A malfunctioning gate hit my mustang!

CutlersKilla006 · 05-14-2008, 07:53 PM

About 1 month ago a gate at my grandmas apartment complex opened by itself and scraped up against my mustang 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?

And I'll try to give details but its hard to explain... 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 for that.

01FR500 · 05-14-2008, 08:15 PM

I would find a way to make them pay for it, and your legal fees.

*JackThe Ripper* · 05-14-2008, 08:27 PM

file it with insurance and tell them to pay your deductable, if they dont like that threaten to sue them for the entire cost, if they dont want to be responsible they should have warning signs or something posted. if they dont, photo that stuff and tell them yer gonna sue them.

00whtgt · 05-15-2008, 10:22 AM

Unfortunately, your lawyer costs and legal fees are going to be more expensive than your repair bill. You win some, you lose some, just go on with your day and chalk it up as a learning experience. I know it sucks but there really isn't anything you can do if they are being dicks about it.

Crimsonred02 · 05-15-2008, 10:32 AM

As soon as you threaten law suit they will more than likely agree to pay.

*JackThe Ripper* · 05-15-2008, 11:02 AM

Quote:

Originally Posted by Crimsonred02

As soon as you threaten law suit they will more than likely agree to pay.

+1, they know darn good and well they can come to an agreement with you that will be cheaper than thier legal fees.

Dave04Mustang · 05-15-2008, 01:22 PM

Quote:

Originally Posted by 00whtgt

Unfortunately, your lawyer costs and legal fees are going to be more expensive than your repair bill. You win some, you lose some, just go on with your day and chalk it up as a learning experience. I know it sucks but there really isn't anything you can do if they are being dicks about it.

+1 have court the last option if you even let it be an option. By the time everyone gets their share with the court costs you will end up loosing money. $700 isn't enough to go through with court if you want to walk away with money.

'02SilverBullet · 05-15-2008, 01:54 PM

A lawyer PROBABLY wont take a case for 700 bux. He would more than likely recomend you do a small claims case against them. In small claims court you dont have lawyers to represent you. If you DO decide to do small claims then there is not much you would be out even worse case scenario. You pay around 50 bucks filing fee... go to court... jusdge rules... if you loose all your out is the filing fee.... If you win.... THEY pay your fees.

*JackThe Ripper* · 05-15-2008, 02:54 PM

+1 for small claims court.

it is worth spending the 50 bucks to see if you can get them to pay for it

dont be a bitch and roll over, it is thier gate, they are responsible for it properly working and it was not so it damaged your property

*4.6 Love* · 05-15-2008, 02:55 PM

Quote:

Originally Posted by 00whtgt

Unfortunately, your lawyer costs and legal fees are going to be more expensive than your repair bill. You win some, you lose some, just go on with your day and chalk it up as a learning experience. I know it sucks but there really isn't anything you can do if they are being dicks about it.

You can make them pay for all your legal fees for them being dicks about the whole situation...

rebelyell · 05-17-2008, 10:44 PM

Ouch. Were you in the car when that big gate hit you? Man you might have some neck problems from that. I'd get me a dollar collar and then ask em to pay for my damages. Plus pain and suffering. LOL, It might work.

05-14-2008, 07:53 PM	#1 (permalink)
CutlersKilla006 Junior Member Join Date: May 2008 Posts: 9	A malfunctioning gate hit my mustang! About 1 month ago a gate at my grandmas apartment complex opened by itself and scraped up against my mustang 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? And I'll try to give details but its hard to explain... 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 for that. Last edited by CutlersKilla006 : 05-14-2008 at 08:07 PM.

05-14-2008, 08:15 PM	#2 (permalink)
01FR500 Cones Beware Join Date: Sep 2006 Location: Texarkana, TX/Conway, AR Posts: 674	I would find a way to make them pay for it, and your legal fees. __________________ 2003 GT H&R SuperSports l Tokico Illumina dampers l Maximum Motorsports c/c plates l MM XL SFCs l JLT RAI l MGW shifter l other goodies...

05-14-2008, 08:27 PM	#3 (permalink)
JackThe Ripper Super Moderator Join Date: Sep 2007 Posts: 9,540	file it with insurance and tell them to pay your deductable, if they dont like that threaten to sue them for the entire cost, if they dont want to be responsible they should have warning signs or something posted. if they dont, photo that stuff and tell them yer gonna sue them. __________________ ^^FOR SALE^^ http://www.autotrader.com/fyc/vdp.js...reset_crumbs=y

05-15-2008, 10:22 AM	#4 (permalink)
00whtgt Member Join Date: Feb 2008 Posts: 38	Unfortunately, your lawyer costs and legal fees are going to be more expensive than your repair bill. You win some, you lose some, just go on with your day and chalk it up as a learning experience. I know it sucks but there really isn't anything you can do if they are being dicks about it. __________________ Some Show: 17x9 Black Fr500 245/45 front 275/40 rear Steeda Sidewinder side sticker 3.5" Polished Tips 15% Tint Mach 1 chin spoiler Some Go: Motive 3.90's Steeda Tri-Ax Mac O/R H-pipe Flowmaster Catback Steeda Full Length Subframes

05-15-2008, 01:54 PM	#8 (permalink)
'02SilverBullet Senior Member Join Date: Feb 2007 Posts: 397	A lawyer PROBABLY wont take a case for 700 bux. He would more than likely recomend you do a small claims case against them. In small claims court you dont have lawyers to represent you. If you DO decide to do small claims then there is not much you would be out even worse case scenario. You pay around 50 bucks filing fee... go to court... jusdge rules... if you loose all your out is the filing fee.... If you win.... THEY pay your fees. __________________

05-15-2008, 02:54 PM	#9 (permalink)
JackThe Ripper Super Moderator Join Date: Sep 2007 Posts: 9,540	+1 for small claims court. it is worth spending the 50 bucks to see if you can get them to pay for it dont be a bitch and roll over, it is thier gate, they are responsible for it properly working and it was not so it damaged your property __________________ ^^FOR SALE^^ http://www.autotrader.com/fyc/vdp.js...reset_crumbs=y

05-17-2008, 10:44 PM	#11 (permalink)
rebelyell unofficial philosopher Join Date: Oct 2004 Location: Fayetteville, NC Posts: 1,767	Ouch. Were you in the car when that big gate hit you? Man you might have some neck problems from that. I'd get me a dollar collar and then ask em to pay for my damages. Plus pain and suffering. LOL, It might work. __________________ 2004 Torch Red GT Mach 1 Chin Spoiler "4.6 L V8" Side Stripes Mach 1 Hood stripe Black shorty antenna Flowmaster catbacks

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode