majority of people i see on welfare, they think i owe something to them becasue there poor, well you know what i pay for you to live on welfare, get a freaking job and stop having 15 kids

                ok im done now carry on
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                • #9
                  Originally posted by SBboundBRONCOS View Post
                  you should rip the gate off and go around hitting there cars . . . . i mean after all if THEY are not responsible for damages caused by THERE gate then you sure as hell wouldnt be . . .

                  but yeah, i bet you could sue for negligence or something, stating its there responsibility to keep that gate in working order
                  Hahaha thats a great idea. Id love to see what they would say then.

                  Originally posted by ebsoria View Post
                  I am a service advisor at a delaer in Sacto. Recently we had a guest whose car was hit by one of those parking garage arms because he tried to get through behind another car. They are timed to allow one car at a time. Well.. he nagged and complained and generally made a ruccus until the company in charge finally said- "FINE!! We'll fix it!!!" even thugh logic and common sense would say it was NOT their fault. So if the above ideas dont work.. you could try that??
                  Yeah I could nag, and plus the thing about my situation is that the gate really did just open up on its own and hit my car. I bet I could go door to door in that place and 90 percent of the people would say theyve had problems with the gates.

                  Actually a couple months ago a cop was in there and he put the code in for the gate and he started to drive through and the gate started to close on him and hit the cop car, even though he put the code in about 7 seconds earlier.

                  Its a really nice apartment complex in Lakewood, so its pretty ridiculous that they cant keep their dumbass gates in working order.
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                  • #10
                    Is the gate ok?





                    P.S. Insurance Companies can be a huge hassle at times. Sorry your car got scratched up!
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                    • #11
                      Originally posted by SBboundBRONCOS View Post
                      oh how i hate people like that, i actually despise them and would wipe them all of the face of our planet if i could

                      that and the majority of people i see on welfare, they think i owe something to them becasue there poor, well you know what i pay for you to live on welfare, get a freaking job and stop having 15 kids

                      ok im done now carry on
                      Im with you! Cant stand the fact they feel like people pwe em stuff just because they cant get it on theri own.

                      Originally posted by CutlersKilla006 View Post
                      Hahaha thats a great idea. Id love to see what they would say then.



                      Yeah I could nag, and plus the thing about my situation is that the gate really did just open up on its own and hit my car. I bet I could go door to door in that place and 90 percent of the people would say theyve had problems with the gates.

                      Actually a couple months ago a cop was in there and he put the code in for the gate and he started to drive through and the gate started to close on him and hit the cop car, even though he put the code in about 7 seconds earlier.

                      Its a really nice apartment complex in Lakewood, so its pretty ridiculous that they cant keep their dumbass gates in working order.
                      Good luck either way you go!
                      *2011 BCMB Locker Room Division I League Champion*
                      *Voted; 2013 & 2015 BCMBA's Scariest Mod*
                      *Voted; 2014 BCMBA's Best Avi and Most Friendly*


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