Lawyer up or file Insurance?

[A_A_G]

The tree is a completely different issue because that is a true act of God.

This is a carport and is not the same. If this was an act of God then why didn't every carport collapse? Also, why wouldn't the apartment complex do something to remove ice or snow from the carport? Was the carport constructed properly to code? Have the carports collapsed in the past?

You can't answer any of these questions from the picture. Of course the apartment complex is going to do their best to say it is all his fault for parking there and the old "act of God" line of bullshit is their go to excuse because most people fall for it.

Unless you can PROVE that the owner of the property was negligent in some way, you have no case when it comes to weather related incidents.

You really think an apartment complex is going to attempt to remove ice from carports while the surface is a skating rink?

[motoman]

Please tell me what insurance company she works for so that I make sure I never get coverage through them.

It's not a matter of the company you jackass, it's how the policy is written, and most people don't have ice damage written into their policy around here. If it's not listed on the declaration page, it's more than likely not covered.

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[The King]

It's not a matter of the company you jackass, it's how the policy is written, and most people don't have ice damage written into their policy around here.

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Many, if not most, people never read their policies.

[quikag]

File on your insurance and they will subrogate against the apartment complex if legally able to do so. Otherwise, it should be a comprehensive claim on your auto policy.

[motoman]

Many, if not most, people never read their policies.

They can be difficult to read, that's for sure. But it's not the insurance companies problem if you don't read your policy.

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[The King]

They can be difficult to read, that's for sure. But it's not the insurance companies problem if you don't read your policy.

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Agreed, no different than reading loan/financing terms.

[crooner]

Wow a bunch of people don't know what there talking about. Here's the low down. FYI I worked for Allstate and carried a insurance license up to this year when I didn't renew it.

First, there's no negligence on the property. Ice is a act of god and it covered under comprehensive for this situation. If your driving on ice and hit something that's collision. Both covered under your auto insurance.

Could you sue them prolly so. But, once you factor in the money and the chances of you losing (which are high)Your better off filing you claim and moving on.

Another example I saw a lot was people didn't carry renters insurance when they lived in a apartment and there was a fire or water leak caused by a tenant. If you didn't carry the renters insurance your sol.

[eastsidetorino]

Their insurance will cover some of the damages. Make the claim. Heres what could happen:

1. Their insurance brushes you off
2. Their insurance pays out

There was negligence on the complex's part by not maintaining premises to a standard with which would hold up during expected weather conditions. This is not an act of god, this is a preventable case of damage which was caused by corner cutting of the complex; through poor structure choice, and even poorer facility maintenance.

[Labora]

Saw so many of these down during the ice storm. Was amazed how many people left cars parked under the ones that had yet to fall down (in the same complex), guess they didn't give a shit or where too stupid to move vehicles.

Easily preventable too with a few 2x4s propped up to help support the extra load.

Btw your friend is probably screwed, tell him to file under his insurance and move on. Could get a lawyer and all that but probably be a waste of money.

[DON SVO]

That looks like Colonial Village and, if so, that's the complex I moved out of. Lots of folks know my story but just to give an abbreviated version: they took 3 months to fix a faulty garage door opener. They disabled my door while they 'fixed' it and I was burglarized. The door was magically repaired THE NEXT DAY after I called the police and brought the matter up to the apt. management. They denied covering the theft under their insurance and then lied to their attorney about the door being unlocked. I was told to "prove it".

Fuck those cock suckers and merry motherfucking Christmas. A goddamned tree could collapse through your window and they'd find some way to blame you. Piss on the whole lot of them.

[quikag]

It amazes me how scared people are to file claims with their own insurance company. If there is liability on the other parties fault, YOUR INSURANCE will subrogate against them on your behalf. That means your insurance will go after the other party for reimbursement of the costs incurred to make you whole. If successful, you get your deductible back and it will be charged as a no-cost comprehensive claim on your policy which shouldn't affect your premiums at all.

That is why you have insurance. Damn, the insurance companies must love scared policyholders and probably a good reason they make billions upon billions a year in profit.

I'm glad I have USAA, they have always done me right and represented my interests when the other party was at fault. I'm not going to mess with it, that is why I have them to go to battle for me needed.

Merry Christmas.

[03mustangdude]

It amazes me how scared people are to file claims with their own insurance company. If there is liability on the other parties fault, YOUR INSURANCE will subrogate against them on your behalf. That means your insurance will go after the other party for reimbursement of the costs incurred to make you whole. If successful, you get your deductible back and it will be charged as a no-cost comprehensive claim on your policy which shouldn't affect your premiums at all.

That is why you have insurance. Damn, the insurance companies must love scared policyholders and probably a good reason they make billions upon billions a year in profit.

I'm glad I have USAA, they have always done me right and represented my interests when the other party was at fault. I'm not going to mess with it, that is why I have them to go to battle for me needed.

Merry Christmas.

Couldn't agree more

[Blakeski]

Bingo. Regardless of what his lease says, go after those mofos. They are covered, and they will eventually pay. Especially if he spends $150 to take them to small claims. I would NOT file under my insurance. Apartments SOP is to deny deny deny to keep costs down.

Wrong...

The tree is a completely different issue because that is a true act of God.

This is a carport and is not the same. If this was an act of God then why didn't every carport collapse? Also, why wouldn't the apartment complex do something to remove ice or snow from the carport? Was the carport constructed properly to code? Have the carports collapsed in the past?

You can't answer any of these questions from the picture. Of course the apartment complex is going to do their best to say it is all his fault for parking there and the old "act of God" line of bullshit is their go to excuse because most people fall for it.

And wrong, when you sign your lease there is fine print stating the complex is not liable. I like your angle though!

[CJ-95GT]

My friend is supposed to talk with the company property manager in the next couple of days to resolve this. Sounds like they might be willing to take some of the blame. I recall the maitenance guy saying those parking structures are not designed to withstand the weight of ice. Also, he noted that the collapsed one extended a few feet further out to cover the handicap ramp. It was the only one like that and the only one that collapsed in the complex.

[SMKR]

My friend is supposed to talk with the company property manager in the next couple of days to resolve this. Sounds like they might be willing to take some of the blame. I recall the maitenance guy saying those parking structures are not designed to withstand the weight of ice. Also, he noted that the collapsed one extended a few feet further out to cover the handicap ramp. It was the only one like that and the only one that collapsed in the complex.

Bingo, negligence, get it on tape