Apartment gate closed on my truck.

Discussion in 'Chevy Silverado Forum (GMC Sierra)' started by dlg804, Oct 24, 2011.

  1. dlg804

    dlg804 New Member

    Last week I had an apartment gate close on my truck. It was not my fault. I was not trying to follow anybody in or anything like that. The
    Complex has the whole incident on camra, but is claiming that they are not liable for their gates. Has anyone ever had a similar incident with a company not wanted to fix damage caused by them to your truck. If so how did you go about it. Do I need to get an attorney or just let it go.

    99'HEARTBEAT Moderator

    Is there a Sign, Next to the Gate, Stating that the Complex is Not Liable for the Gate(actions of it) if hit a Vehicle and/or a Person??.....also is the Gate is on the Property of the Complex??
  3. dlg804

    dlg804 New Member

    The only sign that is there just states that you are under video monitoring. The gate is on the property of the complex as well.

    99'HEARTBEAT Moderator

    I would mention to them, what I expressed above......that there is No Sign Stating that the (Complex is Not Liable for the Gate(actions of it) if hit a Vehicle and/or a person) and see what they say to that......and that the Gate is On the Property of the Complex........how much and/or what damage was done to your Truck from the Gate hitting it??
  5. dlg804

    dlg804 New Member

    It has around $600-$1000 worth of damage to the paint and body on the drivers side of the truck bed according to my insurance adjuster. I will deffinatley
    Mention what you said next time I go to meet with them.

    99'HEARTBEAT Moderator

    For the amount of the damage to your truck, I would Not let this go, if the Complex is Not willing to work with you on this issue, don't argue with them, Instead I would speak with an Attorney, and see what he/she can do for you......Good Luck and hope it all works out for you.......and last Take pictures of the Complex.....the area of the Gate and your Truck ASAP!!

    Edit:....I forgot to ask, do you live at this Complex and/or does a family member/friend live there??
    Last edited: Oct 24, 2011
  7. dsfloyd

    dsfloyd New Member

    Ok so not sure how much this will help, but my wife is in property management (regional manager for a large publicly owned company). I posed the question to her if this happened at one of her properties. Her response was that she would have you file a claim with the insurance (their property would send info to their risk management dept.) and then the insurance would then most likely go after the property. doesnt help when you have to pay the deductible, unless your insurance would wave that until they investigate and decide if they are going after the property. Make sure the surveillence tapes dont disappear. thats your only evidence that you were entering the gate properly, otherwise they can just claim you were following another vehicle through.
    Sorry to hear about the damage

    99'HEARTBEAT Moderator

    Dave Excellent Advice.....and x2 on making sure the Tapes Don't Disappear and/or get Erased, can you say Nixon (WaterGate)!!
  9. pmf608

    pmf608 New Member

    I agree with Mike and David... make sure the surveilance footage doesn't get erased - get a copy of it if you can. And take pictures of the area around the gate (lack of a sign saying they aren't responsible for it). I strongly suggest doing this before you talk to them again. All it takes for them to be off the hook would be to put up a sign just outside of the surveilance camera's view and claim it was there all along.
  10. Rockstarrchevy81

    Rockstarrchevy81 New Member

    I agree with the Video Tape thats the main Focus as of now because if they say they quote on quote lost it you are really out of luck and there will be nothing you can do!
  11. tbplus10

    tbplus10 Moderator

    You've already seen your insurance adjuster so why isnt your insurance company handling this?
    This is what you pay an insurance company for!!
  12. hotrodking86

    hotrodking86 New Member

    I wouldn't fight with them by yourself, go get lawyered up and seek help from your insurance. This is not right, they should be liable for it.
  13. CKNSLS

    CKNSLS New Member

    Most insurance company's policy is to deny the claim-regardless. This amount looks like a small claim damage. So file in small claims court, subpoena the video tape, and while there is never an open and shut case in small claims, it does look like you have a good viable case. If they lose they also pay ALL COSTS inc. court costs.

    see link-
    Last edited: Oct 24, 2011
  14. SurrealOne

    SurrealOne Former Member

    See if you can get this one onto 'The People's Court'. I'd love to see Judge Milian lay waste to them. All you need to bring is the video footage, photos of lack of signage that disclaims responsibility, and an estimate for the amount you'll be suing for. :)
  15. firefighter3215

    firefighter3215 New Member

    I would also reccomend you Time the gate and video it in operation as well. If you did not doddle and went through at a normal speed this would show that the time it remains open is too short or it malfunctioned. Never hurts to have lots of information. Most Video is only saved for 7 days unless it is set for 30 days. If it is a Hard drive, then you are good to go for a copy. Good Luck!
  16. Cajun Road Warrior

    Cajun Road Warrior New Member

    The same thing happened to my sister, she has a 300ZX . They began harassing her after she went to a lawyer. They even towed her car in the middle of the night from her space in front of her apartment. They also own the tow yard and charged her $1500.00 to get her car back. Then they smashed the back of her car when they towed it.
    she took them to court and won a judgement, but they won't pay. They say they are appealing the decision.
  17. Caddiac

    Caddiac New Member

    X2. I have heard of small claims court being used as an outlet for people getting screwed by their cell carrier.
  18. dixon879

    dixon879 New Member

    That's BS. I am sure they are liable. What did the insurance company say?
  19. mrbrown88

    mrbrown88 New Member

    Get it handled with your insurance carrier and see if they will waive the deductible. If they will, have them go after the complex's insurance to get their money back.

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