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A malfunctioning gate hit my mustang!

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  #1  
Old 05-14-2008 | 08:53 PM
CutlersKilla006's Avatar
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From: Denver, Colorado
Default 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 09:07 PM.
  #2  
Old 05-14-2008 | 09:15 PM
01FR500's Avatar
I'd Hit It
Joined: Sep 2006
Posts: 2,847
From: Texarkana, TX/Conway, AR
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I would find a way to make them pay for it, and your legal fees.
 
  #3  
Old 05-14-2008 | 09:27 PM
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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.
 
  #4  
Old 05-15-2008 | 11:22 AM
00whtgt's Avatar
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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.
 
  #5  
Old 05-15-2008 | 11:32 AM
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As soon as you threaten law suit they will more than likely agree to pay.
 
  #6  
Old 05-15-2008 | 12:02 PM
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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.
 
  #7  
Old 05-15-2008 | 02:22 PM
Dave04Mustang's Avatar
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From: San Marcos, TX
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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.
 
  #8  
Old 05-15-2008 | 02:54 PM
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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.
 
  #9  
Old 05-15-2008 | 03:54 PM
JackThe Ripper's Avatar
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+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
 
  #10  
Old 05-15-2008 | 03:55 PM
4.6 Love's Avatar
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From: Mexico
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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...
 
  #11  
Old 05-17-2008 | 11:44 PM
rebelyell's Avatar
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Posts: 3,003
From: North Carolina
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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.
 
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