Do I have any rights or can the complex toss me out... a tree fell on my car
By Pixell
@Pixell (192)
United States
January 8, 2007 7:22pm CST
The top of a dead tree hit my car when the trunk of it broke off and landeed in the space next to the parking space I pay $25.00n a month for so that I don't have to park in the street. The manager or one of the people who manages the office called to tell me "a tree fell on my car" . She said she did not know anything about the insurance for the complex when I asked her. My insurance co. told me to take the cain have it fixed and that after I pay the $250.00 deductable they will pay the body shop the ballance. That is nice plus I have rentle car in my policy. What confuses me... a friend of mine said to get hold of the insurance company to fix the car but only if I am willing to move. I do not have the money for the deductable and have been told my insurance policy rates will go up if I claim this with them. So my once cute non dented car now has alot of scratched up deep dents on the roof. some deep scratches in the windshield looks like a junk car now ....... I can not use my insurance to fix it without having to come up with $250.00 and my ratesd will go up. I can not ask the apt insurance to fix my car unless I am ready to find some place elce to live. Is this just another one of those "thats life" situations? The tree dead , I was in bed sleeping, I pay extra to park there.......... please help me know what I can do. I just want my car fixed. and I do not think I should be punished for having it fixed.
7 people like this
31 responses
@jennifer611 (2514)
• United States
9 Jan 07
I dont understand why u would have to move if u have their insurance company fix it.. it seems like they should pay because it's their property.. I am if it wasnt their property why would you be paying them for the sput.. They should pay and u should be able to stay where you are..I think they should cover what your insurance wouldnt if anything.. u shouldnt have to come out of pocket.. contact a lawyer and ask.. u can usually get a free consultation..Good Luck
3 people like this
@sirensanssmile (3764)
• Netherlands
9 Jan 07
In the USA they have advocates that you can contact for advice on this. There are renters rights people.... Try to find someone that specialises in Renters issues and request information on this. :) You should not have to move if they pay for the repairs. That doesn't make any sense and I know in most US states it is illegal for a landlord to bully you if there is a problem that results in personal damage. That is insane. Check your local laws.
1 person likes this
@Pixell (192)
• United States
9 Jan 07
Thank goodness I have not been asked to move like my friend was a few years back. I am going to the office to ask about the insurance company they use. In about 25 mins when the office opens I will hopefully learn that I have been worried over nothing as far as having to move. ThaNK YOU FOR YOUR COMMENT.
@mkirby624 (1598)
• United States
10 Jan 07
You friend should have threatened to sue if they asked her to move. They had no right or grounds to ask her to move because THEIR employee screwed something up.
@nobodyspecial (1011)
• United States
9 Jan 07
Since you pay rent for the parking, I assume you have a contract. Check the contract for any disclaimer for damage to property. If there isn't one the complex's liability insurance should pay the deductible. As for your policy premiums rising, for this event it is unlikely even if you do file for repairs. Talk to your insurance company rather than a 'friend'.
As for having to move, this is one of the fallacies that is so often brunted about by others. Every property has to legally have liability insurance, places that rent space definately need it. Events like this are what that insurance is for.
Ask your insurance agent for some guidence as to how to handle receiving the benefit from the complex's insurance.
2 people like this
@Pixell (192)
• United States
9 Jan 07
I try to use my brain and this advice I think I would have thought of had I been asked by a friend what to do. But here I am reading the obvious in a comment made by a stranger here on myspace. Thank you. Getting out the contract is at the top of the list of what I need to do. That would informe me better than anything where things actually stand. And I will find out if I can avoid the deductable from my insurance as well. I wonder if my insurance company in supposed to "go after" the complex s insurance. You see I do not know if my having the car fixed , paying the deductable etc my ins co paying the body shop ... then doesn't my insurance co go after the insuranse company from the complex to bet reimbursed ? is my deductable what pays my insurance for having to collect what they spent on the repairs?
@mom2chriskel (1060)
• United States
9 Jan 07
I don't think that your insurance will go up for an act of nature and that is what this should be listed as on your insurance. We just hit a deer or rather the deer hit us(LOL) and that won't make our insurance go up.
Things like speeding, hitting someone, driving dangerously, a car accident that was your fault make your insurance go up.
I also don't believe you will have to move! That is why they pay insurance for the complex!
2 people like this
@cwgrlsarefun (1581)
• United States
9 Jan 07
I can not understand for the life of me why you would have to move. You pay your rent every month and hopefully where you are, they have paid their insurance premiums. I would go and get the insurance information from the managers and file a claim. There should not be any reason for you to have to move. If you have a legal aid office available call them I am sure that they will tell you the same thing. You can also call the law bar and they will answer your questions. You probably need to go ahead and get the claim filed before your time runs out though.
@enchantedemerald (454)
• United States
9 Jan 07
Every apartment complex should have a "General Liabilty Policy". Even though you rent from them your car was parked on their property in the space that you pay for. There is no reason you should have to come up with one penny out of your pocket to get your car fixed. The apartment complex will have to file a claim on your behalf and their insurance rates might go up because of this. If they threaten you with eviction over this there are several laws they will be breaking.
1 person likes this
@Pixell (192)
• United States
9 Jan 07
The complex files on my behalf with their insurance? Wow !!!!! Thank you this situation is not a bit fun. I just want my car fixed without anyone getting mad at me. and without having to pay for something that was not my fault. I am not mad at anyone. But I do not understand why my insurance did not tell me this. Therefore saving me the deductible.. It kind of makes me think less of the insurance company. Makes me have more questions.......... about them.... Thank you so much for your comment. It is very informative.
1.
@enchantedemerald (454)
• United States
9 Jan 07
Your insurance agent should have informed you about general liability coverage. I don't know of any insurance agent that hasn't had to take an exam to get their license. General liability is there for these sort of things. My only concern is that the apartment complex might have let their general liability coverage lapse due to non-payment, etc and that's why they aren't saying anything. If that's the case then the only thing to have your car fixed would be to come up with your deductible amount.
@scorpiobabes (7225)
• United States
9 Jan 07
If you're parked on someone else's property (in this case, the complex's), it should be covered by their insurance. Definitely speak to a lawyer on this. I had a freak accident with a power line falling in front of my home late last year; the neighbor's daughter released mylar balloons into the air instead of throwing them in the garbage and they caused the line to break in front of my home. It took out my water and sewer, other damage (sidewalk turned to glass!) and burned my car. I had to put everything but the car through MY homeowners, since no one would take responsibility. And now we're (my dad owns my car) suing the tenants, as well as the homeowners, to pay for the car. Good luck!
@Pixell (192)
• United States
9 Jan 07
How awful what a mess you and your dad ended up in. I wish you luck and thanks for the good wishes you sent to me.
After the fire that got all of my things when it blew through Harbison Canyon..... knowing ahead of time before talking to anyone about my situation would have been helpful as it is, or was nothing of mine was replaced. When so many people got checks for losses from 100% false claims.
@clownfish (3269)
• United States
9 Jan 07
Hi! You don't have to move. You are the victim here. Just tell the complex manager you expect to have all your repairs paid for, including your deductible, or you will get a lawyer and sue for it.
1 person likes this
@sharon613 (2321)
• United States
9 Jan 07
There are2 things you can do, one is that you speak to the management and ask if you can park for free to make up the amount loss due to the damage of your car. The 2nd thing you can also do is insist on getting there insurance information.
@soldenski (2503)
• United States
9 Jan 07
Don't use your insurance to pay for your car. It is the apartment complex's problem, their tree, their insurance that has to pay. And they can not kick you out. I don't understand why your friend would say you would have to leave, it was not your fault. The apartment complex's insurance has to pay, if they don't give you the information for their insurance, then get a attorney and have the complex pay for the attorney by suing for the cost to repair the car and attorney fee's. Good luck and don't move from your apartment.
1 person likes this
@limosonia1 (1559)
• United States
9 Jan 07
They have no legal right to make you move for contacting the insurance agent. They need to pay for your damages. If they tell you that again ask them if you can record it or they would send you a letter. Then they will have to pay for all your expenses to move and any difference in rent. That is a threat and is illegal for them to do. You might have trouble with them after you contact the insurance but as long as you follow your lease there isn't much they can do.
@ethaniverson (72)
• Philippines
9 Jan 07
I believe you have to consult a lawyer on that because there may be some technicalities regarding your case but generally you have the right to demand payment for the repair of your car from the car lot owner. You are paying for the parking space and they are earning from it so they should be responsible for the upkeep and safety of your car. the accident happened within their premises, and you happened to be there because they allowed you to be there for a certain fee. So technically they are responsible for it and should shoulder the cost of repair for damages incurred on your car. You can sue them in court if they would not want to pay you. But just to be 100% sure, try consulting a lawyer
1 person likes this
@heatherc (398)
• United States
10 Jan 07
You shouldn't have to be responsible for paying to have the damage to your car repaired. It would be the same thing if you owned a home and a tree fell on it...the home owners insurance would be the contact insurance company. Hope you can have your cute nondented car back to itself soon!
@sylviekitty (2083)
• United States
9 Jan 07
If you actually read what the person wrote, they said that their friend said he would have to move... the manager didn't say they had to move. So what exactly is the manager doing to this person?
1 person likes this
@angelface23 (2494)
• United States
9 Jan 07
my fiance just told me that his boss took his car to get the scheduled maintenance and when they were pulling his truck out of the garage someone hit the switch to lower the door so his truck got crushed. They are gonna fix it obviously but he was so pissed. Just thought maybe that'd make you feel a little better knowing things like this happen to everyone. Hope you get everything straightened out.
@Bevsue (251)
• United States
9 Jan 07
We would all be interested in hearing the outcome of this situation, after you get the straight news from your own apartment complex manager.. I am sure they are legally responsible for the damage and don't see how they can force you to move. They can threaten that,, but I don't think they can make you go.
1 person likes this
@sylviekitty (2083)
• United States
9 Jan 07
I was a manager of an apartment complex, and I remember when a friend of a tenant had a part of a tree fall on the hood of her car. I took pictures of it mostly to protect the owner, not her. But she was threatening to sue, and wanted money, etc.. but the owner said that he did not have to pay her a dime, because it was an act of God. She never pursued it, thank goodness.
1 person likes this
@elizabeth13 (106)
• United States
9 Jan 07
I could be wrong, but legally the apartment complex is responsible for that happening and the damage to your car. Legally as well they cannot throw you out for having them pay for the damages.
@irishr (8)
• United States
9 Jan 07
Im not a lawyer, but it seems to me that your friend was threatened with an illegal eviction and doing that is illegal. YOu might be able to et your $250 back from the complex, but you might have to prove they were neglegant in maintaining the tree, not pruning it properly for example. was the tree on their property or on city property? that will make a difference also.
1 person likes this
