Need advice on water damaged 911.
10-14-2011, 11:03 AM
#16
AutoX
Thread Starter
Join Date: Dec 2006
Location: Boca Raton, FL
Posts: 12
Likes: 0
Received 0 Likes
on
0 Posts
In response to Boolala, we filed a claim against the garage management company over a year ago to cover the DV based upon their negligence in not properly maintaining the garage. The flood could have been avoided had they done their job, which they clearly did not do. We do not care who pays (the management company or their insurance company).
It's interesting, the 'contract' you sign when you enter a garage is on the rear of each receipt, each one is different, but they all basically (according to my attorney, who has worked for and against parking companies for years) are responsible that nothing beyond the normal protection of your car. If they park your car and run into a wall in the proces, they are responsible for damages. If you park and someone else runs into your car, they technically are not responsible but may still be liable and you can go after them for this. Courts all rule differently, but if we can show they did not deliver on their end of the contract (proper maintenance of the garage which led to the damage and DV), we should be on good ground.
We have teamed with our insurance company in the claim against the garage management company to form a single case. They are going after money spent fixing the car, we are going after DV. The management company thus far has been non-responsive (go figure) but there's a court date set. We shall see how it turns out.
It's interesting, the 'contract' you sign when you enter a garage is on the rear of each receipt, each one is different, but they all basically (according to my attorney, who has worked for and against parking companies for years) are responsible that nothing beyond the normal protection of your car. If they park your car and run into a wall in the proces, they are responsible for damages. If you park and someone else runs into your car, they technically are not responsible but may still be liable and you can go after them for this. Courts all rule differently, but if we can show they did not deliver on their end of the contract (proper maintenance of the garage which led to the damage and DV), we should be on good ground.
We have teamed with our insurance company in the claim against the garage management company to form a single case. They are going after money spent fixing the car, we are going after DV. The management company thus far has been non-responsive (go figure) but there's a court date set. We shall see how it turns out.
